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Section : 38A Commissioner may determine that a complaint is not to continue as a representative complaint
Domain : Human Resource Management
Classification : Not Identified

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  • (1) The Commissioner may, on application by the respondent or on his or her own initiative, determine that a complaint should no longer continue as a representative complaint.
  • (2) The Commissioner may only make such a determination if the Commissioner is satisfied that it is in the interests of justice to do so for any of the following reasons:
  1. (a) the costs that would be incurred if the complaint were to continue as a representative complaint are likely to exceed the costs that would be incurred if each class member lodged a separate complaint;
  2. (b) the representative complaint will not provide an efficient and effective means of dealing with the complaints of the class members;
  3. (c) the complaint was not brought in good faith as a representative complaint;
  4. (d) it is otherwise inappropriate that the complaints be pursued by means of a representative complaint. Compilation date: 11/12/2024 Part V Investigations etc. Division 1 Investigation of complaints and investigations on the Commissioner's initiative

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