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Human Rights Legislation Amendment Act 1995

  • - C2004A04912
  • No longer in force
Act No. 59 of 1995 as made
An Act to amend the law relating to human rights, and for related purposes
Date of Assent 28 Jun 1995
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

HUMAN RIGHTS LEGISLATION AMENDMENT ACT 1995 No. 59, 1995

Making Information
- Assented to 28 June 1995

HUMAN RIGHTS LEGISLATION AMENDMENT ACT 1995 No. 59 of 1995 - LONG TITLE

An Act to amend the law relating to human rights,
and for related purposes

HUMAN RIGHTS LEGISLATION AMENDMENT ACT 1995 No. 59 of 1995 - SECT 1
Short title

1. This Act may be cited as the Human Rights Legislation Amendment Act 1995.


(Minister's second reading speech made in-
Senate on 7 December 1994
House of Representatives on 21 June 1995)

HUMAN RIGHTS LEGISLATION AMENDMENT ACT 1995 No. 59 of 1995 - SECT 2
Commencement

2.(1) This Act, other than the amendment made by item 25 of the Schedule, commences on the day on which it receives the Royal Assent.


(2) The amendment made by item 25 of the Schedule is taken to have commenced on 30 October 1992.

HUMAN RIGHTS LEGISLATION AMENDMENT ACT 1995 No. 59 of 1995 - SECT 3
Amendment of Acts

3. The Acts specified in the Schedule are amended as set out in the Schedule.

HUMAN RIGHTS LEGISLATION AMENDMENT ACT 1995 No. 59 of 1995 - SECT 4
Transitional provision-validity of current appointments not affected

4. Nothing in the amendments made by this Act affects the validity or continued effectiveness of an appointment, made before the day on which this Act receives the Royal Assent, of a person as:
(a) the President of the Human Rights and Equal Opportunity Commission; or
(b) the Human Rights Commissioner, the Race Discrimination Commissioner, the Sex Discrimination Commissioner, the Privacy Commissioner or the Disability Discrimination Commissioner.

HUMAN RIGHTS LEGISLATION AMENDMENT ACT 1995 No. 59 of 1995 - SECT 5
Transitional provision-powers of a Secretary in relation to staff of
Human Rights and Equal Opportunity Commission

5.(1) In this section:
"Commission" means the Human Rights and Equal Opportunity Commission;
"Commissioner" means the Human Rights Commissioner.


(2) A thing done by the Commissioner before the commencement of this section in the exercise of powers referred to in subsection 43(2) of the Human Rights and Equal Opportunity Commission Act 1986 has effect, for the purpose of the exercise by the Commission after that commencement of powers referred to in that subsection, as if it were done by the Commission.

HUMAN RIGHTS LEGISLATION AMENDMENT ACT 1995 No. 59 of 1995 - SCHEDULE 1

SCHEDULE Section 3
AMENDMENTS OF ACTS
PART 1-AMENDMENTS OF THE DISABILITY DISCRIMINATION ACT 1992, THE
PRIVACY ACT 1988, THE RACIAL DISCRIMINATION ACT 1975 AND THE SEX
DISCRIMINATION ACT 1984 RELATING TO ENFORCEMENT OF DETERMINATIONS
Disability Discrimination Act 1992
1. Sections 104A, 104B and 104C:
Repeal the sections.
2. Section 106:
Repeal the section, substitute:
"Division 3A-Enforcement of determinations involving respondents
other than Commonwealth agencies
"Subdivision A-Determinations made after commencement of Division
Proceedings in the Federal Court to enforce a determination
"105A.(1) The Commission, the complainant, or a person acting on
behalf of the complainant, may commence proceedings in the Federal
Court for an order to enforce a determination made under subsection
102(1) or 103(1) after the commencement of this Division, except where
the respondent to the determination is a Commonwealth agency or the
principal executive of a Commonwealth agency.
"(2) If the Court is satisfied that the respondent has engaged in
conduct or committed an act that is unlawful under this Act, the Court
may make such orders (including a declaration of right) as it thinks
fit.
"(3) The Court may, if it thinks fit, grant an interim injunction
pending the determination of the proceedings.
"(4) The Court is not to require a person, as a condition of granting
an interim injunction, to give an undertaking as to damages.
"(5) In the proceedings, the question whether the respondent has
engaged in conduct or committed an act that is unlawful under this Act
is to be dealt with by the Court by way of a hearing de novo, but the
Court may receive as evidence any of the following:
(a) a copy of the Commission's written reasons for the determination;
(b) a copy of any document that was before the Commission;
(c) a copy of the record (including any tape recording) of the

