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{
    "id": 177705,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/177705/?format=api",
    "text_counter": 373,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "THAT, the following new clauses be inserted under new Part V:- Complaints33. (1) Any person who claims that another person has contravened a provision of Part IB of this Act in relation to that person may complain to the Commission. (2) Two or more persons may complain jointly. (3) A complaint may be made by or against an individual as well as a body of persons whether corporate or unincorporated. (4) In order to complain to the Commission under this section, it is not necessary for the alleged contravention to relate exclusively to the complainant.Lodging a34(1) A person shall complain to the Commission complaintby lodging a written complaint to the Commission by hand, facsimile or other electronic transmission or post, setting out the alleged contravention. (4) The Commission shall notify the respondent in writing of the complaint as soon as practicable after receiving it. Commission may35(1) If the Commission considers that a 3702 PARLIAMENTARY DEBATES November 27, 2008 decline to entertain complaint- some complaints (a) is frivolous, vexatious, misconceived or lacking in substance; or (b) involves subject matter that would be more appropriately dealt with by a court; or (c) involves subject matter that has been adequately dealt with by a court; or (d) relates to an alleged contravention of the Act that took place more than twelve months before the complaint was lodged, the Commission my decline to entertain the complaint by notifying the complainant and the respondent in writing within sixty days after the day the complaint was lodged. (2) Before declining to entertain a complaint, the Commission may, by written notice, invite any person to- (a) attend before the Commission, or a member or member of staff of the Commission, for the purpose of discussing the subject matter of the complaint; or (b) produce any documents specified in the notice. Application to36(1) A respondent may apply in writing to the strike outCommission to have a complaint or any part of it complaintstruck out on the grounds that it is frivolous, vexatious, misconceived or lacking in substance. (2) An application under sub-section (1) may by made at any time- (a) before the respondent has been given a notice to attend under section 42 (a) or has otherwise been notified by the Commission or the Commission Secretary of a date for conciliation; or (b) after the conciliation has been completed but before the complaint is set down for hearing. (3) The Commission shall begin to hear the application within fourteen days after reconciliation has failed and shall determine it as expeditiously as possible. Commission may37(1) The Commission may dismiss a complaint, and dismiss a staleshall notify the complainant accordingly, if complaint.the Commission has had no substantive response from the complainant in the period of twelve months following a request by the Commission for a response in relation to the complaint. (2) A complainant may take no further action under this Act in relation to the subject matter of a complaint under this section. Minister may38(1) If the Minister considers that any matter refer a matterraises an issue of important public policy, the to Commission.Minister may refer the matter to the Commission whether or not a complaint has been lodged or the Commission has considered the complaint or the complaint is in the process of being conciliated. (2) The Minister shall not be a party to a proceeding in a matter referred to the Commission under sub-section (1) unless joined by the Commission. Mr. Temporary Deputy Chairman, Sir, the reason is basically to set up a complaints and compliance procedure which is absent in the current Bill. I will explain as we go clause by clause."
}