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Disability Rights Commission Act 1999

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This is the original version (as it was originally enacted).

7Assistance in relation to proceedings

This section has no associated Explanatory Notes

(1)This section applies to—

(a)proceedings which an individual has brought or proposes to bring under section 8 or 25 of the 1995 Act (complaints and claims about unlawful discrimination under Parts II and III); and

(b)proceedings of a description prescribed for the purposes of this subsection, being proceedings in which an individual who has or has had a disability relies or proposes to rely on a matter relating to that disability.

(2)Where the individual concerned applies to the Commission for assistance in relation to any proceedings to which this section applies, the Commission may grant the application on any of the following grounds—

(a)that the case raises a question of principle;

(b)that it is unreasonable to expect the applicant to deal with the case unaided (because of its complexity, because of the applicant’s position in relation to another party or for some other reason);

(c)that there is some other special consideration which makes it appropriate for the Commission to provide assistance.

(3)If the Commission grants an application, it may—

(a)provide or arrange for the provision of legal advice;

(b)arrange for legal or other representation (which may include any assistance usually given by a solicitor or counsel);

(c)seek to procure the settlement of any dispute;

(d)provide or arrange for the provision of any other assistance which it thinks appropriate.

(4)Subsection (3)(b) does not affect the law and practice as to who may represent a person in relation to any proceedings.

(5)The Commission may authorise any employee of the Commission to exercise such of its functions under this section as it may determine.

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