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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian
Human Rights Commission Legislation Bill
2003
No. ,
2003
(Attorney-General)
A
Bill for an Act to rename, refocus and restructure the Human Rights and Equal
Opportunity Commission and amend the law relating to human rights, and for
related purposes
Contents
Part 1—Human Rights and Equal Opportunity Commission Act
1986 3
Part 2—Disability Discrimination Act
1992 17
Part 3—Privacy Act
1988 20
Part 4—Racial Discrimination Act
1975 21
Part 5—Sex Discrimination Act
1984 25
Part 6—Application and
transitional 29
Part 1—References to the Human Rights and Equal Opportunity
Commission Act 1986 32
Crimes (Torture) Act
1988 32
Criminal Code Act
1995 32
Defence Act
1903 32
Evidence Act
1995 32
Housing Assistance Act
1996 32
Human Rights (Sexual Conduct) Act
1994 32
Inspector-General of Intelligence and Security Act
1986 33
Migration Act
1958 33
Remuneration Tribunal Act
1973 33
Supported Accommodation Assistance Act
1994 33
Workplace Relations Act
1996 33
Part 2—Other
amendments 34
Defence Act
1903 34
Inspector-General of Intelligence and Security Act
1986 34
Migration Act
1958 34
Native Title Act
1993 34
Remuneration and Allowances Act
1990 35
Remuneration Tribunal Act
1973 35
Workplace Relations Act
1996 35
A Bill for an Act to rename, refocus and restructure the
Human Rights and Equal Opportunity Commission and amend the law relating to
human rights, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Human Rights Commission
Legislation Act 2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedules 1 and 2 |
A single day to be fixed by Proclamation, subject to
subsection (3) |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
(3) If a provision covered by item 2 of the table does not commence
within the period of 6 months beginning on the day on which this Act receives
the Royal Assent, it commences on the first day after the end of that
period.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Part 1—Human
Rights and Equal Opportunity Commission Act 1986
1 Title
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
2 Section 1
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
3 Subsection 3(1) (definition of appointed
member)
Repeal the definition.
4 Subsection 3(1) (definition of
Commission)
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
5 Subsection 3(1)
Insert:
Complaints Commissioner means a person appointed as a
Complaints Commissioner under section 42A.
6 Subsection 3(1) (definition of Disability
Discrimination Commissioner)
Repeal the definition.
7 Subsection 3(1)
Insert:
Human Rights Commissioner means a member of the Commission
appointed under section 8B.
8 Subsection 3(1) (definition of
member)
Omit “, and includes the President”.
9 Subsection 3(1) (definition of Race
Discrimination Commissioner)
Repeal the definition.
10 Subsection 3(1) (definition of Sex
Discrimination Commissioner)
Repeal the definition.
11 Part II (heading)
Repeal the heading, substitute:
12 Subsection 7(1)
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
Note: The heading to section 7 is altered by omitting
“Human Rights and Equal Opportunity” and substituting
“Australian Human Rights”.
13 Subsection 8(1)
Repeal the subsection, substitute:
(1) The Commission consists of the following members:
(a) a President; and
(b) 3 Human Rights Commissioners.
14 Subsection 8(6)
Omit “31(b)”, substitute “31(1)(b)”.
15 Subsection 8(6)
Omit “31(k)”, substitute “31(1)(k)”.
16 Subsection 8(7)
Omit all the words after “office of”, substitute “the
President or a Human Rights Commissioner”.
17 Subsection 8B(1)
Omit “The Human Rights Commissioner”, substitute “Each
Human Rights Commissioner”.
Note: The heading to section 8B is replaced by the
heading “Human Rights Commissioners”.
18 Subsection 8B(2)
Omit “the Human Rights Commissioner unless the
Governor-General”, substitute “a Human Rights Commissioner unless
the Minister”.
19 At the end of subsection
8B(2)
Add:
(3) Before the Governor-General makes an appointment under
subsection (1), the Minister must be satisfied that the President, the
other Human Rights Commissioners and the person, as a group, have expertise in
the variety of matters likely to come before the Commission.
20 Before paragraph 11(1)(a)
Insert:
(aaa) to promote an understanding and acceptance, and the public
discussion, of human rights in Australia and of the responsibility of
persons and organisations to respect those rights;
(aab) to disseminate information on human rights and on the responsibility
of persons and organisations to respect those rights;
(aac) to undertake research and educational programs and other programs,
on behalf of the Commonwealth, for the purpose of promoting human rights, and to
co-ordinate any such programs undertaken by any other persons or authorities on
behalf of the Commonwealth;
(aad) to prepare, and to publish in the manner the Commission considers
appropriate, guidelines for avoiding acts or practices of a kind in respect of
which the Commission has a function under paragraph (f);
21 Paragraph 11(1)(a)
After “by”, insert “the Disability Discrimination Act
1992,”.
