Australian Capital Territory Numbered Acts

DISCRIMINATION ACT 1991 (NO. 81 OF 1991) - SECT 71

71. (1) The Commissioner may decide not to investigate a complaint, or not to investigate a complaint any further, if the Commissioner believes on reasonable grounds that—

(a)     the complainant does not want the complaint to be investigated or further investigated;

(b)     the act, or the last of the series of acts, to which the complaint relates became known to the complainant more than 12 months before the complaint was made to the Commissioner;

(c)     the act or acts to which the complaint relates is not unlawful under Part III, V, VII or section 66;

(d)     the complaint is frivolous, vexatious, misconceived or lacking in substance or was not made in good faith;

(e)     the subject matter of the complaint has already been dealt with adequately by the Commissioner ;

(f)     some other more appropriate remedy in relation to the subject matter of the complaint is reasonably available to the complainant;

(g)     where some other remedy has been sought in relation to the subject matter of the complaint—the matter has been dealt with adequately; or

(h)     having regard to the complaint and any other relevant matter before the Commissioner, it is not necessary to make any further investigation.

(2) The Commissioner shall give notice in writing of a decision under subsection (1), setting out the Commissioner's reasons for the decision, to the complainant, the respondent and any other person who is a party to any investigation of the complaint.