Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 125 of 1986 as amended
This compilation was prepared on 27 December 2011
taking into account amendments up to Act No. 46 of 2011
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of
amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney-General's Department, Canberra
Contents
Part I--Preliminary 1
1............ Short title [see Note 1] ........................................................................ 1
2............ Commencement [see Note 1] .............................................................. 1
3............ Interpretation ....................................................................................... 1
4............ Operation of State and Territory laws ............................................... 10
5............ Extension to external Territories ........................................................ 10
6............ Extent to which Act binds the Crown ............................................... 10
6A......... Application of the Criminal Code ..................................................... 11
Part II--Australian Human Rights Commission 12
Division 1--Establishment and Constitution of Commission 12
7............ Australian Human Rights Commission ............................................. 12
8............ Constitution of Commission ............................................................. 12
8A......... The President .................................................................................... 13
8B......... The Human Rights Commissioner .................................................... 13
9............ Arrangement for appointment of the holder of a judicial office of a State 14
10.......... Appointment of Judge as member not to affect tenure etc. ................ 14
Division 2--Duties, functions and powers of Commission 15
10A....... Duties of Commission ...................................................................... 15
11.......... Functions of Commission ................................................................. 15
13.......... Powers of Commission ..................................................................... 18
14.......... Form of examinations or inquiries to be at discretion of Commission etc. 18
15.......... Commission may engage in consultations ......................................... 20
16.......... Inter-governmental arrangements ...................................................... 20
18.......... Declarations by Minister ................................................................... 21
19.......... Delegation ......................................................................................... 21
Division 3--Functions relating to human rights 23
19A....... Division applies to victimisation offences ......................................... 23
20.......... Performance of functions relating to human rights ............................ 23
21.......... Power to obtain information and documents ..................................... 26
22.......... Power to examine witnesses ............................................................. 27
23.......... Failure to comply with requirement ................................................... 28
24.......... Disclosure of information or contents of documents ......................... 28
26.......... Offences relating to administration of Act ......................................... 31
27.......... Commission to give opportunity for making of submissions ............ 32
28.......... Nature of settlements ......................................................................... 33
29.......... Reports to contain recommendations ................................................. 33
Division 4--Functions relating to equal opportunity in employment 35
30.......... Interpretation etc. ............................................................................... 35
31.......... Functions of Commission relating to equal opportunity .................... 35
32.......... Performance of functions relating to equal opportunity ..................... 37
33.......... Application of certain provisions of Division 3 ................................ 38
34.......... Nature of settlements ......................................................................... 39
35.......... Reports to contain recommendations ................................................. 39
Division 5--Administrative provisions 42
36.......... Acting President and Human Rights Commissioner ......................... 42
37.......... Terms and conditions of appointment ............................................... 42
38.......... Remuneration and allowances ........................................................... 43
39.......... Leave of absence ............................................................................... 43
40.......... Resignation ....................................................................................... 43
41.......... Termination of appointment .............................................................. 44
42.......... Disclosure of interests ....................................................................... 44
43.......... Staff .................................................................................................. 45
43A....... Commission may make administrative services available to the Information Commissioner 45
44.......... Meetings of the Commission ............................................................ 45
45.......... Annual report .................................................................................... 46