22 Paragraph 11(1)(d)
Omit “section 31”, substitute “subsection
31(1)”.
23 Paragraphs 11(1)(g), (h) and
(n)
Repeal the paragraphs.
24 Paragraph 11(1)(o)
After “issues”, insert “, subject to subsections (5)
and (6)”.
25 After subsection 11(1)
Insert:
(1A) As part of its functions under paragraphs (1)(aaa) and (aab),
the Commission must seek to raise public awareness of the importance of human
rights by using, and encouraging the use of, the expression human
rights—everyone’s responsibility.
(1B) For the purposes of subsection (1A), the Commission may
incorporate the expression in its logo and on its stationery.
26 At the end of
section 11
Add:
(5) Except in a case to which subsection (6) applies, the Commission
may only intervene in proceedings as mentioned in paragraph (1)(o) if the
Attorney-General approves the intervention. In deciding whether to approve the
intervention, the Attorney-General may (but need not) have regard to the
following matters:
(a) whether the Commonwealth, or a person on behalf of the Commonwealth,
has already intervened in the proceedings;
(b) whether, in the Attorney-General’s opinion, the proceedings may
affect to a significant extent the human rights of, or involve significant
issues of discrimination against, persons who are not parties to them;
(c) whether, in the Attorney-General’s opinion, the proceedings have
significant implications for the administration of this Act, the Disability
Discrimination Act 1992, the Racial
Discrimination Act 1975 or the Sex Discrimination Act 1984;
(d) whether, in the Attorney-General’s opinion, there are special
circumstances such that it would be in the public interest for the Commission to
intervene.
This subsection does not, by implication, limit the matters to which the
Attorney-General may have regard.
(6) If the President is:
(a) a Justice of the High Court, or was such a Justice immediately before
becoming President; or
(b) a Judge of a court created by the Parliament, or was such a Judge
immediately before becoming President;
then, before the Commission seeks leave to intervene in proceedings as
mentioned in paragraph (1)(o), the Commission must give the
Attorney-General written notice of the Commission’s intention to seek
leave to intervene, together with a statement of why the Commission considers it
appropriate to intervene. The notice must be given at a time when there is still
a reasonable period before the Commission seeks leave to intervene.
27 Section 17
Repeal the section.
28 At the end of subsection
19(1)
Add “or any other law”.
29 After subsection 19(1)
Insert:
(1A) The President may, by writing signed by the President, delegate to a
Complaints Commissioner:
(a) the performance of the Commission’s functions:
(i) in relation to an act or practice that is alleged to be inconsistent
with or contrary to any human right if a complaint is made under paragraph
20(1)(b); or
(ii) under paragraph 31(1)(b) in relation to an act or practice that may
constitute discrimination; and
(b) the preparation of a notice to be served, or a report to be given,
under section 29 or 35.
30 At the end of subsection
19(2)
Add “or any other law”.
31 Subsections 19(2A) and (2B)
Repeal the subsections, substitute:
(2A) Subsection (2) does not allow the President to delegate to
another member of the Commission:
(a) any of the President’s powers under Part IIB or IIC;
or
(b) any of the President’s powers relating to functions of the
Commission under paragraphs 11(1)(f) and 11(1)(p) that are to be performed by
the President because of subsection 8(6); or
(c) any of the President’s powers relating to functions of the
Commission under paragraphs 31(1)(b) and 31(1)(k) that are to be performed by
the President because of subsection 8(6).
32 Subsection 19(6)
Repeal the subsection, substitute:
(6) Subject to any provision in the instrument of delegation, a Complaints
Commissioner to whom a power has been delegated under subsection (1A) may,
for the purposes of the exercise of that power, exercise any power conferred on
a member of the Commission by this Act.
33 Subsection 24(1A)
Omit “Aboriginal and Torres Strait Islander Social Justice
Commissioner”, substitute “Commission”.
34 Subsection 24(1A)
After “Part IIA”, insert “(relating to Aboriginal
persons and Torres Strait Islanders)”.
35 Paragraph 29(2)(c)
Repeal the paragraph, substitute:
(c) may include in the notice any recommendation by the Commission that
action (other than the payment of compensation or damages to any person) be
taken to remedy or reduce loss or damage suffered by a person as a result of the
act or practice; and
36 Before paragraph 31(a)
Insert:
(aa) to promote an understanding and acceptance, and the public
discussion, of equality of opportunity and treatment in employment and
occupation in Australia and of the responsibility of persons and organisations
to respect that equality;
(ab) to disseminate information on equality of opportunity and treatment
in employment and occupation and on the responsibility of persons and
organisations to respect that equality;
(ac) to undertake research and educational programs and other programs, on
behalf of the Commonwealth, for the purpose of promoting that equality, and to
co-ordinate any such programs undertaken by any other persons or authorities on
behalf of the Commonwealth;
(ad) to prepare, and to publish in the manner the Commission considers
appropriate, guidelines for avoiding acts or practices of a kind in respect of
which the Commission has a function under paragraph (b);
37 Paragraphs 31(c), (d) and
(h)
Repeal the paragraphs.