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Commission's inquiry into the complaint.
"(6) In this section:
'complainant', in relation to a representative complaint, means any
of the class members.
Assistance in proceedings before the Federal Court
"105B.(1) A person who:
(a) has commenced or proposes to commence proceedings in the Federal
Court under section 105A; or
(b) has done or is alleged to have done an act in respect of which
proceedings have been commenced in the Federal Court under section
105A;
may apply to the Attorney-General for the provision of assistance under
this section in respect of the proceedings.
"(2) If:
(a) an application is made by a person under subsection (1); and
(b) the Attorney-General is satisfied that:
(i) it will involve hardship to that person to refuse the
application; and
(ii) in all the circumstances, it is reasonable to grant the
application;
the Attorney-General may authorise the provision by the Commonwealth to
that person, on such conditions (if any) as the Attorney-General
determines, of such legal or financial assistance in respect of the
proceedings as the Attorney-General determines.
"Subdivision B-Determinations made from 1 March 1993 to commencement
of Division
Interpretation
"105C. In this Subdivision:
'recovery proceedings', in relation to a Subdivision B determination,
means proceedings before any court in which the respondent to the
determination is seeking to recover an amount, or is seeking some other
remedy, in respect of money paid, or conduct engaged in or not engaged
in, by the respondent pursuant to the determination;
'Subdivision B determination' means a determination made under
subsection 102(1) or 103(1) during the period starting on 1 March 1993
and ending on the commencement of this Division, except where the
respondent to the determination is a Commonwealth agency or the
principal executive of a Commonwealth agency.
Proceedings in the Federal Court in relation to a Subdivision B
determination
"105D.(1) A person referred to in subsection (2) may commence
proceedings in the Federal Court for an order under this section in
relation to a Subdivision B determination.
"(2) The following persons may commence proceedings under subsection
(1):
(a) the Commission;
(b) the complainant;
(c) a person acting on behalf of the complainant;
(d) the respondent to the determination.
"(3) The Court must consider whether the respondent to the
determination has engaged in conduct or committed an act that is
unlawful under this Act, and may, subject to subsection (4), make such
orders (including a declaration of right) as it thinks fit.
"(4) In deciding what orders to make under subsection (3), the Court
must take into account:
(a) any money paid, or conduct engaged in or not engaged in, by the
respondent to the determination pursuant to the determination; and
(b) the outcome of any recovery proceedings in relation to the
determination.
"(5) The Court may, if it thinks fit, grant an interim injunction
pending the determination of the proceedings.
"(6) The Court is not to require a person, as a condition of granting
an interim injunction, to give an undertaking as to damages.
"(7) In the proceedings, the question whether the respondent has
engaged in conduct or committed an act that is unlawful under this Act
is to be dealt with by the Court by way of a hearing de novo, but the
Court may receive as evidence any of the following:
(a) a copy of the Commission's written reasons for the determination;
(b) a copy of any document that was before the Commission;
(c) a copy of the record (including any tape recording) of the
Commission's inquiry into the complaint.
"(8) In this section:
'complainant', in relation to a representative complaint, means any
of the class members.
Federal Court may vary order made under section 105D if a court
determines recovery proceedings
"105E.(1) If:
(a) the Federal Court makes an order under subsection 105D(3) in
relation to a Subdivision B determination; and
(b) after the Federal Court makes the order, a court makes an order

