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Section : 38B Additional rules applying to the determination of representative complaints
Domain : Human Resource Management
Classification : Not Identified

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  • (1) The Commissioner may, on application by a class member, replace the complainant with another class member, where it appears to the Commissioner that the complainant is not able adequately to represent the interests of the class members.
  • (2) A class member may, by notice in writing to the Commissioner, withdraw from a representative complaint:
  1. (a) if the complaint was lodged without the consent of the member-at any time; or
  2. (b) otherwise-at any time before the Commissioner begins to hold an inquiry into the complaint. Note: If a class member withdraws from a representative complaint that relates to a matter, the former member may make a complaint under section 36 that relates to the matter.
  • (3) The Commissioner may at any stage direct that notice of any matter be given to a class member or class members.

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