46.......... Reports to be tabled in Parliament ..................................................... 46
Division 6--Corporate plan 47
46AA.... Corporate plan ................................................................................... 47
46AB.... Matters to be included in corporate plan ............................................ 47
46AC.... Corporate plans to be given to Minister ............................................ 47
Part IIA--Aboriginal and Torres Strait Islander Social Justice Commissioner 48
Division 1--Establishment and functions 48
46A....... Interpretation ..................................................................................... 48
46B....... Aboriginal and Torres Strait Islander Social Justice Commissioner .. 48
46C....... Functions of the Commission that are to be performed by the Commissioner 48
Division 2--Administrative provisions 51
46D....... Terms and conditions of appointment ............................................... 51
46E........ Remuneration .................................................................................... 51
46F........ Leave of absence ............................................................................... 51
46G....... Outside employment ......................................................................... 51
46H....... Resignation ....................................................................................... 52
46I......... Termination of appointment .............................................................. 52
46J........ Acting Commissioner ....................................................................... 52
Division 3--Miscellaneous 53
46K....... Commissioner may obtain information from government agencies ... 53
46L........ Commissioner must give information to the Commission ................. 54
46M...... Minister must table etc. report of Commissioner ............................... 54
Part IIB--Redress for unlawful discrimination 55
Division 1--Conciliation by the President 55
46P........ Lodging a complaint .......................................................................... 55
46PA..... Amendment of complaint .................................................................. 56
46PB..... Conditions for lodging a representative complaint ............................ 56
46PC..... Additional rules applying to representative complaints ..................... 56
46PD..... Referral of complaint to President ..................................................... 57
46PE..... Complaints against the President, Commission or a Commissioner .. 57
46PF..... Inquiry by President .......................................................................... 57
46PG..... Withdrawal of complaint ................................................................... 58
46PH..... Termination of complaint .................................................................. 58
46PI...... President's power to obtain information ........................................... 59
46PJ...... Directions to attend compulsory conference ...................................... 60
46PK..... Proceedings at compulsory conference ............................................. 61
46PL..... Failure to attend compulsory conference ........................................... 62
46PM.... Failure to give information or produce documents ............................ 62
46PN..... False or misleading information ........................................................ 63
Division 2--Proceedings in the Federal Court and the Federal Magistrates Court 64
46PO..... Application to court if complaint is terminated .................................. 64
46PP..... Interim injunction to maintain status quo etc. .................................... 65
46PQ..... Right of representation ...................................................................... 66
46PR..... Court not bound by technicalities ...................................................... 66
46PS..... Report by President to court .............................................................. 66
46PT..... Assistance by Commission ............................................................... 67
46PU..... Assistance in proceedings before the court ....................................... 67
46PV..... Amicus curiae function of Commission members ............................. 67
Part IIC--Referral of discriminatory awards and determinations to other bodies 69
46PW.... Referral of discriminatory industrial instruments to the Fair Work Australia 69
46PX..... Referral of discriminatory determinations to the Remuneration Tribunal 70
46PY..... Referral of discriminatory determinations to the Defence Force Remuneration Tribunal 71
Part III--Miscellaneous 74
47.......... Declaration of international instruments ............................................ 74
48.......... Protection from civil actions .............................................................. 74
49.......... Non-disclosure of private information .............................................. 75
49A....... Information stored otherwise than in written form ............................ 77
49B....... Jurisdiction of Federal Court and Federal Magistrates Court ............ 77
49C....... Compensation for acquisition of property ......................................... 77
50.......... Regulations ....................................................................................... 78
Schedule 1--Convention concerning Discrimination in respect of Employment and Occupation 79