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determining recovery proceedings in relation to the determination;
the person against whom the recovery proceedings were commenced may
apply to the Federal Court for a variation of the order it made under
subsection 105D(3).
"(2) The Court may vary the order it made if it thinks it appropriate
to do so having regard to its reasons for making that order and to the
order made in the recovery proceedings.
Assistance in proceedings before the Federal Court
"105F.(1) A person who is a party to proceedings in the Federal Court
under this Subdivision, or who proposes to commence such proceedings,
may apply to the Attorney-General for the provision of assistance under
this section in respect of the proceedings.
"(2) If:
(a) an application is made by a person under subsection (1); and
(b) the Attorney-General is satisfied that, in all the circumstances,
it is reasonable to grant the application;
the Attorney-General may authorise the provision by the Commonwealth to
that person, on such conditions (if any) as the Attorney-General
determines, of such legal or financial assistance in respect of the
proceedings as the Attorney-General determines.
Subdivision does not create right for respondent to determination to
commence proceedings
"106. This Subdivision (except section 105D) does not create, and is
not to be taken to create, any right of action in favour of the
respondent to a Subdivision B determination.".


Privacy Act 1988
3. Division 3 of Part V:
Repeal the Division, substitute:
"Division 3-Enforcement of determinations involving respondents other
than Commonwealth agencies
Application of Division
"54.(1) This Division applies to a determination made under section
52 after the commencement of this Division, except where the respondent
to the determination is an agency or the principal executive of an
agency.
"(2) In this section:
'agency' does not include an eligible case manager.
Proceedings in the Federal Court to enforce a determination
"55.(1) The Commissioner or the complainant may commence proceedings
in the Federal Court for an order to enforce a determination to which
this Division applies.
"(2) If the Court is satisfied that the respondent has engaged in
conduct that constitutes an interference with the privacy of the
complainant, the Court may make such orders (including a declaration of
right) as it thinks fit.
"(3) The Court may, if it thinks fit, grant an interim injunction
pending the determination of the proceedings.
"(4) The Court is not to require a person, as a condition of granting
an interim injunction, to give an undertaking as to damages.
"(5) In the proceedings, the question whether the respondent has
engaged in conduct that constitutes an interference with the privacy of
the complainant is to be dealt with by the Court by way of a hearing de
novo, but the Court may receive as evidence any of the following:
(a) a copy of the Commissioner's written reasons for the
determination;
(b) a copy of any document that was before the Commissioner;
(c) a copy of a record (including any tape recording) of any
appearance before the Commissioner (including any oral submissions
made) pursuant to subsection 43(5).
"(6) In this section:
'complainant', in relation to a representative complaint, means any
of the class members.".
4. Subsection 63(2):
Omit the subsection, substitute:
"(2) A person who:
(a) has commenced or proposes to commence proceedings in the Federal
Court under section 55; or
(b) has engaged in conduct or is alleged to have engaged in conduct
in respect of which proceedings have been commenced in the Federal
Court under section 55;
may apply to the Attorney-General for the provision of assistance under
this section in respect of the proceedings.".


Racial Discrimination Act 1975
5. Sections 25ZAA, 25ZAB and 25ZAC:
Repeal the sections.
6. Section 25ZC:
Repeal the section, substitute:
"Division 3A-Enforcement of determinations involving respondents

