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The Federal Magistrates Court has jurisdiction with respect to civil matters arising under Part IIB or IIC of the Human Rights and Equal Opportunity Commission Act 1986.
The Federal Magistrates Court has jurisdiction to
determine a complaint which as been terminated by the president of the Human Rights and Equal Opportunity Commission where the President has
given notice under sub-section 46PH(2) of the termination. This jurisdiction is conferred by section 46PE or 46PH of the Human Rights and Equal Opportunity Commission Act 1986.
There are no monetary jurisdictional limits upon the
FMC in proceedings under the HREOC Act.
The Federal Magistrates Court may provide substantive relief, interim relief in relation to complaints under the Racial Discrimination Act 1975, Sex
Discrimination Act 1984, Disability Discrimination Act 1992 and the HREOC Act.
Under section 46PO(4) the Federal Magistrates Court can make:
(a) an order declaring that the respondent has committed unlawful
discrimination and directing the respondent not to repeat or continue such unlawful discrimination;
(b) an order requiring a respondent to perform any reasonable act or
course of conduct to redress any loss or damage suffered by an applicant;
(c) an order requiring a respondent to employ or re-employ an applicant;
(d) an order requiring a respondent to pay to an applicant damages by
way of compensation for any loss or damage suffered because of the conduct of the respondent;
(e) an order requiring a respondent to vary the termination of a contract
or agreement to redress any loss or damage suffered by an applicant;
(f) an order declaring that it would be inappropriate for any further action to be taken in the matter.
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