Human Rights Legislation Amendment Bill (No. 2) 1998
First Reading
1996-97-98
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Human Rights Legislation Amendment Bill (No. 2) 1998
No. , 1998
(Attorney-General)
A Bill for an Act to rename the Human Rights and Equal Opportunity Commission, create the Office of the Privacy Commissioner, amend the law relating to human rights, and for related purposes
9805620 - 647/7.4.1998 - (56/97) Cat. No. 97 2946 1 ISBN 0644 519983
Contents
Part 1 - Human Rights and Equal Opportunity Commission Act 1986
Part 2 - Disability Discrimination Act 1992
Part 3 - Privacy Act 1988
Part 4 - Racial Discrimination Act 1975
Part 5 - Sex Discrimination Act 1984
Part 6 - Application and transitional
Part 1 - Privacy Act 1988
Part 2 - Human Rights and Equal Opportunity Commission Act 1986
Part 3 - Transitional
Part 1 - References to the Human Rights and Equal Opportunity Commission Act 1986
Crimes (Torture) Act 1988
Defence Act 1903
Evidence Act 1995
Federal Court of Australia Act 1976
Housing Assistance Act 1996
Human Rights (Sexual Conduct) Act 1994
Inspector-General of Intelligence and Security Act 1986
Remuneration Tribunal Act 1973
Supported Accommodation Assistance Act 1994
Workplace Relations Act 1996
Part 2 - Other amendments
Crimes Act 1914
Defence Act 1903
Inspector-General of Intelligence and Security Act 1986
Native Title Act 1993
Public Employment (Consequential and Transitional) Amendment Act 1998
Human Rights and Responsibilities Commission Act 1986
Remuneration and Allowances Act 1990
Remuneration Tribunal Act 1973
Workplace Relations Act 1996
A Bill for an Act to rename the Human Rights and Equal Opportunity Commission, create the Office of the Privacy Commissioner, amend the law relating to human rights, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Human Rights Legislation Amendment Act (No. 2) 1998.
(1) Subject to this section, this Act commences on a day to be fixed by Proclamation.
(2) That day must be after the first day on which all of the items of Schedule 1 to the Human Rights Legislation Amendment Act (No. 1) 1998 have commenced.
(3) If this Act does not commence under subsection (1) within the period of 6 months beginning on the later of the following days:
(a) the day on which this Act receives the Royal Assent;
(b) the day on which the Human Rights Legislation Amendment Act (No. 1) 1998 receives the Royal Assent;
this Act commences on the second day after the end of that period.
Items 4 to 6 of Schedule 2
(4) If the Public Service Act 1998 has not already commenced when this section commences:
(a) item 4 of Schedule 2 commences when this section commences; and
(b) items 5 and 6 of Schedule 2 commence immediately after the Public Service Act 1998 commences.
Back to Top (5) However, if the
Public Service Act 1998 commences before, or at the same time as, this section commences:
(a) items 4 and 5 of Schedule 2 do not commence; and
(b) item 6 of Schedule 2 commences when this section commences.
Items 26 to 30 of Schedule 3 (6) If section 2 of the
Public Employment (Consequential and Transitional) Amendment Act 1998 has not already commenced when this section commences, items 26 to 30 of Schedule 3 to this Act commence immediately after section 2 of that Act commences.
(7) However, if section 2 of that Act commences before, or at the same time as, this section commences, items 26 to 30 of Schedule 3 to this Act do not commence.
Note: This is because the amendments made by those items will have become unnecessary.
Subject to section 2, 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
Note: For a further amendment of this Act, see Part 2 of Schedule 2.
1 Title
Omit "Equal Opportunity" (first occurring), substitute "Responsibilities".
2 Section 1
Omit "Equal Opportunity", substitute "Responsibilities".
3 Subsection 3(1) (definition of appointed member)
Repeal the definition.
4 Subsection 3(1) (definition of Commission)
Omit "Equal Opportunity", substitute "Responsibilities".
5 Subsection 3(1)
Insert:
Deputy President means a Deputy President of the Commission.