Schedule 2--International Covenant on Civil and Political Rights 84
Schedule 3--Declaration of the Rights of the Child 105
Schedule 4--Declaration on the Rights of Mentally Retarded Persons 108
Schedule 5--Declaration on the Rights of Disabled Persons 110
Notes 113
Notes to
the
Australian Human Rights Commission Act
1986 Note 1 The Australian Human Rights Commission Act 1986 as
shown in this compilation comprises Act No. 125, 1986 amended as indicated
in the Tables below. The Australian Human Rights Commission Act 1986 was
amended by the Workplace Relations Amendment (Work Choices) (Consequential
Amendments) Regulations 2006 (No. 1) (SLI 2006 No. 50). The
amendments are incorporated in this compilation. For application, saving or transitional provisions made by the
Freedom of Information Amendment (Reform) Act 2010, see Act No. 51,
2010. All relevant information pertaining to application, saving or
transitional provisions prior to 13 October 1999 is not included in this
compilation. For subsequent information see Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
|
125, 1986 |
6 Dec 1986 |
10 Dec 1986 (see Gazette 1986, No. S631) |
|
||
|
141, 1987 |
18 Dec 1987 |
||||
|
38, 1988 |
3 June 1988 |
S. 3: Royal Assent (b) |
|||
|
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 |
99, 1988 |
2 Dec 1988 |
2 Dec 1988 |
-- |
|
|
119, 1988 |
14 Dec 1988 |
1 Jan 1989 (see Gazette 1988, No. S399) |
-- |
||
|
75, 1990 |
22 Oct 1990 |
S. 5: Royal Assent (c) |
-- |
||
|
115, 1990 |
21 Dec 1990 |
Part 1 (ss. 1, 2), Parts 3 and 4 (ss. 40-49):
21 Dec 1990 |
-- |
||
|
122, 1991 |
27 June 1991 |
Ss. 4(1), 10(b) and 15-20: 1 Dec 1988 |
|||
|
Human Rights and Equal Opportunity Legislation Amendment Act 1992 |
132, 1992 |
30 Oct 1992 |
26 Nov 1992 (see s. 2 and Gazette 1992, No. S346) |
-- |
|
|
as amended by |
|
|
|
|
|
|
59, 1995 |
28 June1995 |
(see 59, 1995 below) |
-- |
||
|
Sex Discrimination and other Legislation Amendment Act 1992 |
179, 1992 |
16 Dec 1992 |
13 Jan 1993 |
||
|
Human Rights and Equal Opportunity Legislation Amendment Act (No. 2) 1992 |
180, 1992 |
16 Dec 1992 |
13 Jan 1993 |
-- |
|
|
196, 1992 |
21 Dec 1992 |
Schedule (Parts 3, 6): (d) |
|||
|
as amended by |
|
|
|
|
|
|
60, 1993 |
3 Nov 1993 |
10 Mar 1993 |
-- |
||
|
168, 1994 |
16 Dec 1994 |
Schedule (item 17): Royal Assent (e) |
-- |
||
|
59, 1995 |
28 June 1995 |
Schedule (item 25): 30 Oct 1992 |
|||
|
133, 1999 |
13 Oct 1999 |
Ss. 1-3 and 21: Royal Assent |
|||
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (items 520-523): 5 Dec 1999 (see Gazette 1999, No. S584) (f) |
-- |
|
|
Australian Security Intelligence Organisation Legislation Amendment Act 1999 |
161, 1999 |
10 Dec 1999 |
Schedule 3 (items 1, 29): (g) |
-- |
|
|
194, 1999 |
23 Dec 1999 |
Schedule 16: (h) |
-- |
||
|
Privacy Amendment (Office of the Privacy Commissioner) Act 2000 |
2, 2000 |
29 Feb 2000 |
1 July 2000 (see Gazette 2000, No. S229) |
-- |
|
|
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 |
137, 2000 |
24 Nov 2000 |
Ss. 1-3 and Schedule 1 (items 1, 4, 6, 7, |
Sch. 2 (items 418, 419) [see Table A] |
|
|
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 |
24, 2001 |
6 Apr 2001 |
S. 4(1), (2) and Schedule 32: (i) |
S. 4(1), (2) [see Table A] |
|
Human Rights and Equal Opportunity Commission Amendment Act 2002 |
22, 2002 |
4 Apr 2002 |
13 Apr 2000 |
-- |
|
63, 2002 |
3 July 2002 |
Schedule 1 (item 21): (j) |
-- |
|
|
105, 2002 |
14 Nov 2002 |
Schedule 3 (item 50): 12 May 2003 (see s. 2 and Gazette 2002, No. GN49) |
-- |
|
|
125, 2002 |
10 Dec 2002 |
Schedule 2 (item 77): 1 Jan 2003 |
-- |
|
|
40, 2004 |
21 Apr 2004 |
Schedule 1 (items 1-8):
23 June 2004 (see s. 2) |
-- |
|
|
62, 2004 |
26 May 2004 |
Schedule 1 (item 38): 27 May 2004 |
-- |
|
|
Aboriginal and Torres Strait Islander Commission Amendment Act 2005 |
32, 2005 |
22 Mar 2005 |
Schedule 4 (item 24): 24 Mar 2005 |
-- |
|
100, 2005 |
6 July 2005 |
Schedule 1 (item 26): Royal Assent |
-- |
|
|
Intelligence Services Legislation Amendment Act 2005 |
128, 2005 |
4 Nov 2005 |
Schedule 8 (items 13,14): 2 Dec 2005 |
-- |
|
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 |
54, 2009 |
25 June 2009 |
Schedule 5 (items 32, 73-75): (l) |
-- |
|
Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 |
70, 2009 |
8 July 2009 |
Schedule 2 (items 91, 92) and Schedule 3
(items 34-38, |
Sch. 3 (items 130, 148, 153, 155, 158) [see Table A] |
|
Fair Work Amendment (State Referrals and Other Measures) Act 2009 |
124, 2009 |
9 Dec 2009 |
Schedule 2 (item 123): 1 Jan 2010 |
-- |
|
51, 2010 |
31 May 2010 |
Schedule 5 (items 4-8) and Schedule 7: (m) |
Sch. 7 [see Note 1] |
|
|
Financial Framework Legislation Amendment Act 2010 |
148, 2010 |
17 Dec 2010 |
Schedule 1: 18 Dec 2010 |
Sch. 1 (items 2, 3) [see Table A] |
|
Statute Law Revision Act 2011 |
5, 2011 |
22 Mar 2011 |
Schedule 6 (items 7-9): 19 Apr 2011 |
-- |
|
Sex and Age Discrimination Legislation Amendment Act 2011 |
40, 2011 |
20 June 2011 |
Schedule 2 (items 7-10, 14): 29 July 2011 (see F2011L01552) |
Sch. 2 (item 14) [see Table A] |
|
Acts Interpretation Amendment Act 2011 |
46, 2011 |
27 June 2011 |
Schedule 2 (items 163-167) and Schedule 3 (items 10, 11): 27 Dec 2011 |
Sch. 3 (items 10, 11) [see Table A] |
(a) The Australian Human Rights Commission Act 1986 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2(17) of which provides as follows:
(17) The amendment of the Human Rights and Equal Opportunity Commission Act 1986 made by this Act shall be deemed to have come into operation on the commencement of the Inspector-General of Intelligence and Security Act 1986.
