Originating application under the Australian Human Rights Commission Act 1986 (Rule 34.163(1)) (Form 116)

If the President of the Australian Human Rights Commission terminates a complaint and gives a notice of termination under section 46PH(2), an application alleging unlawful discrimination may be made to the Federal Court or the Federal Circuit and Family Court (Division 2) under section 46PO of the Australian Human Rights Commission Act 1986. The discrimination alleged must be the same, or the same in substance, as in the complaint, or arise out of substantially the same acts, omissions or practices (s 46PO(3)). Rule 34.163 of the Federal Court Rules 2011 requires an originating application in accordance with Form 116, accompanied by the original complaint and the notice of termination.

When you need it

• Your complaint under the Age, Disability, Racial or Sex Discrimination Act has been terminated by the President of the Commission.
• You want to take the same discrimination claim to the Federal Court within 60 days after the date the termination notice was issued, or ask for more time (s 46PO(2)).
• Note: Fair Work Act discrimination claims are generally dealt with in the Employment and Industrial Relations area, using Fair Work forms (ACLHR-1).

1. 1

   Complete the heading

   Fill in the District Registry, Division and the parties. The respondents must be respondents to the terminated complaint (s 46PO(1)).

2. 2

   Details of claim and legislation

   Describe the discrimination complained of, keeping it within the terminated complaint. Keep only the Act that applies and state each relevant section.

3. 3

   Remedy sought

   Say what you want, such as an apology or compensation, and give details. If seeking compensation, set out the amount and how it is calculated, for example lost income. Add other relief in numbered paragraphs.

4. 4

   Applicant's details

   State your relationship to the respondent (employee, customer and so on) and whether you are over or under 18. Keep the parts on first language and interpreter, special hearing requirements and non-lawyer representation only if they apply.

5. 5

   Extension of time

   If you are filing more than 60 days after the termination notice was issued, give the notice date and your reasons for needing more time.

6. 6

   Addresses, service and signature

   Give your address for service and email, choose whether you intend to serve the respondent, then date and sign.

• File through eLodgment or at a Registry with a copy of the original complaint to the Commission and the President's notice of termination (r 34.163(2)). A filing fee applies - check the current fee schedule and any exemption.
• The Registry fixes the hearing date, time and place and endorses them on the application (r 34.163 note).
• At least 5 days before the return date, give the Commission a stamped copy of the application and copies of the accompanying documents (r 34.164).
• Serve the respondent. The respondent must file a notice of address for service (r 34.165).

• Check whether you need the Court's leave. Under the current Act, the application must not be made unless the Court grants leave or the complaint was terminated under section 46PH(1)(h) or 46PH(1B)(b) (s 46PO(3A)). The 2011 form does not prompt for this.
• Read the termination notice carefully: it states the ground of termination and explains that the courts can award costs in certain circumstances (s 46PH(2A)).
• Include any other claims you have against the respondent in the same application (r 34.163(3)).