6 Subsection 3(1) (definition of Disability Discrimination Commissioner)
Repeal the definition.
7 Subsection 3(1) (definition of Race Discrimination Commissioner)
Repeal the definition.
8 Subsection 3(1) (definition of Sex Discrimination Commissioner)
Repeal the definition.
9 Part II (heading)
Repeal the heading, substitute:
10 Subsection 7(1)
Omit "Equal Opportunity", substitute "Responsibilities".
Note: The heading to section 7 is altered by omitting "Equal Opportunity" and substituting "Responsibilities".
11 Subsection 8(1)
Repeal the subsection, substitute:
(1) The Commission consists of:
(a) a President; and
(b) a Deputy President responsible for human rights and disability discrimination; and
(c) a Deputy President responsible for racial discrimination and social justice; and
(d) a Deputy President responsible for sex discrimination and equal opportunity.
12 Subsection 8(6)
Omit "31(b)", substitute "31(1)(b)".
13 Subsection 8(6)
Omit "31(k)", substitute "31(1)(k)".
14 Subsection 8(7)
Omit all the words after "office of", substitute "the President or a Deputy President".
15 Subsection 8B(1)
Omit "The Human Rights Commissioner", substitute "Each Deputy President".
Note: The heading to section 8B is replaced by the heading "The Deputy Presidents".
Back to Top 16 Subsection 8B(2) Omit "the Human Rights Commissioner", substitute "a Deputy President".
17 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);
18 Paragraph 11(1)(a) After "by", insert "the
Disability Discrimination Act 1992,".
19 Paragraph 11(1)(d) Omit "section 31", substitute "subsection 31(1)".
20 Paragraphs 11(1)(g), (h) and (n) Repeal the paragraphs.
21 Paragraph 11(1)(o) After "issues", insert ", but only if the Attorney-General has approved the intervention (see subsection (5))".
22 At the end of section 11 Add:
(5) In deciding whether to approve of the Commission intervening in proceedings mentioned in paragraph (1)(o), 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.
23 Section 17 Repeal the section.
24 At the end of subsections 19(1) and (2) Add "or any other law".
25 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).
26 After subsection 19(2C) Insert:
(3) To avoid doubt, subsection 8(1) does not limit the ability of the Commission or the President to delegate under this section powers to a member of the Commission.
27 Subsection 19(6) Repeal the subsection.
28 Subsection 24(1A) Omit "Aboriginal and Torres Strait Islander Social Justice Commissioner", substitute "Commission".
29 Subsection 24(1A) After "Part IIA", insert "(relating to Aboriginal persons and Torres Strait Islanders)".
30 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
31 Before paragraph 31(a) Insert:
Back to Top (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);
32 Paragraphs 31(c), (d) and (h) Repeal the paragraphs.
33 At the end of paragraph 31(j) Add ", but only if the Attorney-General has approved the intervention (see subsection (2))".
34 At the end of section 31 Add:
(2) In deciding whether to approve of the Commission intervening in proceedings mentioned in paragraph (1)(j), 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.
35 Subsection 32(1) Omit "31(b)", substitute "31(1)(b)".
36 Section 33 Omit "section 31", substitute "subsection 31(1)".
37 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;
38 Subsections 36(3) and (9) Omit "Human Rights Commissioner" (wherever occurring), substitute "a Deputy President".
Note: The heading to section 36 is altered by omitting "
Human Rights Commissioner" and substituting "
Deputy Presidents".
39 Paragraph 36(3)(b) Omit "when the", substitute "when".
40 Subsection 37(1) Omit "Subject to sub-section (2), an appointed", substitute "A".
41 Subsections 37(2) and (3) Repeal the subsections.
42 Subsections 37(4) and 38(2) and section 40 Omit "An appointed" (wherever occurring), substitute "A".
43 Subsections 38(1) and 41(4) Omit "an appointed" (wherever occurring), substitute "a".
44 Subsection 41(3) Omit "means an appointed member but".
45 Part IIA (heading) Repeal the heading, substitute:
46 Division 1 of Part IIA (heading)
Repeal the heading.