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other than Commonwealth agencies
"Subdivision A-Determinations made after commencement of Division
Proceedings in the Federal Court to enforce a determination
"25ZC.(1) The Commission, the complainant, or a trade union acting on
behalf of the complainant, may commence proceedings in the Federal
Court for an order to enforce a determination made under subsection
25Y(1) or 25Z(1) after the commencement of this Division, except where
the respondent to the determination is a Commonwealth agency or the
principal executive of a Commonwealth agency.
"(2) If the Court is satisfied that the respondent has engaged in
conduct or committed an act that is unlawful under this Act, the Court
may make such orders (including a declaration of right) as it thinks
fit.
"(3) The Court may, if it thinks fit, grant an interim injunction
pending the determination of the proceedings.
"(4) The Court is not to require a person, as a condition of granting
an interim injunction, to give an undertaking as to damages.
"(5) In the proceedings, the question whether the respondent has
engaged in conduct or committed an act that is unlawful under this Act
is to be dealt with by the Court by way of a hearing de novo, but the
Court may receive as evidence any of the following:
(a) a copy of the Commission's written reasons for the determination;
(b) a copy of any document that was before the Commission;
(c) a copy of the record (including any tape recording) of the
Commission's inquiry into the complaint.
"(6) In this section:
'complainant':
(a) in relation to a representative complaint-means any of the class
members; and
(b) in relation to a complaint made by a trade union on behalf of a
person, not being a representative complaint-means the person on whose
behalf the complaint was made;
'trade union' has the same meaning as in section 22.
Assistance in proceedings before the Federal Court
"25ZCA.(1) A person who:
(a) has commenced or proposes to commence proceedings in the Federal
Court under section 25ZC; or
(b) has done or is alleged to have done an act in respect of which
proceedings have been commenced in the Federal Court under section
25ZC;
may apply to the Attorney-General for the provision of assistance under
this section in respect of the proceedings.
"(2) If:
(a) an application is made by a person under subsection (1); and
(b) the Attorney-General is satisfied that:
(i) it will involve hardship to that person to refuse the
application; and
(ii) in all the circumstances, it is reasonable to grant the
application;
the Attorney-General may authorise the provision by the Commonwealth to
that person, on such conditions (if any) as the Attorney-General
determines, of such legal or financial assistance in respect of the
proceedings as the Attorney-General determines.
"Subdivision B-Determinations made from 13 January 1993 to
commencement of Division
Interpretation
"25ZCB. In this Subdivision:
'recovery proceedings', in relation to a Subdivision B determination,
means proceedings before any court in which the respondent to the
determination is seeking to recover an amount, or is seeking some other
remedy, in respect of money paid, or conduct engaged in or not engaged
in, by the respondent pursuant to the determination;
'Subdivision B determination' means a determination made under
subsection 25Y(1) or 25Z(1) during the period starting on 13 January
1993 and ending on the commencement of this Division, other than a
determination made in that period pursuant to a representative
complaint lodged before 13 January 1993, except where the respondent to
the determination is a Commonwealth agency or the principal executive
of a Commonwealth agency.
Proceedings in the Federal Court in relation to a Subdivision B
determination
"25ZCC.(1) A person referred to in subsection (2) may commence
proceedings in the Federal Court for an order under this section in
relation to a Subdivision B determination.
"(2) The following persons may commence proceedings under subsection
(1):
(a) the Commission;
(b) the complainant;
(c) a trade union acting on behalf of the complainant;
(d) the respondent to the determination.

