Human Rights Legislation (Transitional) Regulations 2000
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Human Rights Legislation Amendment Act (No. 1) 1999.
Dated 9 November 2000
Governor-General
By His Excellency's Command
DARYL WILLIAMS
1 Name of Regulations
These Regulations are the Human Rights Legislation (Transitional) Regulations 2000.
2 Commencement
These Regulations commence on gazettal.
3 Interpretation
In these Regulations:
Commission means the Human Rights and Equal Opportunity Commission.
President means the President of the Commission.
Note The following expressions used in these Regulations are defined in the Act:
new HREOC
old DDA
old RDA
old SDA.
4 Transitional — review of Commission’s decision
(1) A complaint is treated in the way set out in subregulation (2) if:
(a) a decision is made by the Commission in relation to the complaint under:
(i) section 103 of the old DDA; or
(ii) section 25Z of the old RDA; or
(iii) section 81 of the old SDA; and
(b) on or after the date this regulation commences, an order is made by the Federal Court or the Federal Magistrates Court under the Administrative Decisions (Judicial Review) Act 1977 to refer the matter to which the decision relates to the Commission for further consideration.
(2) The President is taken to have terminated the complaint under section 46PH of the new HREOCA on the date when the order is made.
(3) If the President is taken to have terminated a complaint under this regulation, the President must notify each complainant in writing of the termination and the reasons for the termination.
(4) The President must give a person a copy of the notice given under subregulation (3) if:
(a) the person is a person on whose behalf the complaint was lodged; and
(b) the person requests the President for a copy of the notice.
(5) The President is not required to notify any person under section 46PH of the new HREOCA.
Note
1. Notified in the Commonwealth of Australia Gazette on 16 November 2000.