38 Paragraph 31(j)
After “issues”, insert “, subject to subsections (2)
and (3)”.
39 At the end of
section 31
Add:
(2) Except in a case to which subsection (3) applies, the Commission
may only intervene in proceedings as mentioned in paragraph (1)(j) if the
Attorney-General approves the intervention. In deciding whether to approve the
intervention, the Attorney-General may (but need not) have regard to the
following matters:
(a) whether the Commonwealth, or a person on behalf of the Commonwealth,
has already intervened in the proceedings;
(b) whether, in the Attorney-General’s opinion, the proceedings may
affect to a significant extent the human rights of, or involve significant
issues of discrimination against, persons who are not parties to them;
(c) whether, in the Attorney-General’s opinion, the proceedings have
significant implications for the administration of this Act, the Disability
Discrimination Act 1992, the Racial Discrimination Act 1975 or the
Sex Discrimination Act 1984;
(d) whether, in the Attorney-General’s opinion, there are special
circumstances such that it would be in the public interest for the Commission to
intervene.
This subsection does not, by implication, limit the matters to which the
Attorney-General may have regard.
(3) If the President is:
(a) a Justice of the High Court, or was such a Justice immediately before
becoming President; or
(b) a Judge of a court created by the Parliament, or was such a Judge
immediately before becoming President;
then, before the Commission seeks leave to intervene in proceedings as
mentioned in paragraph (1)(j), the Commission must give the
Attorney-General written notice of the Commission’s intention to seek
leave to intervene, together with a statement of why the Commission considers it
appropriate to intervene. The notice must be given at a time when there is still
a reasonable period before the Commission seeks leave to intervene.
40 Subsection 32(1)
Omit “31(b)”, substitute “31(1)(b)”.
41 Section 33
Omit “section 31”, substitute “subsection
31(1)”.
42 Paragraph 35(2)(c)
Repeal the paragraph, substitute:
(c) may include in the notice any recommendation by the Commission that
action (other than the payment of compensation or damages to any person) be
taken to remedy or reduce loss or damage suffered by a person as a result of the
act or practice;
43 Subsection 36(3)
Before “Human Rights Commissioner” (wherever occurring), insert
“a”.
44 Paragraph 36(3)(b)
Omit “when the”, substitute “when”.
45 Subsection 36(9)
Before “Human Rights Commissioner” (wherever occurring), insert
“a”.
Note: The heading to section 36 is altered by omitting
“Commissioner” and substituting
“Commissioners”.
46 Subsection 37(1)
Omit “Subject to subsection (2), an appointed”, substitute
“A”.
47 Subsection 37(4)
Omit “An appointed” (wherever occurring), substitute
“A”.
48 Subsection 38(1)
Omit “an appointed” (wherever occurring), substitute
“a”.
49 Subsection 38(2)
Omit “An appointed” (wherever occurring), substitute
“A”.
50 Section 40
Omit “An appointed” (wherever occurring), substitute
“A”.
51 Subsection 41(3)
Omit “means an appointed member but”.
52 Subsection 41(4)
Omit “an appointed” (wherever occurring), substitute
“a”.
53 After section 42
Insert:
(1) The Attorney-General may appoint a legally qualified person or persons
as a Complaints Commissioner or as Complaints Commissioners.
(2) A person appointed under subsection (1):
(a) holds office on a part-time basis; and
(b) holds office for the period specified in the person’s instrument
of appointment, not being a period of more than 5 years; and
(c) is eligible for re-appointment; and
(d) may resign the appointment by writing signed by the person and given
to the Attorney-General.
(3) The Attorney-General may:
(a) determine the terms and conditions of appointment, including
remuneration, of a person appointed under subsection (1); and
(b) at any time terminate the appointment.
(4) The Attorney-General may, for the purpose of appointing under
subsection (1) a person who is a judicial officer of a State, enter into an
arrangement with the appropriate Minister of the State as is necessary to secure
the person’s services.
(5) An arrangement under subsection (4) may provide for the
Commonwealth to reimburse a State for the services of the person to whom the
arrangement relates.