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"(3) The Court must consider whether the respondent to the
determination has engaged in conduct or committed an act that is
unlawful under this Act, and may, subject to subsection (4), make such
orders (including a declaration of right) as it thinks fit.
"(4) In deciding what orders to make under subsection (3), the Court
must take into account:
(a) any money paid, or conduct engaged in or not engaged in, by the
respondent to the determination pursuant to the determination; and
(b) the outcome of any recovery proceedings in relation to the
determination.
"(5) The Court may, if it thinks fit, grant an interim injunction
pending the determination of the proceedings.
"(6) The Court is not to require a person, as a condition of granting
an interim injunction, to give an undertaking as to damages.
"(7) In the proceedings, the question whether the respondent has
engaged in conduct or committed an act that is unlawful under this Act
is to be dealt with by the Court by way of a hearing de novo, but the
Court may receive as evidence any of the following:
(a) a copy of the Commission's written reasons for the determination;
(b) a copy of any document that was before the Commission;
(c) a copy of the record (including any tape recording) of the
Commission's inquiry into the complaint.
"(8) In this section:
'complainant':
(a) in relation to a representative complaint-means any of the class
members; and
(b) in relation to a complaint made by a trade union on behalf of a
person, not being a representative complaint-means the person on whose
behalf the complaint was made;
'trade union' has the same meaning as in section 22.
Federal Court may vary order made under section 25ZCC if a court
determines recovery proceedings
"25ZCD.(1) If:
(a) the Federal Court makes an order under subsection 25ZCC(3) in
relation to a Subdivision B determination; and
(b) after the Federal Court makes the order, a court makes an order
determining recovery proceedings in relation to the determination;
the person against whom the recovery proceedings were commenced may
apply to the Federal Court for a variation of the order it made under
subsection 25ZCC(3).
"(2) The Court may vary the order it made if it thinks it appropriate
to do so having regard to its reasons for making that order and to the
order made in the recovery proceedings.
Assistance in proceedings before the Federal Court
"25ZCE.(1) A person who is a party to proceedings in the Federal
Court under this Subdivision, or who proposes to commence such
proceedings, may apply to the Attorney-General for the provision of
assistance under this section in respect of the proceedings.
"(2) If:
(a) an application is made by a person under subsection (1); and
(b) the Attorney-General is satisfied that, in all the circumstances,
it is reasonable to grant the application;
the Attorney-General may authorise the provision by the Commonwealth to
that person, on such conditions (if any) as the Attorney-General
determines, of such legal or financial assistance in respect of the
proceedings as the Attorney-General determines.
Subdivision does not create right for respondent to determination to
commence proceedings
"25ZCF. This Subdivision (except section 25ZCC) does not create, and
is not to be taken to create, any right of action in favour of the
respondent to a Subdivision B determination.".


Sex Discrimination Act 1984
7. Sections 82A, 82B and 82C:
Repeal the sections.
8. Section 84:
Repeal the section, substitute:
"Division 3A-Enforcement of determinations involving respondents
other than Commonwealth agencies
"Subdivision A-Determinations made after commencement of Division
Proceedings in the Federal Court to enforce a determination
"83A.(1) The Commission, the complainant, or a trade union acting on
behalf of the complainant, may commence proceedings in the Federal
Court for an order to enforce a determination made under subsection
80(1) or 81(1) after the commencement of this Division, except where
the respondent to the determination is a Commonwealth agency or the
principal executive of a Commonwealth agency.
"(2) If the Court is satisfied that the respondent has engaged in
conduct or committed an act that is unlawful under this Act, the Court
may make such orders (including a declaration of right) as it thinks

