Sex Discrimination (Investigation and Conciliation) Rules
E.R. 1 of 2013
Determination of representative complaints
(1) The Commission may determine that any complaint lodged with it should not be a representative complaint.
(2) The Commission may make a determination under subsection (1) only if it is satisfied that it is in the interests of justice to do so for any of the following reasons-
(a) the costs that would be incurred (whether by the Commission or class members) 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;
(b) the representative complaint will not provide an efficient and effective means of dealing with the complaints of the class members;
(c) the complaint was not brought in good faith as a representative complaint; or
(d) it is otherwise inappropriate that the complaints be pursued by means of a representative complaint.