Disability Rights Commission Act 1999(repealed)
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Change 1
6 Persistent discrimination.
(1) This section applies during the period of five years beginning on the date on which— (a) a non-discrimination notice served on a person, (b) a finding in proceedings under section 17A, 25, 28I, 28K, 28L, 28N or 28V of the 1995 Act , or in proceedings under provision made under section 31AE of that Act, that a person has committed an act which is unlawful discrimination for the purposes of any provision of Part 2, ;3 or 4 of that Act, or (c) a finding by a court or tribunal in any other proceedings that a person has committed an unlawful act of a description prescribed under subsection (4), has become final. (2) If during that period it appears to the Commission that unless restrained the person concerned is likely to do one or more unlawful acts, the Commission may apply to a county court for an injunction, or to the sheriff for interdict, restraining him from doing so. (3) The court, if satisfied that the application is well-founded, may grant the injunction or interdict in the terms applied for or in more limited terms. (4) In this section “unlawful act” means an act which is unlawful discrimination or harassment for the purposes of any provision of ;Part 2, 3 or 4 of the 1995 Act or any other unlawful act of a description prescribed for the purposes of this section. (5) A finding of a court or tribunal becomes final for the purposes of this section when an appeal against it is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought.
6 Persistent discrimination.
(1) This section applies during the period of five years beginning on the date on which— (a) a non-discrimination notice served on a person, (b) a finding in proceedings under section 17A, 25, 28I, 28K, 28L, 28N or 28V of the 1995 Act , or in proceedings under provision made under section 31AE of that Act, that a person has committed an act which is unlawful discrimination for the purposes of any provision of Part 2, ;3 or 4 of that Act, or (c) a finding by a court or tribunal in any other proceedings that a person has committed an unlawful act of a description prescribed under subsection (4), has become final. (2) If during that period it appears to the Commission that unless restrained the person concerned is likely to do one or more unlawful acts, the Commission may apply to a county court for an injunction, or to the sheriff for interdict, restraining him from doing so. (3) The court, if satisfied that the application is well-founded, may grant the injunction or interdict in the terms applied for or in more limited terms. (4) In this section “unlawful act” means an act which is unlawful discrimination or harassment for the purposes of any provision of ;Part 2, 3 or 4 of the 1995 Act or any other unlawful act of a description prescribed for the purposes of this section. (5) A finding of a court or tribunal becomes final for the purposes of this section when an appeal against it is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought.
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