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fit.
"(3) The Court may, if it thinks fit, grant an interim injunction
pending the determination of the proceedings.
"(4) The Court is not to require a person, as a condition of granting
an interim injunction, to give an undertaking as to damages.
"(5) In the proceedings, the question whether the respondent has
engaged in conduct or committed an act that is unlawful under this Act,
is to be dealt with by the Court by way of a hearing de novo, but the
Court may receive as evidence any of the following:
(a) a copy of the Commission's written reasons for the determination;
(b) a copy of any document that was before the Commission;
(c) a copy of the record (including any tape recording) of the
Commission's inquiry into the complaint.
"(6) In this section:
'complainant':
(a) in relation to a representative complaint-means any of the class
members; and
(b) in relation to a complaint made by a trade union on behalf of a
person, not being a representative complaint-means the person on whose
behalf the complaint was made;
'trade union' has the same meaning as in section 50.
Assistance in proceedings before the Federal Court
"83B.(1) A person who:
(a) has commenced or proposes to commence proceedings in the Federal
Court under section 83A; or
(b) has done or is alleged to have done an act in respect of which
proceedings have been commenced in the Federal Court under section 83A;
may apply to the Attorney-General for the provision of assistance under
this section in respect of the proceedings.
"(2) If:
(a) an application is made by a person under subsection (1); and
(b) the Attorney-General is satisfied that:
(i) it will involve hardship to that person to refuse the
application; and
(ii) in all the circumstances, it is reasonable to grant the
application;
the Attorney-General may authorise the provision by the Commonwealth to
that person, on such conditions (if any) as the Attorney-General
determines, of such legal or financial assistance in respect of the
proceedings as the Attorney-General determines.
"Subdivision B-Determinations made from 13 January 1993 to
commencement of Division
Interpretation
"83C. In this Subdivision:
'recovery proceedings', in relation to a Subdivision B determination,
means proceedings before any court in which the respondent to the
determination is seeking to recover an amount, or is seeking some other
remedy, in respect of money paid, or conduct engaged in or not engaged
in, by the respondent pursuant to the determination;
'Subdivision B determination' means a determination made under
subsection 80(1) or 81(1) during the period starting on 13 January 1993
and ending on the commencement of this Division, other than a
determination made in that period pursuant to a representative
complaint lodged before
13 January 1993, except where the respondent to the determination is a
Commonwealth agency or the principal executive of a Commonwealth
agency.
Proceedings in the Federal Court in relation to a Subdivision B
determination
"83D.(1) A person referred to in subsection (2) may commence
proceedings in the Federal Court for an order under this section in
relation to a Subdivision B determination.
"(2) The following persons may commence proceedings under subsection
(1):
(a) the Commission;
(b) the complainant;
(c) a trade union acting on behalf of the complainant;
(d) the respondent to the determination.
"(3) The Court must consider whether the respondent to the
determination has engaged in conduct or committed an act that is
unlawful under this Act, and may, subject to subsection (4), make such
orders (including a declaration of right) as it thinks fit.
"(4) In deciding what orders to make under subsection (3), the Court
must take into account:
(a) any money paid, or conduct engaged in or not engaged in, by the
respondent to the determination pursuant to the determination; and
(b) the outcome of any recovery proceedings in relation to the
determination.
"(5) The Court may, if it thinks fit, grant an interim injunction
pending the determination of the proceedings.

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"(6) The Court is not to require a person, as a condition of granting
an interim injunction, to give an undertaking as to damages.
"(7) In the proceedings, the question whether the respondent has
engaged in conduct or committed an act that is unlawful under this Act
is to be dealt with by the Court by way of a hearing de novo, but the
Court may receive as evidence any of the following:
(a) a copy of the Commission's written reasons for the determination;
(b) a copy of any document that was before the Commission;
(c) a copy of the record (including any tape recording) of the
Commission's inquiry into the complaint.
"(8) In this section:
'complainant':
(a) in relation to a representative complaint-means any of the class
members; and
(b) in relation to a complaint made by a trade union on behalf of a
person, not being a representative complaint-means the person on whose
behalf the complaint was made;
'trade union' has the same meaning as in section 50.
Federal Court may vary order made under section 83D if a court
determines recovery proceedings
"83E.(1) If:
(a) the Federal Court makes an order under subsection 83D(3) in
relation to a Subdivision B determination; and
(b) after the Federal Court makes the order, a court makes an order
determining recovery proceedings in relation to the determination;
the person against whom the recovery proceedings were commenced may
apply to the Federal Court for a variation of the order it made under
subsection 83D(3).
"(2) The Court may vary the order it made if it thinks it appropriate
to do so having regard to its reasons for making that order and to the
order made in the recovery proceedings.
Assistance in proceedings before the Federal Court
"83F.(1) A person who is a party to proceedings in the Federal Court
under this Subdivision, or who proposes to commence such proceedings,
may apply to the Attorney-General for the provision of assistance under
this section in respect of the proceedings.
"(2) If:
(a) an application is made by a person under subsection (1); and
(b) the Attorney-General is satisfied that, in all the circumstances,
it is reasonable to grant the application;
the Attorney-General may authorise the provision by the Commonwealth to
that person, on such conditions (if any) as the Attorney-General
determines, of such legal or financial assistance in respect of the
proceedings as the Attorney-General determines.
Subdivision does not create right for respondent to determination to
commence proceedings
"84. This Subdivision (except section 83D) does not create, and is
not to be taken to create, any right of action in favour of the
respondent to a Subdivision B determination.".