(6) The appointment under subsection (1) of the holder of a
Commonwealth office, or service by the holder of a Commonwealth office under an
appointment, does not affect:
(a) the person’s tenure of the Commonwealth office; or
(b) the person’s rank, title, status, precedence, salary, annual
leave or other allowances or other rights or privileges as the holder of that
office;
and, for all purposes, the person’s service under the appointment is
taken to be service as the holder of the office.
(7) In this section:
Commonwealth office means:
(a) an office or Judge of a court created by the Parliament; or
(b) an office the holder of which has, because of holding that office, the
same status as a Judge of a court created by the Parliament.
legally qualified person means a person who:
(a) is or has been a Judge of a court created by the Parliament or of a
court of a State or a person who has the same designation and status as a Judge
of a court created by the Parliament; or
(b) is enrolled as a Barrister or Solicitor, as a Barrister and Solicitor,
or as a legal practitioner of the High Court, or of another Federal Court or of
the Supreme Court of a State or Territory.
54 Part IIA (heading)
Repeal the heading, substitute:
55 Division 1 of Part IIA
(heading)
Repeal the heading.
56 Section 46A (definition of
Commissioner)
Repeal the definition.
57 Section 46B
Repeal the section.
58 At the end of subsection
46C(1)
Add:
Note: Functions are also conferred on the Commission under
section 209 of the Native Title Act 1993.
59 Subsection 46C(2)
Repeal the subsection.
Note: The heading to section 46C is replaced by the
heading “Functions relating to Aboriginal persons and Torres Strait
Islanders”.
60 Subsection 46C(3)
Omit “Commissioner” (first occurring), substitute
“Commission”.
61 Paragraph 46C(3)(d)
Omit “Commissioner”, substitute “first-mentioned
Commission”.
62 Subsection 46C(4)
Omit “Commissioner” (wherever occurring), substitute
“Commission”.
63 Division 2 of
Part IIA
Repeal the Division.
64 Division 3 of Part IIA
(heading)
Repeal the heading.
65 Section 46K
Omit “Commissioner” (wherever occurring), substitute
“Commission”.
Note: The heading to section 46K is altered by omitting
“Commissioner” and substituting
“Commission”.
66 Section 46L
Repeal the section.
Note: The heading to section 46M is altered by omitting
“Commissioner” and substituting
“Commission”.
67 Paragraph 46PE(1)(c)
Before “Commissioner”, insert “Human
Rights”.
Note: The heading to section 46PE is altered by
inserting “Human Rights” before
“Commissioner”.
68 At the end of subsection
46PF(1)
Add:
Note: The President may request a Complaints Commissioner to
inquire into a complaint—see section 46PNA.
69 After section 46PN
Insert:
A Complaints Commissioner must, at the request of the
President:
(a) inquire into a complaint that is referred to the President under
section 46PD; and
(b) attempt to conciliate the complaint;
and, for that purpose, this Part operates as if the Commissioner were the
President.
70 Subsection 46PV(1)
Omit “special-purpose Commissioner” (wherever occurring),
substitute “Human Rights Commissioner”.
Note: The heading to section 46PV is altered by
omitting “Commission members” and substituting
“Human Rights Commissioners”.
71 Paragraph 46PV(1)(b)
Repeal the paragraph, substitute:
(b) proceedings that, in the Human Rights Commissioner’s opinion,
have significant implications for the administration of any of the following
Acts:
(i) this Act;
(ii) the Disability Discrimination Act 1992;
(iii) the Racial Discrimination Act 1975;
(iv) the Sex Discrimination Act 1984;
72 Subsection 46PV(3)
Repeal the subsection, substitute:
(3) Before exercising the function, the Human Rights Commissioner must
consult with the other Human Rights Commissioners about the exercise of the
function.
73 Subsection 48(1)
Omit “on behalf of the Commission”, substitute “for or on
behalf of the Commission or a member”.
74 At the end of subsection
48(1)
Add “or a member”.
75 Subsection 48(3)
After “a person acting”, insert “for or”.
76 Subsections 49(1), (2) and
(4A)
Before “on behalf of” (wherever occurring), insert “for
or”.
77 Subsection 49(1)
After “this Act” (first occurring), insert “(or any other
law that confers a power on the Commission)”.
78 At the end of paragraph
49(1)(c)
Add “(or any other law that confers a power on the
Commission)”.
79 At the end of subsection
49(2)
Add “(or any other law that confers a power on the
Commission)”.
Part 2—Disability
Discrimination Act 1992
80 Subsection 4(1) (definition of
Commission)
Repeal the definition, substitute:
Commission means the Australian Human Rights Commission
established by the Australian Human Rights Commission Act 1986.
81 Subsection 4(1) (definition of
Commissioner)
Repeal the definition.