(b) The Australian Human Rights Commission Act 1986 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1988, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(c) The Australian Human Rights Commission Act 1986 was amended by section 5 only of the Defence Legislation Amendment Act 1990, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(d) The Australian Human Rights Commission Act 1986 was amended by the Qantas Sale Act 1992, subsections 2(2), (5) and (6) of which provide as follows:
(2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(5) If, on the 100% sale day, Part 3 of the Schedule has not commenced, then, on the day on which Part 7 of the Schedule commences, Parts 3 and 6 of the Schedule are taken to have been repealed.
(6) If a provision of this Act has not commenced before 31 August 1995, the provision is taken to have been repealed on that day.
The Schedule (Parts 3 and 6) are taken to have been repealed on 31 August 1995.
(e) The Qantas Sale Act 1992 was amended by the Schedule (item 17) only of the Qantas Sale Amendment Act 1994, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(f) The Australian Human Rights Commission Act 1986 was amended by Schedule 1 (items 520-523) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(g) The Australian Human Rights Commission Act 1986 was amended by Schedule 3 (item 29) only of the Australian Security Intelligence Organisation Legislation Amendment Act 1999, subsection 2(2) of which provides as follows:
(2) Subject to subsections (3) to (6), Schedule 3 commences immediately after the commencement of the other Schedules to this Act.
The other Schedules to this Act commenced on Royal Assent.
(h) The Australian Human Rights Commission Act 1986 was amended by Schedule 16 only of the Federal Magistrates (Consequential Amendments) Act 1999, subsection 2(3) of which provides as follows:
(3) If Schedule 1 to the Human Rights Legislation Amendment Act (No. 1) 1999 commences after the commencement of section 1 of this Act, Schedule 16 to this Act commences immediately after the commencement of Schedule 1 to the Human Rights Legislation Amendment Act (No. 1) 1999.
Schedule 1 to the Human Rights Legislation Amendment Act (No. 1) 1999 commenced on 13 April 2000.
(i) The Australian Human Rights Commission Act 1986 was amended by Schedule 32 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:
(1) Subject to this section, this Act commences at the later of the following times:
(a) immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;
Item 15 commenced on 24 May 2001.
(j) The Australian Human Rights Commission Act 1986 was amended by Schedule 1 (item 21) only of the Statute Law Revision Act 2002, subsection 2(1) (item 16) of which provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
16. Schedule 1, item 21 |
Immediately after item 15 of Schedule 16 to the Federal Magistrates (Consequential Amendments) Act 1999 commenced |
13 April 2000 |
(k) Subsection 2(1) (items 6 and 7) and (4) of the Age Discrimination (Consequential Provisions) Act 2004 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Provision(s) |
Commencement |
Date/Details |
|
6. Schedule 2, item 22 |
Immediately after the commencement of Schedule 1 to the Australian Human Rights Commission Legislation Act 2004, subject to subsection (4) |
|
|
7. Schedule 2, items 23 to 28 |
The later of: (a) immediately after the commencement of the Age Discrimination Act 2004; and (b) immediately after the commencement of Schedule 1 to the Australian Human Rights Commission Legislation Act 2004 |
(paragraph (b) applies) |
(4) If the Age Discrimination Act 2004 does not commence before the commencement of item 21 of Schedule 1 to the Australian Human Rights Commission Legislation Act 2004, item 22 of Schedule 2 to this Act does not commence at all.
The Australian Human Rights Commission Legislation Bill 2004 was not enacted. Therefore the amendments made by Schedule 1 (items 22-25) did not commence.