PART 2-AMENDMENTS OF THE HUMAN RIGHTS AND
EQUAL OPPORTUNITY COMMISSION ACT 1986
Human Rights and Equal Opportunity Commission Act 1986
9. Paragraph 8(1)(d):
Add at the end "and".
10. Subsections 8(2), (3), (4) and (5):
Omit the subsections, substitute:
"(2) The members must act in a way that promotes the collegiate
nature of the Commission.".
11. Subsection 8(8):
Omit the subsection.
12. After section 8:
Insert:
The President
"8A.(1) The President is to be appointed by the Governor-General as a
full-time member or a part-time member.
"(2) The President is the senior member of the Commission.
"(3) The President's main functions and powers are set out in the
Table below.
Item Function or power Conferred by
1. Convening and presiding at meetings of
the Commission (this Act)
Subsections 44(1), (2) and (4)
of this Act
2. Reviewing decisions not to inquire into an act,
or not to continue to inquire into an act (RDA and SDA)
Section 24AA of the RDA and
section 52A of the SDA
3. Making interim determinations (RDA, SDA and DDA)
Sections 24AB and 25Y of the

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RDA, sections 52B and 80 of the
SDA and section 102 of the DDA
4. Dismissing complaints (DDA) Section 101 of the DDA
5. Reviewing decisions not to refer an award or
determination (SDA) Sections 50B and 50D of the SDA
6. Giving directions about who may exercise
inquiry powers (RDA, SDA and DDA)
Section 25B of the RDA,
section 60 of the SDA and
section 80 of the DDA
7. Requesting people to participate in the
holding of inquiries as if they were members
of the Commission (RDA, SDA and DDA)
Subsection 24F(3) of the RDA,
subsection 57A(3) of the SDA
and subsection 77(2) of the DDA
"(4) In the Table in subsection (3):
'DDA' means the Disability Discrimination Act 1992;
'RDA' means the Racial Discrimination Act 1975;
'SDA' means the Sex Discrimination Act 1984.
The Human Rights Commissioner
"8B.(1) The Human Rights Commissioner is to be appointed by the
Governor-General as a full-time member.
"(2) A person is not qualified to be appointed as the Human Rights
Commissioner unless the Governor-General is satisfied that the person
has appropriate qualifications, knowledge or experience.".
13. Heading to Division 2 of Part II:
Omit the heading, substitute:
"Division 2-Duties, functions and powers of Commission".
14. Before section 11:
Insert in Division 2 of Part II:
Duties of Commission
"10A.(1) It is the duty of the Commission to ensure that the
functions of the Commission under this or any other Act are performed:
(a) with regard for:
(i) the indivisibility and universality of human rights; and
(ii) the principle that every person is free and equal in dignity
and rights; and
(b) efficiently and with the greatest possible benefit to the people
of Australia.
"(2) Nothing in this section imposes a duty on the Commission that is
enforceable by proceedings in a court.".
15. Section 12:
Repeal the section.
16. After subsection 19(2):
Insert:
"(3) Subject to subsection (4), the President may, by signed writing,
delegate to:
(a) a member of the Commission; or
(b) a person who holds an appointment under subsection 24F(1) of the
Racial Discrimination Act 1975, subsection 57A(1) of the Sex
Discrimination Act 1984 or subsection 77(1) of the Disability
Discrimination Act 1992;
all or any of the President's powers under the Racial Discrimination
Act 1975, the Sex Discrimination Act 1984 or the Disability
Discrimination Act 1992.
"(4) Subsection (3) does not apply to the President's powers under:
(a) sections 24AB and 25Y of the Racial Discrimination Act 1975; or
(b) sections 52B and 80 of the Sex Discrimination Act 1984; or
(c) section 102 of the Disability Discrimination Act 1992.".
17. Subsection 36(1):
Omit the subsection.
18. Subsection 36(2):
Omit all the words after paragraph (b).
19. Subsection 38(3):
Omit "Tribunals", substitute "Tribunal".
20. Subsection 43(2):
Omit the subsection, substitute:
"(2) The Commission has all the powers of, or exercisable by, a
Secretary under the Public Service Act 1922, so far as those powers
relate to the branch of the Australian Public Service comprising the
staff referred to in subsection (1), as if that branch were a separate
Department of the Australian Public Service.".
21. After section 43:
Insert:
Commission may make staff and administrative services available to the
Privacy Commissioner
"43A. The Commission may make staff and administrative services
available to the Privacy Commissioner for the purpose of assisting the
Privacy Commissioner in the performance of his or her functions under
the Privacy Act 1988 or any other Act.".
22. Subsection 44(5):
Omit the subsection, substitute:
"(5) If the President is not present at a meeting of the Commission,
the members present are to elect one of their number to preside at the
meeting.".
23. After section 46:
Insert in Part II:
"Division 6-Corporate plan
Corporate plan
"46AA.(1) The Commission must prepare corporate plans.
"(2) The first corporate plan:
(a) is to be for a period of 3 years; and
(b) must be given to the Minister within 12 months after the
commencement of this section.
"(3) Each subsequent corporate plan is to be for a period of 3 years
beginning immediately after the period of the previous corporate plan.
"(4) The Commission may review and revise a corporate plan at any
time.
"(5) In performing its duties and functions, the Commission must take
account of the corporate plan then in force.
Matters to be included in corporate plan
"46AB. Each corporate plan must:
(a) set out the general policies and strategies that the Commission
intends to adopt in order to perform its duties and functions; and
(b) include such performance indicators and targets as the Commission
considers appropriate.
Corporate plans to be given to Minister
"46AC. As soon as practicable after the Commission prepares or
revises a corporate plan, it must give a copy of the plan to the
Minister.".


