AUSTRALIAN HUMAN RIGHTS COMMISSION ACT 1986 - SECT 35G Reconsideration of compliance notice

AUSTRALIAN HUMAN RIGHTS COMMISSION ACT 1986 - SECT 35G

President must reconsider compliance notice if requested

  (1)   A person to whom a compliance notice is given may request the President to reconsider the compliance notice.

  (2)   The request must:

  (a)   be made in writing; and

  (b)   set out the reasons for the request; and

  (c)   be given to the President within 21 days after the day the compliance notice is given to the person.

  (3)   If requested, the President must reconsider the compliance notice.

President may reconsider compliance notice on own initiative

  (4)   The President may reconsider a compliance notice given to a person without receiving a request if satisfied there is sufficient reason to do so.

Reconsideration

  (5)   The President must act expeditiously in reconsidering a compliance notice.

  (6)   After reconsidering a compliance notice, the President must:

  (a)   affirm the compliance notice; or

  (b)   vary the compliance notice; or

  (c)   revoke the compliance notice.

  (7)   The President must give written notice of a decision under subsection   (6) to the person to whom the compliance notice was given, setting out the reasons for the decision.

Decisions by delegates

  (8)   If the President's functions under this section are performed by a delegate of the President, the delegate who reconsiders a compliance notice:

  (a)   must not have been involved in giving the compliance notice; and

  (b)   must hold a position, or perform duties, of at least the same level as the person who gave the compliance notice.