82 Subsection 4(1) (definition of
Convention)
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
83 Subsection 4(1) (definition of Covenant on
Civil and Political Rights)
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
84 Subsection 4(1) (definition of
enactment)
Omit “Human Rights and Equal Opportunity” (wherever
occurring), substitute “Australian Human Rights”.
85 Subsection 4(1)
Insert:
Human Rights Commissioner means a member of the Commission
appointed under section 8B of the Australian Human Rights Commission Act
1986.
86 Subsection 4(1) (definition of proposed
enactment)
Omit “Human Rights and Equal Opportunity” (wherever
occurring), substitute “Australian Human Rights”.
87 Subsections 13(4) and 42(2)
Omit “Human Rights and Equal Opportunity” (wherever
occurring), substitute “Australian Human Rights”.
88 Part 4 (heading)
Repeal the heading, substitute:
89 Before paragraph 67(1)(c)
Insert:
(a) to promote an understanding and acceptance of, and compliance with,
this Act;
(b) to disseminate information on discrimination on the ground of
disability and on the responsibility of persons and organisations to avoid such
discrimination;
(ba) to undertake research and educational programs, and other programs,
on behalf of the Commonwealth for the purpose of promoting the objects of this
Act;
(bb) to prepare, and to publish in the manner the Commission considers
appropriate, guidelines for avoiding discrimination on the ground of
disability;
90 Paragraphs 67(1)(g), (h) and
(k)
Repeal the paragraphs.
91 Paragraph 67(1)(l)
After “disability”, insert “, subject to
subsections (3) and (4)”.
Note: The heading to section 67 is replaced by the
heading “Functions of the Commission”.
92 Subsection 67(1) (note)
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
93 At the end of
section 67
Add:
(3) Except in a case to which subsection (4) applies, the Commission
may only intervene in proceedings as mentioned in paragraph (1)(l) if the
Attorney-General approves the intervention. In deciding whether to approve the
intervention, the Attorney-General may (but need not) have regard to the
following matters:
(a) whether the Commonwealth, or a person on behalf of the Commonwealth,
has already intervened in the proceedings;
(b) whether, in the Attorney-General’s opinion, the proceedings may
affect to a significant extent the human rights of persons who are not parties
to them;
(c) whether, in the Attorney-General’s opinion, the proceedings have
significant implications for the administration of this Act, the
Australian Human Rights Commission Act 1986, the Racial Discrimination
Act 1975 or the Sex Discrimination Act 1984;
(d) whether, in the Attorney-General’s opinion, there are special
circumstances such that it would be in the public interest for the Commission to
intervene.
This subsection does not, by implication, limit the matters to which the
Attorney-General may have regard.
(4) If the President is:
(a) a Justice of the High Court, or was such a Justice immediately before
becoming President; or
(b) a Judge of a court created by the Parliament, or was such a Judge
immediately before becoming President;
then, before the Commission seeks leave to intervene in proceedings as
mentioned in paragraph (1)(l), the Commission must give the
Attorney-General written notice of the Commission’s intention to seek
leave to intervene, together with a statement of why the Commission considers it
appropriate to intervene. The notice must be given at a time when there is still
a reasonable period before the Commission seeks leave to intervene.
94 Part 6
Repeal the Part.
95 Sections 121, 126, 127 and
129
Repeal the sections.
96 Preamble
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
97 Paragraph 36(4)(a)
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
98 Subsection 50(1) (definition of Human Rights
and Equal Opportunity Commission)
Repeal the definition.
99 Subsection 50(1)
Insert:
Australian Human Rights Commission includes a
person performing functions of that Commission.
100 Subsection 50(2)
Omit “Human Rights and Equal Opportunity” (wherever occurring),
substitute “Australian Human Rights”.
101 Subparagraphs 50(2)(a)(i) and
(3)(a)(i)
Omit “Human Rights and Equal Opportunity” (wherever
occurring), substitute “Australian Human Rights”.
102 Subparagraph 50(3)(a)(i)
Omit “Human Rights and Equal Opportunity” (wherever occurring),
substitute “Australian Human Rights”.
Part 4—Racial
Discrimination Act 1975
103 Subsection 3(1) (definition of
Chairman)
Repeal the definition.
104 Subsection 3(1) (definition of
Commission)
Repeal the definition, substitute:
Commission means the Australian Human Rights Commission
established by the Australian Human Rights Commission Act 1986.
105 Subsection 3(1) (definition of
Commissioner)
Repeal the definition.
106 Subsection 3(1) (definition of conciliation
committee)
Repeal the definition.
107 Subsection 3(1) (definition of
Council)
Repeal the definition.
108 Subsection 3(1) (definition of Deputy
Chairman)
Repeal the definition.
109 Subsection 3(1)
Insert:
Human Rights Commissioner means a member of the Commission
appointed under section 8B of the Australian Human Rights Commission Act
1986.
