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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Australian Human Rights Commission
Amendment (Preliminary Assessment
Process) Bill 2017
No. , 2017
(Senator Burston)
A Bill for an Act to amend the Australian Human
Rights Commission Act 1986, and for related
purposes
No. , 2017
Australian Human Rights Commission Amendment (Preliminary
Assessment Process) Bill 2017
i
Contents
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Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
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Australian Human Rights Commission Act 1986
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No. , 2017
Australian Human Rights Commission Amendment (Preliminary
Assessment Process) Bill 2017
1
A Bill for an Act to amend the Australian Human
1
Rights Commission Act 1986, and for related
2
purposes
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The Parliament of Australia enacts:
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1 Short title
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This Act is the Australian Human Rights Commission Amendment
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(Preliminary Assessment Process) Act 2017.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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Schedule 1 Amendments
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Australian Human Rights Commission Amendment (Preliminary
Assessment Process) Bill 2017
No. , 2017
column 2 of the table. Any other statement in column 2 has effect
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according to its terms.
2
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Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
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enacted. It will not be amended to deal with any later amendments of
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this Act.
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(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
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may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Amendments Schedule 1
No. , 2017
Australian Human Rights Commission Amendment (Preliminary
Assessment Process) Bill 2017
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Schedule 1--Amendments
1
2
Australian Human Rights Commission Act 1986
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1 At the end of subsection 46PE(3)
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Add "(other than any requirement to notify the President or the
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Commission)".
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2 Subsection 46PF(1)
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Repeal the subsection, substitute:
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(1) If a complaint is referred to the President under section 46PD, the
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President must appoint a committee, consisting of the President
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and 2 other members of the Commission, to make a preliminary
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assessment of the complaint.
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(1A) The President must, as soon as practicable after the complaint is
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referred, by notice in writing:
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(a) inform the complainant that the President will inquire into the
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complaint, subject to a preliminary assessment; and
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(b) invite the complainant to provide evidence for the complaint,
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within a period specified in the notice, for the preliminary
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assessment.
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(1B) After the end of the period specified in the notice to the
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complainant, the committee must:
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(a) consider the complaint and any evidence provided by the
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complainant; and
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(b) form a view on whether the complaint could be terminated
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under section 46PH; and
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(c) unless the committee forms the view that the complaint could
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be terminated--form a view on whether any respondent
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should be removed from the complaint.
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(1C) If the committee forms a view under paragraph (1B)(c) that a
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respondent should be removed from the complaint, the President
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Schedule 1 Amendments
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Australian Human Rights Commission Amendment (Preliminary
Assessment Process) Bill 2017
No. , 2017
must make an appropriate recommendation to the complainant in
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writing, giving the reasons.
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(1D) As soon as practicable after subsection (1B) and, if applicable,
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subsection (1C) have been complied with, the President must,
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unless the complaint is terminated under section 46PE or 46PH, by
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notice in writing to each respondent:
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(a) inform the respondent of the complaint, or that part of the
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complaint that relates to the respondent; and
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(b) inform the respondent that the President will inquire into the
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complaint, subject to a preliminary assessment; and
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(c) invite the respondent to provide evidence in relation to the
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complaint, within a period specified in the notice, for the
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preliminary assessment.
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(1E) After the end of the period specified in the notices to the
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respondents, the committee must:
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(a) consider the complaint and any evidence provided by a
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respondent; and
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(b) form a view on whether the complaint could be terminated
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under section 46PH; and
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(c) unless the committee forms the view that the complaint could
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be terminated--form a view on whether any respondent
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should be removed from the complaint.
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(1F) If the committee forms a view under paragraph (1E)(c) that a
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respondent should be removed from the complaint, the President
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must make an appropriate recommendation to the complainant in
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writing, giving the reasons.
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(1G) As soon as practicable after subsection (1E) and, if applicable,
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subsection (1F) have been complied with, the President must,
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unless the complaint is terminated under section 46PE or 46PH:
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(a) by notice in writing to the complainant and to each
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respondent:
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(i) inform the recipient that the President will inquire into
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the complaint and attempt to conciliate the complaint;
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and
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Amendments Schedule 1
No. , 2017
Australian Human Rights Commission Amendment (Preliminary
Assessment Process) Bill 2017
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(ii) set out briefly the proposed process for the inquiry and
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conciliation; and
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(b) proceed to inquire into the complaint and attempt to
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conciliate the complaint.
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3 Subsection 46PF(5)
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Repeal the subsection.
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4 Subsection 46PH(1)
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After "may terminate a complaint", insert ", at any time (including
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before the inquiry into the complaint has begun),".
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5 Before paragraph 46PH(1)(a)
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Insert:
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(aa) the President is satisfied that the person aggrieved by the
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alleged unlawful discrimination does not want the President
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to inquire, or to continue to inquire, into the complaint;
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(ab) the President is satisfied that the complaint has been settled
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or resolved;
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6 Subsection 46PH(2)
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After "must notify the complainants", insert ", and any respondents that
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have been notified of the complaint".
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7 Paragraph 46PO(1)(b)
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Omit "any person", substitute "a complainant".
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8 Application of amendments
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The amendments made by this Schedule apply in relation to a complaint
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lodged on or after the day this item commences.
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