PART 3-OTHER AMENDMENTS
Disability Discrimination Act 1992
24. Section 113:
Add at the end:
"(2) A person is not qualified to be appointed as the Disability
Discrimination Commissioner unless the Governor-General is satisfied
that the person has appropriate qualifications, knowledge or
experience.".
Human Rights and Equal Opportunity Legislation Amendment
Act 1992
25. Paragraph 9(c):
After "generally or" insert "as".
Privacy Act 1988
26. Section 19:
Add at the end:
"(2) A person is not qualified to be appointed as the Privacy
Commissioner unless the Governor-General is satisfied that the person
has appropriate qualifications, knowledge or experience.".
27. Subsection 21(3):
Omit "Tribunals", substitute "Tribunal".
Racial Discrimination Act 1975
28. Section 29:
Add at the end:
"(2) A person is not qualified to be appointed as the Race
Discrimination Commissioner unless the Governor-General is satisfied
that the person has appropriate qualifications, knowledge or
experience.".
29. Subsection 31(3):
Omit "Tribunals", substitute "Tribunal".
30. Subsection 42(3):
Omit "Tribunals", substitute "Tribunal".
Sex Discrimination Act 1984
31. Subsection 44(3):
After "paragraph 41(1)(e)" insert "or paragraph 41B(1)(b)".
32. Section 96:
Add at the end:
"(2) A person is not qualified to be appointed as the Sex
Discrimination Commissioner unless the Governor-General is satisfied
that the person has appropriate qualifications, knowledge or
experience.".
33. Subsection 98(3):
Omit "Tribunals", substitute "Tribunal".


NOTE ABOUT SECTION HEADING
1. On the commencement of item 14 of the Schedule to this Act, the
heading to section 13 of the Human Rights and Equal Opportunity
Commission Act 1986 is altered by omitting "and duties".