(l) Subsection 2(1) (items 13 and 17) of the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
13. Schedule 5, items 32 to 64 |
Immediately after the commencement of Part 2-4 of the Fair Work Act 2009. |
1 July 2009 |
|
17. Schedule 5, items 70 to 79 |
Immediately after the commencement of Part 2-4 of the Fair Work Act 2009. |
1 July 2009 |
(m) Subsection 2(1) (item 7) of the Freedom of Information Amendment (Reform) Act 2010 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
7. Schedules 4 to 7 |
Immediately after the commencement of section 3 of the Australian Information Commissioner Act 2010. However, if section 3 of the Australian Information Commissioner Act 2010 does not commence, the provision(s) do not commence at all. |
1 November 2010 |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Title..................................... |
am. No. 70, 2009 |
|
Part I |
|
|
am. No. 70, 2009 |
|
|
am. No. 119, 1988; No. 115, 1990; Nos. 132 and 180, 1992; Nos. 133 and 194, 1999; No. 105, 2002; No. 40, 2004; SLI 2006 No. 50; No. 54, 2009; No. 70, 2009; No. 51, 2010; Nos. 5 and 40, 2011 |
|
|
rs. No. 133, 1999 |
|
|
am. No. 22, 2002 |
|
|
ad. No. 24, 2001 |
|
|
Part II |
|
|
Heading to Part II.............. |
rs. No. 70, 2009 |
|
Division 1 |
|
|
Heading to s. 7.................. |
rs. No. 70, 2009 |
|
am. No. 70, 2009; No. 148, 2010 |
|
|
am. No. 119, 1988; Nos. 132 and 180, 1992; No. 59, 1995; No. 133, 1999; No. 2, 2000; No. 40, 2011 |
|
|
ad. No. 59, 1995 |
|
|
|
am. No. 133, 1999 |
|
ad. No. 59, 1995 |
|
|
|
am. No. 70, 2009 |
|
Division 2 |
|
|
Heading to Div. 2 of Part II........................................ |
rs. No. 59, 1995 |
|
ad. No. 59, 1995 |
|
|
am. No. 141, 1987; No. 75, 1990; No. 132, 1992; Nos. 133 and 161, 1999; No. 40, 2004; No. 128, 2005; No. 70, 2009; No. 5, 2011 |
|
|
S. 12.................................... |
rep. No. 59, 1995 |
|
Heading to s. 13................ |
am. No. 59, 1995 |
|
am. No. 132, 1992; No. 24, 2001; No. 40, 2004; No. 70, 2009 |
|
|
am. No. 38, 1988; No. 132, 1992; No. 133, 1999; No. 40, 2004 |
|
|
S. 17.................................... |
rep. No. 70, 2009 |
|
am. No. 132, 1992 (as am. by No. 59, 1995); No. 180, 1992; No. 59, 1995; No. 133, 1999; No. 40, 2004 |
|
|
Division 3 |
|
|
ad. No. 179, 1992 |
|
|
am. No. 119, 1988; No. 70, 2009; No. 51, 2010 |
|
|
am. No. 75, 1990; No. 128, 2005; No. 5, 2011 |
|
|
am. No. 24, 2001; No. 70, 2009 |
|
|
am. No. 180, 1992; No. 125, 2002; No. 70, 2009 |
|
|
S. 25.................................... |
rep. No. 137, 2000 |
|
am. No. 70, 2009 |
|
|
Note to s. 26....................... |
ad. No. 137, 2000 |
|
Division 4 |
|
|
am. No. 179, 1992 |
|
|
am. No. 133, 1999; No. 100, 2005 |
|
|
am. No. 70, 2009 |
|
|
am. No. 137, 2000 |
|
|
Division 5 |
|
|
am. No. 132, 1992; No. 59, 1995; No. 62, 2004; No. 46, 2011 |
|
|
Notes to s. 36(2), (3)......... |
ad. No. 46, 2011 |
|
am. No. 133, 1999 |
|
|
am. No. 59, 1995 |
|
|
am. No. 122, 1991; No. 146, 1999 |
|
|
am. No. 122, 1991 |
|
|
am. No. 59, 1995; Nos. 133 and 146, 1999 |
|
|
Heading to s. 43A.............. |
am. No. 2, 2000; No. 51, 2010 |
|
ad. No. 59, 1995 |
|
|
|
am. No. 2, 2000; No. 51, 2010 |
|
am. No. 59, 1995 |
|
|
Division 6 |
|
|
Div. 6 of Part II .................. |
ad. No. 59, 1995 |
|
ad. No. 59, 1995 |
|
|
Part IIA |
|
|
Part IIA ............................... |
ad. No. 180, 1992 |
|
Division 1 |
|
|
ad. No. 180, 1992 |
|
|
ad. No. 180, 1992 |
|
|
|
am. No. 70, 2009 |
|
ad. No. 180, 1992 |
|
|
|
am. No. 32, 2005 |
|
Note to s. 46C(1)............... |
ad. No. 70, 2009 |
|
Division 2 |
|
|
ad. No. 180, 1992 |
|
|
ad. No. 180, 1992 |
|
|
|
am. No. 146, 1999 |
|
ad. No. 180, 1992 |
|
|
ad. No. 180, 1992 |
|
|
|
am. No. 46, 2011 |
|
Note to s. 46J..................... |
ad. No. 46, 2011 |
|
Division 3 |
|
|
ad. No. 180, 1992 |
|
|
Part IIB |
|
|
Part IIB ............................... |
ad. No. 133, 1999 |
|
Division 1 |
|
|
ad. No. 133, 1999 |
|
|
ad. No. 133, 1999 |
|
|
|
am. No. 70, 2009 |
|
Note to s. 49PF(3)............. |
am. No. 40, 2004 |
|
ad. No. 133, 1999 |
|
|
ad. No. 133, 1999 |
|
|
|
am. No. 194, 1999 |
|
ad. No. 133, 1999 |
|
|
ad. No. 133, 1999 |
|
|
|
am. No. 24, 2001 |
|
ad. No. 133, 1999 |
|
|
Division 2 |
|
|
Heading to Div. 2 of Part IIB............................ |
rs. No. 194, 1999 |
|
Heading to s. 46PO........... |
am. No. 194, 1999 |
|
ad. No. 133, 1999 |
|
|
|
am. No. 194, 1999; No. 70, 2009 |
|
Note to s. 46PO(1)............. |
am. No. 194, 1999 |