47 Section 46A (definition of Commissioner)
Repeal the definition.
48 Section 46B
Repeal the section.
49 At the end of subsection 46C(1)
Add:
Note: Functions are also conferred on the Commission under section 209 of the
Back to Top Native Title Act 1993.
50 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".
51 Subsection 46C(3) Omit "Commissioner" (first occurring), substitute "Commission".
52 Paragraph 46C(3)(d) Omit "Commissioner", substitute "first-mentioned Commission".
53 Subsection 46C(4) Omit "Commissioner" (wherever occurring), substitute "Commission".
54 Division 2 of Part IIA Repeal the Division.
55 Division 3 of Part IIA (heading) Repeal the heading.
56 Section 46K Omit "Commissioner" (wherever occurring), substitute "Commission".
Note: The heading to section 46K is altered by omitting "
Commissioner" and substituting "
Commission".
57 Section 46L Repeal the section.
Note: The heading to section 46M is altered by omitting "
Commissioner" and substituting "
Commission".
58 Paragraph 46PCA(1)(c) Omit "Commissioner", substitute "Deputy President".
Note: The heading to section 46PCA is altered by omitting "
Commissioner" and substituting "
Deputy President".
59 Subsection 46PS(1) Omit "special-purpose Commissioner" (wherever occurring), substitute "Deputy President".
Note: The heading to section 46PS is altered by omitting "
Commission members" and substituting "
Deputy Presidents".
60 Paragraph 46PS(1)(b) Repeal the paragraph, substitute:
(b) proceedings that, in the Deputy President'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.
61 Subsection 46PS(3) Repeal the subsection, substitute:
(3) Before exercising the function, the Deputy President must consult with the other Deputy Presidents.
62 Subsection 48(1) Omit "on behalf of the Commission", substitute "for or on behalf of the Commission or a member".
63 At the end of subsection 48(1) Add "or a member".
64 Subsection 48(3) After "a person acting", insert "for or".
65 Subsections 49(1), (2) and (4A) Before "on behalf of" (wherever occurring), insert "for or".
66 Subsection 49(1) After "this Act" (first occurring), insert "(or any other law that confers a power on the Commission)".
67 At the end of paragraph 49(1)(c) Add "(or any other law that confers a power on the Commission)".
68 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 69 Subsection 4(1) (definition of Commission) Repeal the definition, substitute:
Commission means the Human Rights and Responsibilities Commission established by the
Human Rights and Responsibilities Commission Act 1986.
70 Subsection 4(1) (definition of Commissioner) Repeal the definition.
71 Subsection 4(1) (definition of Convention) Omit "
Equal Opportunity", substitute "
Responsibilities".
72 Subsection 4(1) (definition of Covenant on Civil and Political Rights) Omit "
Equal Opportunity", substitute "
Responsibilities".
73 Subsection 4(1) Insert:
Deputy President means a Deputy President of the Commission.
74 Subsection 4(1) (definition of enactment) Omit "
Equal Opportunity" (wherever occurring), substitute "
Responsibilities".
Back to Top 75 Subsection 4(1) (definition of proposed enactment) Omit "
Equal Opportunity" (wherever occurring), substitute "
Responsibilities".
76 Subsections 13(4) and 42(2) Omit "
Equal Opportunity" (wherever occurring), substitute "
Responsibilities".
77 Part 4 (heading) Repeal the heading, substitute:
78 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;
79 Paragraphs 67(1)(g), (h) and (k)
Repeal the paragraphs.
80 At the end of paragraph 67(1)(l)
Add ", but only if the Attorney-General has approved the intervention (see subsection (3))".
Note: The heading to section 67 is replaced by the heading "Functions of the Commission".
81 Subsection 67(1) (note)
Omit "Equal Opportunity", substitute "Responsibilities".
82 At the end of section 67
Add:
(3) In deciding whether to approve of the Commission intervening in proceedings mentioned in paragraph (1)(l), 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 Human Rights and Responsibilities 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.
83 Section 112
Omit "Commissioner", substitute "a Deputy President".
84 Part 6
Repeal the Part.
