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This is a Bill, not an Act. For current law, see the Acts databases.
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 0644519983.html
Part 2—Disability Discrimination Act
1992 0644519983.html
Part 3—Privacy Act
1988 0644519983.html
Part 4—Racial Discrimination Act
1975 0644519983.html
Part 5—Sex Discrimination Act
1984 0644519983.html
Part 6—Application and
transitional 0644519983.html
Part 1—Privacy Act
1988 0644519983.html
Part 2—Human Rights and Equal Opportunity Commission Act
1986 0644519983.html
Part 3—Transitional 0644519983.html
Part 1—References to the Human Rights and Equal Opportunity
Commission Act 1986 0644519983.html
Crimes (Torture) Act
1988 0644519983.html
Defence Act
1903 0644519983.html
Evidence Act
1995 0644519983.html
Federal Court of Australia Act
1976 0644519983.html
Housing Assistance Act
1996 0644519983.html
Human Rights (Sexual Conduct) Act
1994 0644519983.html
Inspector-General of Intelligence and Security Act
1986 0644519983.html
Remuneration Tribunal Act
1973 0644519983.html
Supported Accommodation Assistance Act
1994 0644519983.html
Workplace Relations Act
1996 0644519983.html
Part 2—Other
amendments 0644519983.html
Crimes Act
1914 0644519983.html
Defence Act
1903 0644519983.html
Inspector-General of Intelligence and Security Act
1986 0644519983.html
Native Title Act
1993 0644519983.html
Public Employment (Consequential and Transitional) Amendment Act
1998 0644519983.html
Human Rights and Responsibilities Commission Act
1986 0644519983.html
Remuneration and Allowances Act
1990 0644519983.html
Remuneration Tribunal Act
1973 0644519983.html
Workplace Relations Act 1996 0644519983.html
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.
(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”.
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:
(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 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”.
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.
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)
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”.
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
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.
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 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”.
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”.
2 Subsection 3(1) (paragraph (b) of the
definition of act of torture)
3 Subsection 58HA(1)
4 Section 58HB
Note: For other amendments of
this Act, see Part 2 of this Schedule.
5 Subsection 138(3) (note)
Federal
Court of Australia Act 1976
6 Paragraph 18AB(1A)(d)
7 Subsection 18AB(2B)
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
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 85ZZA(3)
Omit “staff of the Human Rights and Equal Opportunity
Commission”, substitute “Privacy Commissioner’s
staff”.
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”.
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,”.
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”.