110 Subsection 3(1) (definition of
member)
Repeal the definition.
111 Subsection 6A(2)
Omit “Human Rights and Equal Opportunity” (wherever
occurring), substitute “Australian Human Rights”.
112 Subsection 18C(1) (note)
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
113 Subsection 18C(1) (note)
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
114 Part III (heading)
Repeal the heading, substitute:
115 Section 19
Repeal the section.
116 Paragraph 20(1)(b)
Re-letter as paragraph (a).
117 Before paragraph 20(1)(c)
Insert:
(b) to disseminate information on racial discrimination and on the
responsibility of persons and organisations to avoid such
discrimination;
118 Paragraph 20(1)(e)
After “issues”, insert “, subject to subsections (2)
and (3)”.
119 Paragraph 20(1)(f)
Omit “or the Commissioner”.
120 Section 20 (note)
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
121 At the end of
section 20
Add:
(2) Except in a case to which subsection (3) applies, the Commission
may only intervene in proceedings as mentioned in paragraph (1)(e) if the
Attorney-General approves the intervention. In deciding whether to approve the
intervention, the Attorney-General may (but need not) have regard to the
following matters:
(a) whether the Commonwealth, or a person on behalf of the Commonwealth,
has already intervened in the proceedings;
(b) whether, in the Attorney-General’s opinion, the proceedings may
affect to a significant extent the human rights of persons who are not parties
to them;
(c) whether, in the Attorney-General’s opinion, the proceedings have
significant implications for the administration of this Act, the Australian
Human Rights Commission Act 1986, the Disability Discrimination Act
1992 or the Sex Discrimination Act 1984;
(d) whether, in the Attorney-General’s opinion, there are special
circumstances such that it would be in the public interest for the Commission to
intervene.
This subsection does not, by implication, limit the matters to which the
Attorney-General may have regard.
(3) If the President is:
(a) a Justice of the High Court, or was such a Justice immediately before
becoming President; or
(b) a Judge of a court created by the Parliament, or was such a Judge
immediately before becoming President;
then, before the Commission seeks leave to intervene in proceedings as
mentioned in paragraph (1)(e), the Commission must give the
Attorney-General written notice of the Commission’s intention to seek
leave to intervene, together with a statement of why the Commission considers it
appropriate to intervene. The notice must be given at a time when there is still
a reasonable period before the Commission seeks leave to intervene.
122 Paragraphs 27(2)(e), (f) and
(g)
Omit “Human Rights and Equal Opportunity” (wherever
occurring), substitute “Australian Human Rights”.
123 Section 27F
Repeal the section.
124 Parts V and VI
Repeal the Parts.
125 Sections 45 and 45A
Repeal the sections.
126 Section 47
Omit “and prescribing fees and allowances payable to members of
conciliation committees”.
Part 5—Sex
Discrimination Act 1984
127 Subsection 4(1) (definition of
Commission)
Repeal the definition, substitute:
Commission means the Australian Human Rights Commission
established by the Australian Human Rights Commission Act 1986.
128 Subsection 4(1) (definition of
Commissioner)
Repeal the definition.
129 Subsection 4(1) (definition of
enactment)
Omit “Human Rights and Equal Opportunity”,
substitute “Australian Human Rights”.
130 Subsection 4(1)
Insert:
Human Rights Commissioner means a member of the Commission
appointed under section 8B of the Australian Human Rights Commission Act
1986.
131 Subsection 4(1) (definition of proposed
enactment)
Omit “Human Rights and Equal Opportunity”,
substitute “Australian Human Rights”.
132 Subsections 10(4) and 11(4)
Omit “Human Rights and Equal Opportunity” (wherever
occurring), substitute “Australian Human Rights”.
133 Part III (heading)
Repeal the heading, substitute:
134 Before paragraph 48(1)(c)
Insert:
(a) to promote an understanding and acceptance of, and compliance with,
this Act;
(b) to disseminate information on discrimination on the ground of sex,
marital status, pregnancy or potential pregnancy and discrimination involving
sexual harassment, and on the responsibility of persons and organisations to
avoid such discrimination;
(ba) to undertake research and educational programs, and other programs,
on behalf of the Commonwealth for the purpose of promoting the objects of this
Act;
(bb) to prepare, and to publish in the manner the Commission considers
appropriate, guidelines for avoiding discrimination on the ground of sex,
marital status, pregnancy or potential pregnancy and discrimination involving
sexual harassment;
135 Paragraphs 48(1)(d), (e) and
(ga)
Repeal the paragraphs.
136 At the end of paragraph
48(1)(gb)
Add “, subject to subsections (3) and (4)”.
