Making an Application for Review of a Decision of the Commissioner

If the Anti-Discrimination Commissioner (ADC) has not accepted or rejected or dismissed your complaint or has made a decision in respect to an exemption you may request a review of that decision. Your request must be  made using the General Review form and be filed within 28 days after receipt of the notification from the ADC that your complaint has been rejected or dismissed.

If, on reviewing the rejection or dismissal of a complaint the Tribunal is satisfied that the ADC made the correct decision in rejecting or dismissing the complaint, the complaint lapses.

If, on reviewing the rejection of a complaint, the Tribunal is not satisfied that the ADC made the correct decision in rejecting the complaint, the Tribunal is to refer the complaint back to the ADC for investigation.

If, on reviewing the dismissal of a complaint, the Tribunal is not satisfied that the Commissioner made a correct decision in dismissing the complaint, the Tribunal is to deal with the complaint as if it were an inquiry.

The Tribunal has created a Table of Types of Applications it has the power to receive under the Anti-Discrimination Act.  It also provides you with the name of the respondent and which form you need to use.

With this information you can choose the correct form and fill in:

• The name of the Act and section that allows an application to be made to the Tribunal.  The section you should include on the form is in BOLD type.
• The respondent
• If there are any special requirements, you can include those on the form.  The special requirements may also provide details of differences in time limits and any other things you need to be aware of under the legislation.