46PO.  Application to court if complaint is terminated 

(1)     If:

(a)     a complaint has been terminated by the President under section 46PE or 46PH; and

(b)     the President has given a notice to any person under subsection 46PH(2) in relation to the termination;

any person who was an affected person in relation to the complaint may make an application to the Federal Court or the Federal Magistrates Court, alleging unlawful discrimination by one or more of the respondents to the terminated complaint.

Note: Part IVA of the Federal Court of Australia Act 1976 allows representative proceedings to be commenced in the Federal Court in certain circumstances.

(2)     The application must be made within 28 days after the date of issue of the notice under subsection 46PH(2), or within such further time as the court concerned allows.

(3)     The unlawful discrimination alleged in the application:

(a)     must be the same as (or the same in substance as) the unlawful discrimination that was the subject of the terminated complaint; or

(b)     must arise out of the same (or substantially the same) acts, omissions or practices that were the subject of the terminated complaint.

(4)     If the court concerned is satisfied that there has been unlawful discrimination by any respondent, the court may make such orders (including a declaration of right) as it thinks fit, including any of the following orders or any order to a similar effect:

(a)     an order declaring that the respondent has committed unlawful discrimination and directing the respondent not to repeat or continue such unlawful discrimination;

(b)     an order requiring a respondent to perform any reasonable act or course of conduct to redress any loss or damage suffered by an applicant;

(c)     an order requiring a respondent to employ or re-employ an applicant;

(d)     an order requiring a respondent to pay to an applicant damages by way of compensation for any loss or damage suffered because of the conduct of the respondent;

(e)     an order requiring a respondent to vary the termination of a contract or agreement to redress any loss or damage suffered by an applicant;

(f)      an order declaring that it would be inappropriate for any further action to be taken in the matter.

(5)     In the case of a representative proceeding under Part IVA of the Federal Court of Australia Act 1976, subsection (4) of this section applies as if a reference to an applicant included a reference to each person who is a group member (within the meaning of Part IVA of the Federal Court of Australia Act 1976).

(6)     The court concerned may, if it thinks fit, grant an interim injunction pending the determination of the proceedings.

(7)     The court concerned may discharge or vary any order made under this section (including an injunction granted under subsection (6).

(8)     The court concerned cannot, as a condition of granting an interim injunction, require a person to give an undertaking as to damages.

46PP.  Interim injunction to maintain status quo etc. 

(1)     At any time after a complaint is lodged with the Commission, the Federal Court or the Federal Magistrates Court may grant an interim injunction to maintain:

(a)     the status quo, as it existed immediately before the complaint was lodged; or

(b)     the rights of any complainant, respondent or affected person.

(2)     The application for the injunction may be made by the Commission, a complainant, a respondent or an affected person.

(3)     The injunction cannot be granted after the complaint has been withdrawn under section 46PG or terminated under section 46PE or 46PH.

(4)     The court concerned may discharge or vary an injunction granted under this section.

(5)     The court concerned cannot, as a condition of granting the interim injunction, require a person to give an undertaking as to damages.

46PQ.  Right of representation 

(1)     A party in proceedings under this Division:

(a)     may appear in person; or

(b)     may be represented by a barrister or a solicitor; or

(c)     may be represented by another person who is not a barrister or solicitor, unless the court is of the opinion that it is inappropriate in the circumstances for the other person to appear.

(2)     A person, other than a barrister or solicitor, is not entitled to demand or receive any fee or reward, or any payment for expenses, for representing a party in proceedings under this Division.

46PR.  Court not bound by technicalities 

In proceedings under this Division, the Federal Court and the Federal Magistrates Court are not bound by technicalities or legal forms. This section has effect subject to Chapter III of the Constitution.

46PS.  Report by President to court 

(1)     The President may provide the Federal Court or the Federal Magistrates Court with a written report on a complaint that has been terminated under section 46PH.

(2)     The report must not set out or describe anything said or done in the course of conciliation proceedings under this Part (including anything said or done at a conference held under this Part).

(3)     The President may give a copy of the report to the applicant and the respondent, and to any relevant member of the Commission.

46PT.  Assistance by Commission 

The Commission may help a person to prepare the forms required for the person to make an application under this Division.

46PU.  Assistance in proceedings before the court 

(1)     A person who:

(a)     has commenced or proposes to commence proceedings in the Federal Court or the Federal Magistrates Court under this Division; or

(b)     is a respondent in proceedings in the Federal Court or the Federal Magistrates Court under this Division;

may apply to the Attorney-General for the provision of assistance under this section in respect of the proceedings.

(2)     If a person makes an application for assistance and the Attorney-General is satisfied that:

(a)     it will involve hardship to that person to refuse the application; and

(b)     in all the circumstances, it is reasonable to grant the application;

the Attorney-General may authorise the provision by the Commonwealth to that person, on such conditions (if any) as the Attorney-General determines, of such legal or financial assistance in respect of the proceedings as the Attorney-General determines.

46PV.  Amicus curiae function of Commission members 

(1)     A special-purpose Commissioner has the function of assisting the Federal Court and the Federal Magistrates Court, as amicus curiae, in the following proceedings under this Division:

(a)     proceedings in which the special-purpose Commissioner thinks that the orders sought, or likely to be sought, may affect to a significant extent the human rights of persons who are not parties to the proceedings;

(b)     proceedings that, in the opinion of the special-purpose Commissioner, have significant implications for the administration of the relevant Act or Acts;

(c)     proceedings that involve special circumstances that satisfy the special-purpose Commissioner that it would be in the public interest for the special-purpose Commissioner to assist the court concerned as amicus curiae.

(2)     The function may only be exercised with the leave of the court concerned.

(3)     In this section, special-purpose Commissioner means:

(a)     the Aboriginal and Torres Strait Islander Social Justice Commissioner; and

(b)     the Disability Discrimination Commissioner; and

(c)     the Human Rights Commissioner; and

(d)     the Race Discrimination Commissioner; and

(e)     the Sex Discrimination Commissioner.