|
ad. No. 133, 1999 |
|
|
|
am. No. 194, 1999 |
|
ad. No. 133, 1999 |
|
|
|
am. No. 194, 1999 |
|
ad. No. 133, 1999 |
|
|
|
am. No. 194, 1999; No. 63, 2002 |
|
Heading to s. 46PS........... |
am. No. 194, 1999 |
|
ad. No. 133, 1999 |
|
|
|
am. No. 194, 1999 |
|
ad. No. 133, 1999 |
|
|
Heading to s. 46PU........... |
am. No. 194, 1999 |
|
ad. No. 133, 1999 |
|
|
|
am. No. 194, 1999 |
|
ad. No. 133, 1999 |
|
|
|
am. No. 194, 1999; No. 40, 2011 |
|
Part IIC |
|
|
Part IIC ............................... |
ad. No. 133, 1999 |
|
Heading to s. 46PW.......... |
am. No. 54, 2009 |
|
ad. No. 133, 1999 |
|
|
|
rs. SLI 2006 No. 50 |
|
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am. Nos. 54 and 124, 2009 |
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ad. No. 133, 1999 |
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Part III |
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am. No. 99, 1988; No. 70, 2009 |
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am. No. 38, 1988; No. 70, 2009 |
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am. No. 119, 1988; No. 24, 2001; No. 70, 2009 |
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Note to s. 49(3).................. |
ad. No. 24, 2001 |
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Note to s. 49(4A)................ |
ad. No. 24, 2001 |
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ad. No. 133, 1999 |
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Heading to s. 49B.............. |
am. No. 194, 1999 |
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ad. No. 133, 1999 |
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am. No. 194, 1999 |
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ad. No. 133, 1999 |
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am. No. 194, 1999 |
Table A
Application, saving or transitional provisions
Human Rights Legislation Amendment Act (No. 1) 1999 (No. 133, 1999)
In this Part:
appropriate Commissioner means:
(a) in relation to a complaint lodged under the old DDA--the Disability Discrimination Commissioner; and
(b) in relation to a complaint lodged under the old RDA--the Race Discrimination Commissioner; and
(c) in relation to a complaint lodged under the old SDA--the Sex Discrimination Commissioner.
Court means the Federal Court of Australia.
holding of an inquiry means a holding of an inquiry referred to in a notice given under:
(a) section 83 of the old DDA; or
(b) section 25E of the old RDA; or
(c) section 63 of the old SDA.
new HREOCA means the Human Rights and Equal Opportunity Commission Act 1986 as amended by Schedule 1 to this Act.
old DDA means the Disability Discrimination Act 1992 before being amended by Schedule 1 to this Act.
old RDA means the Racial Discrimination Act 1975 before being amended by Schedule 1 to this Act.
old SDA means the Sex Discrimination Act 1984 before being amended by Schedule 1 to this Act.
purported complaint means a document purporting to be a complaint.
starting day means the day on which this Part commences.
Division 2--Treatment of complaints lodged before starting day
Subdivision A--Treatment of complaint depends on the stage it has reached
5 Purported complaint lodged but no decision as to whether it is a complaint
(1) A purported complaint is treated in the way set out in subsection (2) if, before the starting day:
(a) it was lodged with the Commission; and
(b) the Commission had not decided whether it was a complaint within the meaning of the old DDA, old RDA or old SDA.
(2) On the starting day:
(a) the purported complaint is taken to have been lodged under section 46P of the new HREOCA; and
(b) the Commission must then decide whether it is a complaint within the meaning of the new HREOCA.
6 Administrative appeal on Commission's decision as to whether complaint
(1) A purported complaint is treated in the way set out in subsection (2) if:
(a) before the starting day, the Commission decided that it was, or was not, a complaint within the meaning of the old DDA, old RDA or old SDA; and
(b) on or after the starting day, the Court makes an order under the Administrative Decisions (Judicial Review) Act 1977 to refer the matter to which the decision relates to the Commission for further consideration.
(2) On the day on which the order is made:
(a) the purported complaint is taken to have been lodged under section 46P of the new HREOCA; and
(b) the Commission must then decide whether it is a complaint within the meaning of the new HREOCA.