85 Sections 121, 126, 127 and 129
Repeal the sections.
Part 3 - Privacy Act 1988
Note: For other amendments of this Act, see Schedule 2.
86 Preamble
Omit "Equal Opportunity", substitute "Responsibilities".
87 Subsection 50(1) (definition of Human Rights and Equal Opportunity Commission)
Repeal the definition.
88 Subsection 50(1)
Insert:
Human Rights and Responsibilities Commission includes a person performing functions of that Commission.
89 Subsection 50(2) and subparagraph 50(3)(a)(i)
Omit "Equal Opportunity" (wherever occurring), substitute "Responsibilities".
90 Subparagraphs 50(2)(a)(i) and (3)(a)(i)
Omit "Equal Opportunity" (wherever occurring), substitute "Responsibilities".
Part 4 - Racial Discrimination Act 1975
91 Subsection 3(1) (definition of Chairman)
Back to Top Repeal the definition.
92 Subsection 3(1) (definition of Commission) Repeal the definition, substitute:
Commission means the Human Rights and Responsibilities Commission established by the
Human Rights and Responsibilities Commission Act 1986.
93 Subsection 3(1) (definition of Commissioner) Repeal the definition.
94 Subsection 3(1) (definition of conciliation committee) Repeal the definition.
95 Subsection 3(1) (definition of Council) Repeal the definition.
96 Subsection 3(1) (definition of Deputy Chairman) Repeal the definition.
97 Subsection 3(1) Insert:
Deputy President means a Deputy President of the Commission.
98 Subsection 3(1) (definition of member) Repeal the definition.
99 Subsection 6A(2) Omit "
Equal Opportunity" (wherever occurring), substitute "
Responsibilities".
100 Subsection 18C(1) (note) Omit "
Equal Opportunity", substitute "
Responsibilities".
101 Subsection 18C(1) (note) Omit "Equal Opportunity", substitute "Responsibilities".
102 Part III (heading) Repeal the heading, substitute:
103 Section 19
Repeal the section.
104 Paragraph 20(b)
Re-letter the paragraph as paragraph (a).
105 Before paragraph 20(c)
Insert:
(b) to disseminate information on racial discrimination and on the responsibility of persons and organisations to avoid such discrimination;
106 At the end of paragraph 20(e)
Add ", but only if the Attorney-General has approved the intervention (see subsection (2))".
107 Paragraph 20(f)
Omit "or the Commissioner".
108 Section 20 (note)
Omit "Equal Opportunity", substitute "Responsibilities".
109 At the end of section 20
Add:
(2) In deciding whether to approve of the Commission intervening in proceedings mentioned in paragraph (1)(e), 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 Human Rights and Responsibilities 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.
110 Paragraphs 27(2)(e), (f) and (g)
Omit "Equal Opportunity" (wherever occurring), substitute "Responsibilities".
111 Section 27E
Omit "Commissioner", substitute "a Deputy President".
112 Section 27F
Repeal the section.
113 Parts V and VI
Repeal the Parts.
114 Sections 45 and 45A
Repeal the sections.
115 Section 47
Omit "and prescribing fees and allowances payable to members of conciliation committees".
Back to Top Part 5 - Sex Discrimination Act 1984 116 Subsection 4(1) (definition of Commission) Repeal the definition, substitute:
Commission means the Human Rights and Responsibilities Commission established by the
Human Rights and Responsibilities Commission Act 1986.
117 Subsection 4(1) (definition of Commissioner) Repeal the definition.
118 Subsection 4(1) Insert:
Deputy President means a Deputy President of the Commission.
119 Subsection 4(1) (definition of enactment) Omit "
Equal Opportunity", substitute "
Responsibilities".
120 Subsection 4(1) (definition of proposed enactment) Omit "
Equal Opportunity", substitute "
Responsibilities".
121 Subsections 10(4) and 11(4) Omit "
Equal Opportunity" (wherever occurring), substitute "
Responsibilities".
122 Part III (heading) Repeal the heading, substitute:
123 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;
124 Paragraphs 48(1)(d), (e) and (ga)
Repeal the paragraphs.
