OpenLegislation

Regulation 9 Matters to be taken into account when determining under the scheme whether an act or omission was “fair and reasonable”

Original text. Later amendments are not shown.

In determining whether an act or omission by the respondent to a relevant complaint was fair and reasonable, the Commissioner must take the following matters into account—

(a)

any relevant law;

(b)

any relevant facts established by the Commissioner during the enquiry into the complaint;

(c)

any relevant conduct, behaviour or practice of the respondent;

(d)

any relevant conduct, behaviour or practice of the complainant;

(e)

the relative bargaining positions of the respondent and the complainant and, where applicable, the use by the respondent of a stronger bargaining position to the detriment of the complainant; and

(f)

the impact of the act or omission on the respondent, the complainant or any third party.