7 Complaint lodged but Commissioner not notified of it
(1) A purported complaint is treated in the way set out in subsection (2) if, before the starting day:
(a) it was lodged with the Commission; and
(b) the Commission decided that it was a complaint within the meaning of the old DDA, old RDA or old SDA; and
(c) the Commission had not notified the appropriate Commissioner of it.
(2) On the starting day:
(a) the purported complaint is taken to have been lodged under section 46P of the new HREOCA; and
(b) the Commission is taken to have decided that it is a complaint within the meaning of the new HREOCA.
8 Commissioner notified of complaint but had not decided to dismiss or refer it
(1) A complaint is treated in the way set out in subsection (2) if, before the starting day:
(a) the Commission had notified the appropriate Commissioner of the complaint; and
(b) the appropriate Commissioner had not made a decision not to inquire, or not to continue to inquire, into the complaint; and
(c) the appropriate Commissioner had not referred the complaint to the Commission.
(2) On the starting day, the complaint is taken to have been referred to the President under section 46PD of the new HREOCA.
9 Commissioner decided to dismiss complaint
(1) A complaint is treated in the way set out in subsection (2) if:
(a) before the starting day, the appropriate Commissioner decided not to inquire, or not to continue to inquire, into the complaint; and
(b) on the starting day, the complainant could have required the appropriate Commissioner to:
(i) refer the complaint to the President under section 71 of the old DDA if that section had not been repealed by this Act; or
(ii) refer the Commissioner's decision to the President, or refer the complaint to the Commission, under section 24 of the old RDA if that section had not been repealed by this Act; or
(iii) refer the Commissioner's decision to the President, or refer the complaint to the Commission, under section 52 of the old SDA if that section had not been repealed by this Act.
(2) On the starting day, the President is taken to have terminated the complaint under section 46PH of the new HREOCA.
Note: The President is required to give a notice of termination of the complaint under section 14 of this Act.
10 Presidential review of Commissioner's decision to dismiss complaint
(1) A complaint is treated in the way set out in subsection (2) if, before the starting day:
(a) the appropriate Commissioner decided not to inquire, or not to continue to inquire, into the complaint; and
(b) the complainant required the appropriate Commissioner to refer the complaint, or the Commissioner's decision, to the President; and
(c) the President had not made a decision under whichever of the following sections is applicable:
(i) section 101 of the old DDA;
(ii) section 24AA of the old RDA;
(iii) section 52A of the old SDA.
(2) On the starting day, the President is taken to have terminated the complaint under section 46PH of the new HREOCA.
Note: The President is required to give a notice of termination of the complaint under section 14 of this Act.
11 Administrative review of President's decision
(1) A complaint is treated in the way set out in subsection (2) if:
(a) before the starting day, the President made a decision in relation to the complaint under:
(i) section 101 of the old DDA; or
(ii) section 24AA of the old RDA; or
(iii) section 52A of the old SDA; and
(b) on or after the starting day, the Court makes an order under the Administrative Decisions (Judicial Review) Act 1977 to refer the matter to which the decision relates to the Commission for further consideration.
(2) On the day the order is made, the President is taken to have terminated the complaint under section 46PH of the new HREOCA.
Note: The President is required to give a notice of termination of the complaint under section 14 of this Act.
12 Complaint referred to Commission but inquiry not started
(1) A complaint is treated in the way set out in subsection (2) if, before the starting day:
(a) the appropriate Commissioner referred the complaint to the Commission; and
(b) a holding of an inquiry into the complaint had not started under the old DDA, old RDA or old SDA; and
(c) the complaint had not been withdrawn under whichever of the following sections is applicable:
(i) section 79 of the old DDA;
(ii) section 25A of the old RDA;
(iii) section 59 of the old SDA.
(2) On the starting day, the President is taken to have terminated the complaint under section 46PH of the new HREOCA.
Note: The President is required to give a notice of termination of the complaint under section 14 of this Act.
(1) A complaint is treated in the way set out in subsection (2) if, before the starting day:
(a) a holding of an inquiry into the complaint had started under the old DDA, old RDA or old SDA; and
(b) the complaint had not been withdrawn under whichever of the following sections is applicable:
(i) section 79 of the old DDA;
(ii) section 25A of the old RDA;
(iii) section 59 of the old SDA.
(2) The amendments made by Schedule 1 to this Act do not apply in relation to the complaint.
Subdivision B--Other rules about complaints lodged before starting day
(1) If the President is taken to have terminated a complaint under section 9, 10, 11 or 12, then the President must notify the complainants in writing of the termination and the reasons for the termination.
(2) Subsection (1) does not apply if all the complainants requested the appropriate Commissioner not to inquire into the complaint.
(3) The President must give a person a copy of the notice that was given to the complainants under subsection (1) if:
(a) the person was a person on whose behalf the complaint was lodged; and
(b) the person requested the President for a copy of the notice.
