Making an Application

If the Anti-Discrimination Commissioner (OADC) has rejected or dismissed your complaint you may request a review of that decision.  You request must be in writing and made 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.

Timeframe:

Under Section 74A(1)(c)(ii) of the Tasmanian Civil and Administrative Tribunal Act 2020 you have 28 days from the date on which you were notified of the reviewable decision to lodge your application.  Some legislation provide different timeframes for lodging an application.  The Special Requirements column of the Table below will let you know if the timeframe is less or more than 28 days.

Extensions of time:

The Tribunal may extend time for lodgement of proceedings under Section 115 of the Tasmanian Civil and Administrative Tribunal Act 2020 and Statutory Rule 11 of the Tasmanian Civil and Administrative Tribunal Rules 2021.  The General Review Form will have a section you can complete if you are requesting any proceedings to be given an extension to allow it to be lodged.  You must provide details as to why the proceedings are being lodged outside the timeframe.

Application to Stay a Decision under S 57 of the Anti-Discrimination Act 1998

A person may want to review a decision of the Commissioner under s 57.  A person can make an application to stop the decision from operating while the review is being heard.  These applications are called an application to ‘stay an order.’

An application to stay an order can be made on the General Review Form. Please make sure you provide the information that the form requests if you want to apply to stay an order.