Victorian Numbered Acts

EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 208

    After Part 16B of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 insert —

" PART 16C—RACIAL AND RELIGIOUS TOLERANCE ACT 2001

        66H     Meaning of Commissioner

In this Part—

Commissioner means the Commissioner appointed under section 169 of the Equal Opportunity Act 2010 .

        66I     Unincorporated associations can be parties

    (1)     Section 61(1) does not apply to a proceeding under the Racial and Religious Tolerance Act 2001 .

Note

Section 21 of the Racial and Religious Tolerance Act 2001 contains provisions for unincorporated associations in proceedings under that Act.

    (2)     An unincorporated association that is a party to a proceeding under the Racial and Religious Tolerance Act 2001 has the same right to representation in the proceeding as a body corporate.

        66J     Withdrawal of proceeding

    (1)     Despite section 74(1), an applicant is not required to obtain the leave of the Tribunal to withdraw an application under the Racial and Religious Tolerance Act 2001 .

    (2)     Nothing in subclause (1) affects the Tribunal's power to award costs in any proceeding that is withdrawn.

        66K     Summary dismissal of application more than 12 months old

The Tribunal may make an order under section 76 summarily dismissing an application under the Racial and Religious Tolerance Act 2001 in respect of an alleged contravention of Part 2 of that Act if the alleged contravention occurred more than 12 months before the application was made.

        66L     Commissioner may apply for interim injunction

The Commissioner may apply for an order granting an interim injunction under section 123 in a proceeding under the Racial and Religious Tolerance Act 2001 whether or not the Commissioner is a party to that proceeding.

        66M     Evidence of mediation not admissible even if parties agree

    (1)     Evidence of anything said or done in the course of a mediation in a proceeding under the Racial and Religious Tolerance Act 2001 is not admissible in any hearing before the Tribunal in the proceeding, whether or not the parties agree to the giving of the evidence.

    (2)         Section 92 does not apply to a proceeding under the Racial and Religious Tolerance Act 2001 ." .