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9. In determining whether an act or omission by the respondent to a relevant complaint was fair and reasonable, the Commissioner must take the following matters into account—
(a)any relevant law;
(b)any relevant facts established by the Commissioner during the enquiry into the complaint;
(c)any relevant conduct, behaviour or practice of the respondent;
(d)any relevant conduct, behaviour or practice of the complainant;
(e)the relative bargaining positions of the respondent and the complainant and, where applicable, the use by the respondent of a stronger bargaining position to the detriment of the complainant; and
(f)the impact of the act or omission on the respondent, the complainant or any third party.
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