137 Subsection 48(1) (note)
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
Note: The heading to section 48 is altered by omitting
“Human Rights and Equal Opportunity” and substituting
“Australian Human Rights”.
138 At the end of
section 48
Add:
(3) Except in a case to which subsection (4) applies, the Commission
may only intervene in proceedings as mentioned in paragraph (1)(gb) if the
Attorney-General approves the intervention. In deciding whether to approve the
intervention, the Attorney-General may (but need not) have regard to the
following matters:
(a) whether the Commonwealth, or a person on behalf of the Commonwealth,
has already intervened in the proceedings;
(b) whether, in the Attorney-General’s opinion, the proceedings may
affect to a significant extent the human rights of persons who are not parties
to them;
(c) whether, in the Attorney-General’s opinion, the proceedings have
significant implications for the administration of this Act, the Australian
Human Rights Commission Act 1986, the Disability Discrimination Act
1992 or the Racial Discrimination Act 1975;
(d) whether, in the Attorney-General’s opinion, there are special
circumstances such that it would be in the public interest for the Commission to
intervene.
This subsection does not, by implication, limit the matters to which the
Attorney-General may have regard.
(4) If the President is:
(a) a Justice of the High Court, or was such a Justice immediately before
becoming President; or
(b) a Judge of a court created by the Parliament, or was such a Judge
immediately before becoming President;
then, before the Commission seeks leave to intervene in proceedings as
mentioned in paragraph (1)(gb), the Commission must give the
Attorney-General written notice of the Commission’s intention to seek
leave to intervene, together with a statement of why the Commission considers it
appropriate to intervene. The notice must be given at a time when there is still
a reasonable period before the Commission seeks leave to intervene.
139 Subsection 92(1)
Omit “Human Rights and Equal Opportunity” (wherever
occurring), substitute “Australian Human Rights”.
140 Paragraph 92(2)(b)
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
141 Subsection 94(2)
Omit “Human Rights and Equal Opportunity” (wherever
occurring), substitute “Australian Human Rights”.
142 Part V
Repeal the Part.
143 Sections 104, 111, 112 and
114
Repeal the sections.
Part 6—Application
and transitional
144 Continuity of Commission and President not
affected
(1) To avoid doubt:
(a) the continuity of the Commission’s existence; and
(b) the continuity of the President’s appointment; and
(c) the continuity of any appointment of a Human Rights Commissioner that
was in force immediately before this item commenced;
are not affected by the change to the Commission’s name, or any other
amendment, made by this Act.
(2) In subitem (1), Commission, Human Rights
Commissioner and President have the same meanings as in
the Human Rights and Equal Opportunity Commission Act 1986 as in force
immediately before the commencement of this item.
145 Re-appointment of President as a full-time
member
(1) If:
(a) the person who was the President immediately before the commencement
of this item ceases to be appointed as a part-time member of the Commission;
and
(b) is re-appointed as a full-time member;
the person is taken to have accrued an entitlement to benefits, in
connection with the re-appointment, that is equivalent to the entitlement that
the person had accrued as a part-time member immediately before the
cessation.
(2) In subitem (1), Commission and
President have the same meanings as in the Human Rights and
Equal Opportunity Commission Act 1986 as in force immediately before the
commencement of this item.
146 Commissioners become Human Rights
Commissioners
(1) This item applies if, immediately before it commences, no more than 3
persons hold office as a Commissioner mentioned in paragraph 8(1)(b), (c), (ca),
(d) or (f) of the Human Rights and Equal Opportunity Commission Act 1986
(as in force at that time).
(2) When this item commences (the transition time), each of
those persons becomes a Human Rights Commissioner of the Commission by force of
this item.
(3) Each of those persons holds office as a Human Rights Commissioner for
the period equivalent to the person’s remaining period of appointment as a
Commissioner at the transition time (but is eligible for
re-appointment).
(4) Each of those persons’ tenure as Human Rights Commissioner by
force of this item is taken for all purposes to have been continuous with the
person’s appointment as a Commissioner immediately before the transition
time.
(5) Each of those persons is taken to have accrued an entitlement to
benefits, as a Human Rights Commissioner, that is equivalent to the entitlement
that the person had accrued as a Commissioner immediately before the transition
time.
147 Pre-commencement delegations remain in
effect
(1) Although this Schedule repeals section 121 of the Disability
Discrimination Act 1992, section 40 of the Racial Discrimination Act
1975 and section 104 of the Sex Discrimination Act 1984, a
delegation under any of those sections that was in force immediately before the
repeal continues in force after the repeal as if the repeal had not
happened.
(2) However, subitem (1) does not apply to a delegation by or
to:
(a) the Human Rights Commissioner; or
(b) the Race Discrimination Commissioner; or
(c) the Aboriginal and Torres Strait Islander Social Justice Commissioner;
or
(d) the Sex Discrimination Commissioner; or
(e) the Disability Discrimination Commissioner.