(4) The President is not required to notify any person under section 46PH of the new HREOCA.
15 Work done by Commissioner is taken to have been done by President
Any thing done, or information obtained, by the appropriate Commissioner in relation to a complaint that is referred to the President under section 8 is taken to have been done or obtained by the President.
16 Special rules apply to proceedings to enforce a determination
Sections 46PQ, 46PR and 46PT of the new HREOCA apply for the purposes of proceedings in the Court:
(a) for an order to enforce a determination in relation to a complaint; or
(b) for an order directing a Commonwealth agency (or the principal executive of a Commonwealth agency) to comply;
if the proceedings started on or after the starting day under:
(c) section 105A or 106F of the old DDA; or
(d) section 25ZC or 25ZI of the old RDA; or
(e) section 83A or 84F of the old SDA.
Division 3--Other transitional and application provisions
17 Protection from civil actions
The amendments made by items 30, 31, 83, 84, 119 and 120 of Schedule 1 do not apply to a complaint lodged before the starting day under the old DDA, old RDA or old SDA.
18 Referrals under the old SDA
The amendments made by items 1, 2, 85, 86, 97, 100, 122, 123, 124 and 125 of Schedule 1 do not apply to a complaint lodged before the starting day under section 50A, 50C or 50E of the old SDA.
19 Inquiries started by Human Rights Commissioner
The amendment made by item 52 of Schedule 1 does not apply in relation to an inquiry that the Human Rights Commissioner started before the starting day.
20 When a person cannot lodge a complaint under the new HREOCA
A person cannot lodge a complaint under section 46P of the new HREOCA if:
(a) the person is a class member for a representative complaint in respect of the same subject matter; and
(b) a holding of an inquiry into the representative complaint had started under the old DDA, old RDA or old SDA.
(1) The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, regulations may be made in relation to matters of a transitional or saving nature arising out of the enactment of this Act.
22 Transitional--powers of a Secretary
A thing done by the Commission before the commencement of this section in exercising 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 President after the commencement of this section of powers referred to in that subsection, as if the thing had been done by the President.
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)
Schedule 2
418 Transitional--pre-commencement offences
(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:
(a) an offence committed before the commencement of this item; or
(b) proceedings for an offence alleged to have been committed before the commencement of this item; or
(c) any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.
(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.
419 Transitional--pre-commencement notices
If:
(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and
(b) any or all of those other provisions are repealed by this Schedule; and
(c) the first-mentioned provision is amended by this Schedule;
the amendment of the first-mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)
(1) Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 (No. 70, 2009)
Schedule 3
130 Application
Subparagraph 20(2)(c)(vii) of the Human Rights and Equal Opportunity Commission Act 1986, as added by this Part, applies in relation to complaints made to the Commission before, on or after the commencement of this Part.
148 Application
Subparagraph 32(3)(c)(vii) of the Human Rights and Equal Opportunity Commission Act 1986, as added by this Part, applies in relation to complaints made to the Commission before, on or after the commencement of this Part.
153 Application
Subsection 46PF(5) of the Human Rights and Equal Opportunity Commission Act 1986, as added by this Part, applies in relation to complaints referred to the President before, on or after the commencement of this Part.
155 Application
The amendment of subsection 46PO(2) of the Human Rights and Equal Opportunity Commission Act 1986 made by this Part applies in relation to a notice issued under subsection 46PH(2) of that Act:
(a) within 28 days before the commencement of this Part; or
(b) on or after the commencement of this Part.
158 Application
(1) Subsection 47(2) of the Human Rights and Equal Opportunity Commission Act 1986, as amended by this Part, applies to declarations made after the commencement of this Part.
(2) Subsection 47(3) of the Human Rights and Equal Opportunity Commission Act 1986, as amended by this Part, applies to declarations made before, on or after the commencement of this Part.
Financial Framework Legislation Amendment Act 2010 (No. 148, 2010)
Schedule 1
2 Property held by Commission
Any real or personal property that was held by the Commission immediately before this Schedule commences is taken, after this Schedule commences, to be real or personal property held by the Commission for and on behalf of the Commonwealth.
3 Right to sue
To avoid doubt, the Commission's right to sue is not affected by the amendment of the Australian Human Rights Commission Act 1986 in accordance with this Schedule.
Sex and Age Discrimination Legislation Amendment Act 2011 (No. 40, 2011)
Schedule 2
14 Amendment made by item 10
The amendment made by item 10 applies in relation to proceedings:
(a) that commence on or after the commencement of that item; or
(b) that commenced before the commencement of that item, and that had not been completed by that commencement.
Acts Interpretation Amendment Act 2011 (No. 46, 2011)
Schedule 3
10 Saving--appointments
The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.
11 Transitional regulations
The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.