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Redress in respect of prohibited conduct.
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21.—(1) A person who claims that prohibited conduct has been directed against him or her may, subject to this section, seek redress by referring the case to the Director.
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(2) Before seeking redress under this section the complainant—
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(a) shall, within 2 months after the prohibited conducted is alleged to have occurred, or, where more than one incident of prohibited conduct is alleged to have occurred, within 2 months after the last such occurrence, notify the respondent in writing of—
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(i) the nature of the allegation,
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(ii) the complainant's intention, if not satisfied with the respondent's response to the allegation, to seek redress by referring the case to the Director,
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and
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(b) may in that notification, with a view to assisting the complainant in deciding whether to refer the case to the Director, question the respondent in writing so as to obtain material information and the respondent may, if the respondent so wishes, reply to any such questions.
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(3) If, on application by the complainant, the Director is satisfied—
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(a) that exceptional circumstances prevented the complainant from notifying the respondent in accordance with subsection (2), and
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(b) that it is just and equitable, having regard to the nature of the alleged conduct and to any other relevant circumstances, that the period for doing so should be extended beyond the period of 2 months provided for in that subsection,
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the Director may direct that, in relation to that case, subsection (2) shall have effect as if for the reference to 2 months there were substituted a reference to such period not exceeding 4 months as is specified in the direction; and where such a direction is given, this Part shall have effect accordingly.
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(4) The Director shall not investigate a case unless he or she is satisfied either that the respondent has replied to the notification or that at least one month has elapsed after it was sent to the respondent.
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(5) The Minister may by regulations prescribe the form to be used by a complainant and respondent for the purposes of subsection (2).
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(6) Subject to subsection (7), a claim for redress in respect of prohibited conduct may not be referred under this section after the end of the period of 6 months from the date of the occurrence of the prohibited conduct to which the case relates or, as the case may be, the date of its most recent occurrence.
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(7) If, on application by the complainant, the Director is satisfied that exceptional circumstances prevented the complainant's case from being referred within the time limit specified in subsection (6)—
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(a) the Director may direct that, in relation to that case, subsection (6) shall have effect as if for the reference to a period of 6 months there were substituted a reference to such period not exceeding 12 months as is specified in the direction, and
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(b) where such a direction is given, this Part shall have effect accordingly.
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(8) Information is material information for the purposes of this section if it is—
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(a) information as to the respondent's reasons for doing or omitting to do any relevant act and as to any practices or procedures material to any such act,
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(b) information, other than confidential information, about the treatment of other persons who stand in relation to the respondent in the same or a similar position as the complainant, or
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(c) other information which is not confidential information and which, in the circumstances of the case in question, it is reasonable for the complainant to require.
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(9) In subsection (8) “confidential information” means any information which relates to a particular individual, which can be identified as so relating and to the disclosure of which that individual does not agree.
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(10) This section is without prejudice to the other provisions of this Act relating to the obtaining of information.
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