(3) In subitem (2), Human Rights Commissioner has the
same meaning as in the Human Rights and Equal Opportunity Commission Act
1986 as in force immediately before the commencement of this item.
148 Repealed civil liability provisions continue to
apply in relation to pre-commencement acts etc.
Although this Schedule:
(a) amends section 48 of the Australian Human Rights Commission
Act 1986; and
(b) repeals section 126 of the Disability Discrimination Act
1992, section 45 of the Racial Discrimination Act 1975 and
section 111 of the Sex Discrimination Act 1984;
those sections continue to apply, in relation to acts or omissions that
happened before this item commenced, as if the amendment and repeals had not
happened.
149 Repealed non-disclosure provisions continue to
apply in relation to certain pre-commencement matters
Although this Schedule repeals section 127 of the Disability
Discrimination Act 1992, section 27F of the Racial Discrimination
Act 1975 and section 112 of the Sex Discrimination Act 1984,
those sections continue to apply, in relation to information a person acquired
before the repeal or documents a person had before the repeal, as if the repeal
had not happened.
Part 1—References
to the Human Rights and Equal Opportunity Commission Act
1986
1 Amendment of Acts
The specified provisions of the following Acts are amended by omitting
“Human Rights and Equal Opportunity” (wherever occurring) and
substituting “Australian Human Rights”.
2 Subsection 3(1) (definition of act of
torture)
3 The Dictionary in the Criminal Code
(definition of Covenant)
4 Subsection 58HA(1)
5 Section 58HB
Note: For another amendment of this Act, see Part 2 of
this Schedule.
6 Subsection 138(3) (note)
7 Preamble
Human Rights (Sexual
Conduct) Act 1994
8 Subsection 4(1) (note)
Inspector-General of
Intelligence and Security Act 1986
9 Subsection 3(1) (definition of
discrimination)
10 Subsection 3(1) (definition of human
rights)
Note: For another amendment of this Act, see Part 2 of
this Schedule.
11 Paragraph 193(3)(a)
Note: For another amendment of this Act, see Part 2 of
this Schedule.
Remuneration Tribunal Act
1973
12 Subsection 8B(1)
13 Section 8C
Note: For another amendment of this Act, see Part 2 of
this Schedule.
Supported Accommodation
Assistance Act 1994
14 Preamble
15 Subsection 4(1) (paragraph (c) of the
definition of Anti-Discrimination Conventions)
16 Paragraph 45(1)(ed)
17 Subsection 111A(1)
18 Section 113
19 Paragraph 170CK(1)(a)
Note: For other amendments of this Act, see Part 2 of
this Schedule.
20 Subsection 58HA(5)
Omit “The Sex Discrimination Commissioner”, substitute
“The Australian Human Rights Commission, or a member of
it,”.
Inspector-General of
Intelligence and Security Act 1986
21 Subparagraphs 8(1)(a)(v), (2)(a)(iv) and
(3)(b)(i)
Omit “Human Rights and Equal Opportunity” (wherever occurring),
substitute “Australian Human Rights”.
22 Paragraph 193(3)(a)
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
23 After the Preamble
Insert:
Note: The title of the Human Rights and Equal Opportunity
Commission Act 1986 has changed to the Australian Human Rights Commission
Act 1986.
24 Subsection 209(1)
Omit “Aboriginal and Torres Strait Islander Social Justice
Commissioner (appointed under the Human Rights and Equal Opportunity
Commission Act 1986)”, substitute “Australian Human Rights
Commission (established by the Australian Human Rights Commission Act
1986)”.
Note: The heading to section 209 is replaced by the
heading “Reports by Australian Human Rights
Commission”.
25 Subsection 209(2)
Omit “Commissioner”, substitute
“Commission”.
26 At the end of
section 209
Add:
Commonwealth Minister must table reports
(3) The Commonwealth Minister must cause a copy of each report the
Minister receives under subsection (1) or (2) to be laid before each House
of the Parliament within 15 sitting days of the House after the Minister
receives the report.
Remuneration and Allowances
Act 1990
27 Part 3 of Schedule 2 (table item
relating to the Human Rights Commissioner)
Repeal the item.
Remuneration Tribunal Act
1973
28 Subsection 8B(5)
Omit “The Sex Discrimination Commissioner”, substitute
“The Australian Human Rights Commission, or a member of
it,”.
29 Paragraph 111A(2)(b)
Omit “Sex Discrimination Commissioner”, substitute
“Australian Human Rights Commission”.
30 Paragraph 170BD(b)
Omit “Sex Discrimination Commissioner”, substitute
“Australian Human Rights Commission”.