Application to Dismiss Complaint: Proceeding Will Not Benefit the Complainant

Information Sheet DA5

Conditions for dismissal: section 27(1)(d)(i) of the Human Rights Code

For the Tribunal to dismiss a complaint under s. 27(1)(d)(i) of the Code, you must show:

Proceeding with the complaint would not benefit the person, group or class or persons alleged to have been discriminated against.

Information about this basis of dismissal:

Applications on this basis are rarely successful.

Generally, if a complainant may receive a remedy upon proving that the complaint is successful at a hearing, proceeding with the complaint will benefit them.

For example, an application to dismiss may succeed where the respondent company is defunct. The Tribunal will consider whether the complainant agrees there would be no actual benefit to them in continuing the complaint process.