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Friday, 16 December 1983
Page: 4002


Senator HARRADINE(3.22) —Clause 81 'Determination of other decision of the Commission' states in part:

After holding an inquiry, the Commission may- (a) dismiss the complaint the subject of the inquiry; or

(b) find the complaint substantiated and make a determination . . .

The determination may include any one of seven actions. I propose a further clause (1A) and I so move:

(16) Page 37, after sub-clause 81 (1), insert the following sub-clause: ''(1A) (a) Where the Commission dismisses a complaint it may make a declaration that the complainant should pay to the respondent an amount determined by the Commission to reimburse the respondent for costs reasonably incurred in consequence of the complaint.

(b) Where the Commission finds a complaint substantiated, it may make a declaration that the respondent should pay to the complainant (not being the Minister or the Commissioner) an amount determined by the Commission to reimburse the complainant for costs reasonably incurred in substantiating the complaint.''.

This is not an unusual provision to be inserted into legislation. I hope that the amendment will be accepted by the Government.