If at any time it appears to the Commission that it may be desirable to obtain a declaratory judgment or order of the High Court in accordance with the Declaratory Judgments Act 1908, it may refer the matter to the Proceedings Commissioner for the purpose of deciding whether proceedings under that Act should be instituted.

In respect of any matter referred to him under subsection (1) of this section, the Proceedings Commissioner shall, notwithstanding anything to the contrary in the Declaratory Judgments Act 1908 or any other enactment or rule of law, have sufficient standing to institute proceedings under that Act whether or not the matter is one within his own functions and powers under this Act.”

The appointment of a Judge as a member of the Commission, or service by a Judge as a member of the Commission, does not affect his tenure of his judicial office or his rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as a Judge (including those in relation to superannuation) and, for all purposes, his service as a member shall be taken to be service as a Judge.”

For the purpose of providing a superannuation fund or retiring allowance for any of the officers or employees appointed under this Act or for any Commissioners, sums by way of subsidy may from time to time be paid into any scheme under the National Provident Fund Act 1950 containing provision for employer subsidy or into any other employer subsidised scheme approved by the Minister of Finance for the purposes of this section.

Notwithstanding anything in this Act, any person who immediately before becoming an officer or employee of the Commission or a Commissioner (whether before or after the commencement of this Act) is a contributor to the Government Superannuation Fund shall be deemed to be, for the purposes of the Government Superannuation Fund Act 1956, employed in the Government service so long as he continues to be an officer or employee of the Commission or to hold office as a Commissioner; and that Act shall apply to him in all respects as if his service as such an officer or employee or as a Commissioner were Government service.

Subject to the Government Superannuation Fund Act 1956, nothing in subsection (2) of this section shall entitle any such person to become a contributor to the Government Superannuation Fund after he has once ceased to be a contributor.

For the purposes of applying the Government Superannuation Fund Act 1956, in accordance with subsection (2) of this section, to a person who is in the service of the Commission, whether as an officer or employee or as a Commissioner, and is a contributor to the Government Superannuation Fund, the term ‘controlling authority’, in relation to any such person, means the Commission.”

Where the Commission, after making any investigation under this Part of this Act, is of the opinion—

If the Commission is unable to secure such a settlement and assurance, or, as the case may be, such an assurance as aforesaid, or if it appears that the act or omission was done in contravention of such an assurance given on a previous occasion, or that any term of such a settlement has not been complied with, it may refer the matter to the Proceedings Commissioner for the purpose of deciding whether proceedings under section 38 of this Act should be instituted against the person against whom the complaint was made or in respect of whom the investigation was conducted.

Where a matter is referred to the Proceedings Commissioner under subsection (2) of this section, it shall, subject to subsection (4) of this section, be for the Proceedings Commissioner to determine, in his discretion, both whether a matter justifies the institution of proceedings under section 38 of this Act and whether proceedings should be instituted under section 38 of this Act in respect of that matter.

The Proceedings Commissioner shall not take proceedings against a person referred to in subsection (2) of this section unless he has given that person an opportunity to be heard.”

The Proceedings Commissioner may appear and be heard, in person or by a barrister or solicitor,—

Where, pursuant to subsection (1) of this section, the Proceedings Commissioner appears in any proceedings of a kind described in that subsection, he shall, unless those proceedings are by way of appeal, have the right to adduce evidence and the right to cross-examine witnesses.

Where, pursuant to subsection (1) of this section, the Proceedings Commissioner, not being a party to any proceedings before the Tribunal, appears in those proceedings or in any proceedings in any Court in relation to those proceedings, the Tribunal or the Court, as the case may be, may make such order as it thinks fit—

Costs ordered to be paid by the Proceedings Commissioner shall be paid by the Commission.

Nothing in this section limits or affects—

Subject to section 69(2) of this Act, where, after making any investigation under this Part of this Act, the Commission is of the opinion that the complaint has substance, it shall use its best endeavours to secure a settlement between the parties concerned.

If the Commission is unable to secure such a settlement or if it appears to the Commission that any term of such a settlement has not been complied with, it may refer the matter to the Proceedings Commissioner.

If the Proceedings Commissioner is satisfied—

he shall, if the complainant so requests, issue to the complainant a certificate to that effect.

If the Proceedings Commissioner is satisfied that any term of a settlement between the parties concerned has not been complied with, he shall, if the complainant so requests, issue to the complainant a certificate to that effect.

The complainant, having obtained a certificate under subsection (3) or subsection (4) of this section in respect of any matter, may take proceedings in respect of that matter before the Arbitration Court.

The Arbitration Court shall have jurisdiction to hear and determine any proceedings taken under section 70 of this Act and the provisions of the Industrial Relations Act 1973, and in particular sections 47 to 62 of that Act, shall have effect accordingly, with the necessary modifications, notwithstanding that the organisation in respect of which the complaint is made is not registered, or is not eligible to register, under the Industrial Relations Act 1973.

The Commission may, in any proceedings taken under section 70 of this Act, be given an opportunity to be heard either in person or by a person authorised in that behalf by the Commission, whether or not that person is a barrister or a solicitor, but shall not be a party to, or join or be joined in, the proceedings.

Every person commits an offence against this Act and is liable on summary conviction to a fine not exceeding $1,000 who—

Where the Conciliator, after making any investigation under this Act, is of the opinion—

If the Conciliator is unable to secure such a settlement and assurance, or, as the case may be, such an assurance as aforesaid, or if it appears that the act or omission was done in contravention of such an assurance given on a previous occasion, or that any term of such a settlement has not been complied with, he may take proceedings under section 38 of the Human Rights Commission Act 1977 against the person against whom the complaint was made or in respect of whom the investigation was conducted, and all the provisions of that section and of section 40 of that Act shall apply accordingly with all necessary modifications.

The Conciliator shall not take proceedings against a person referred to in subsection (2) of this section unless he has given that person an opportunity to be heard.

Notwithstanding subsections (2) and (3) of this section, the aggrieved person (if any) may himself bring proceedings before the Equal Opportunities Tribunal if he wishes to do so and the Conciliator (or, if the Proceedings Commissioner is exercising the powers of the Conciliator pursuant to section 5(4) of the Human Rights Commission Act 1977, the Proceedings Commissioner)—

Where the aggrieved person brings proceedings pursuant to subsection (4) of this section, all the provisions of section 38(5) to (8) and of section 40 of the Human Rights Commission Act 1977 shall apply accordingly with all necessary modifications.”