125 At the end of paragraph 48(1)(gb)
Add ", but only if the Attorney-General has approved the intervention (see subsection (3))".
126 Subsection 48(1) (note)
Omit "Equal Opportunity", substitute "Responsibilities".
Note: The heading to section 48 is altered by omitting "Equal Opportunity" and substituting "Responsibilities".
127 At the end of section 48
Add:
(3) In deciding whether to approve of the Commission intervening in proceedings mentioned in paragraph (1)(gb), 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 Human Rights and Responsibilities 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.
128 Subsections 92(1) and 94(2) and paragraph 92(2)(b)
Omit "Equal Opportunity" (wherever occurring), substitute "Responsibilities".
129 Section 93
Omit "Commissioner", substitute "a Deputy President".
130 Part V
Repeal the Part.
131 Sections 104, 111, 112 and 114
Repeal the sections.
Part 6 - Application and transitional
132 Continuity of Commission and President not affected
Back to Top To avoid doubt:
(a) the continuity of the Commission's existence; and
(b) the continuity of the President's appointment;
are not affected by the change to the Commission's name, or any other amendment, made by this Act.
133 Re-appointment of President as a full-time member 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.
134 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.
Note: This exception is because the law no longer provides for the existence of those Commissioners.
135 Repealed civil liability provisions continue to apply in relation to pre-commencement acts etc. Although this Schedule:
(a) amends section 48 of the
Human Rights and Equal Opportunity 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.
136 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 - Privacy Act 1988
1 Part IV (heading)
Repeal the heading, substitute:
2 Division 1 of Part IV (heading)
Repeal the heading, substitute:
(1) The Office of the Privacy Commissioner is established by this section.
(2) The Office of the Privacy Commissioner consists of the Privacy Commissioner and the staff mentioned in section 26A.
3 Section 19 (last occurring)
Re-number the section as section 19A.
4 After section 26
Insert:
(1) The staff necessary to assist the Commissioner must be persons appointed or
Back to Top employed under the
Public Service Act 1922.
(2) The Commissioner has all the powers of, or exercisable by, a Secretary under that Act, so far as those powers relate to the branch of the Australian Public Service comprising the staff mentioned in subsection (1), as if that branch were a separate Department of the Australian Public Service.
(3) The Commissioner may engage as consultants persons with suitable qualifications and experience. The terms and conditions on which a consultant is engaged are as determined by the Commissioner.
Note: For the commencement of this item, see subsections 2(4) and (5). (It might not commence at all.)
5 Section 26A Repeal the section.
Note: For the commencement of this item, see subsections 2(4) and (5). (It might not commence at all.)
6 After section 26 Insert:
(1) The staff necessary to assist the Commissioner must be persons engaged under the Public Service Act 1998.
(2) For the purposes of that Act:
(a) the Commissioner and the APS employees assisting the Commissioner together constitute a Statutory Agency; and
(b) the Commissioner is the Head of that Statutory Agency.
(3) The Commissioner may engage as consultants persons with suitable qualifications and experience. The terms and conditions on which a consultant is engaged are as determined by the Commissioner.
Note: For the commencement of this item, see subsections 2(4) and (5).
7 Paragraph 36(4)(a)
Omit "Human Rights and Equal Opportunity Commission", substitute "Commissioner".
8 Paragraph 83(a)
Omit "Commission", substitute "Commissioner".
9 Section 96
Omit "the staff referred to in section 43 of the Human Rights and Equal Opportunity Commission Act 1986" (wherever occurring), substitute "his or her staff".
10 Section 96
Before "on behalf of" (wherever occurring), insert "for or".
11 At the end of subsection 96(1) (after the penalty)
Add:
Note: This subsection and subsection (2) also apply to persons who were members of the staff of the Human Rights and Equal Opportunity Commission at any time before the separate Office of the Privacy Commissioner was established: see Part 3 of Schedule 2 to the Human Rights Legislation Amendment Act (No. 2) 1998.
12 Section 99
Omit "the staff of the Human Rights and Equal Opportunity Commission", substitute "his or her staff".
Part 2 - Human Rights and Equal Opportunity Commission Act 1986
13 Section 43A
Omit "staff and".
Note: The heading to section 43A is altered by omitting "staff and".
Part 3 - Transitional
14 Section 96 still applies to pre-commencement staff of HREOC
Despite the amendment of section 96 of the Privacy Act 1988 by item 9 of this Schedule, that section continues to apply, in relation to persons who, at any time before this item commenced, were staff referred to in section 43 of the Human Rights and Responsibilities Commission Act 1986, as if the amendment had not been made.
Note: That section is about non-disclosure of private information.
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 "Equal Opportunity" (wherever occurring) and substituting "Responsibilities".
Crimes (Torture) Act 1988
2 Subsection 3(1) (paragraph (b) of the definition of act of torture)
Defence Act 1903
Back to Top 3 Subsection 58HA(1) 4 Section 58HB Note: For other amendments of this Act, see Part 2 of this Schedule.
Evidence Act 1995 5 Subsection 138(3) (note) Federal Court of Australia Act 1976 6 Paragraph 18AB(1A)(d) 7 Subsection 18AB(2B) Housing Assistance Act 1996 8 Preamble Human Rights (Sexual Conduct) Act 1994 9 Subsection 4(1) (note) Inspector-General of Intelligence and Security Act 1986 10 Subsection 3(1) (definition of discrimination) 11 Subsection 3(1) (definition of human rights) Note: For other amendments of this Act, see Part 2 of this Schedule.
Remuneration Tribunal Act 1973 12 Subsection 8B(1) 13 Section 8C Note: For other amendments of this Act, see Part 2 of this Schedule.
Supported Accommodation Assistance Act 1994 14 Preamble Workplace Relations Act 1996 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.
Part 2 - Other amendments Crimes Act 1914 20 Subsection 85ZZA(3) Omit "staff of the Human Rights and Equal Opportunity Commission", substitute "Privacy Commissioner's staff".
Defence Act 1903 21 Subsection 58HA(5) Omit "The Sex Discrimination Commissioner", substitute "The Human Rights and Responsibilities Commission, or a member of it,".
Inspector-General of Intelligence and Security Act 1986 22 Subparagraphs 8(1)(a)(v), (2)(a)(iv) and (3)(b)(i) Omit "Equal Opportunity" (wherever occurring), substitute "Responsibilities".
Native Title Act 1993 23 Subsection 209(1) Omit "Aboriginal and Torres Strait Islander Social Justice Commissioner (appointed under the
Human Rights and Equal Opportunity Commission Act 1986)", substitute "Human Rights and Responsibilities Commission (established by the
Human Rights and Responsibilities Commission Act 1986)".
Note: The heading to section 209 is replaced by the heading "
Reports by Human Rights and Responsibilities Commission".
24 Subsection 209(2) Omit "Commissioner", substitute "Commission".
25 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.
Public Employment (Consequential and Transitional) Amendment Act 1998 26 Schedule 1 (heading before item 487) Repeal the heading, substitute:
Human Rights and Responsibilities Commission Act 1986 Note: For the commencement of this item and items 27, 28, 29 and 30, see subsections 2(6) and (7). (They may not commence at all.)
27 Item 377 of Schedule 1 Repeal the item.
28 Item 490 of Schedule 1 Repeal the item.
29 Item 741 of Schedule 1 Repeal the item.
30 Item 796 of Schedule 1 Repeal the item.
Remuneration and Allowances Act 1990 31 Part 3 of Schedule 2 (table item relating to the Human Rights Commissioner) Repeal the item.
Remuneration Tribunal Act 1973 32 Subsection 8B(5) Omit "The Sex Discrimination Commissioner", substitute "The Human Rights and Responsibilities Commission, or a member of it,".
Workplace Relations Act 1996 33 Paragraph 111A(2)(b) Omit "Sex Discrimination Commissioner", substitute "Human Rights and Responsibilities Commission".
34 Paragraph 170BD(b) Omit "Sex Discrimination Commissioner", substitute "Human Rights and Responsibilities Commission".