Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 4 of 1984 as amended
This compilation was prepared on 5 August 2009
taking into account amendments up to Act No. 70 of 2009
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............ Objects ................................................................................................ 1
4............ Interpretation ...................................................................................... 2
4A......... Meaning of family responsibilities ...................................................... 7
4B......... Meaning of potential pregnancy ......................................................... 8
5............ Sex discrimination ............................................................................... 9
6............ Discrimination on the ground of marital status .................................. 9
7............ Discrimination on the ground of pregnancy or potential pregnancy 10
7A......... Discrimination on the ground of family responsibilities .................. 10
7B......... Indirect discrimination: reasonableness test ..................................... 11
7C......... Burden of proof ................................................................................ 11
7D......... Special measures intended to achieve equality ................................. 11
8............ Act done for 2 or more reasons ........................................................ 12
9............ Application of Act ........................................................................... 12
10.......... Operation of State and Territory laws ............................................. 16
11.......... Operation of State and Territory laws that further objects of Convention 17
11A....... Operation of State and Territory laws that further objects of other instruments 18
12.......... Extent to which Act binds the Crown .............................................. 19
13.......... Extent to which Act applies to State instrumentalities .................... 19
13A....... Application of the Criminal Code .................................................... 19
Part II--Prohibition of discrimination 21
Division 1--Discrimination in work 21
14.......... Discrimination in employment or in superannuation ....................... 21
15.......... Discrimination against commission agents ....................................... 22
16.......... Discrimination against contract workers .......................................... 22
17.......... Partnerships ...................................................................................... 23
18.......... Qualifying bodies .............................................................................. 23
19.......... Registered organisations under the Fair Work (Registered Organisations) Act 2009 24
20.......... Employment agencies ....................................................................... 24
Division 2--Discrimination in other areas 26
21.......... Education .......................................................................................... 26
22.......... Goods, services and facilities ............................................................ 26
23.......... Accommodation ................................................................................ 27
24.......... Land .................................................................................................. 28
25.......... Clubs ................................................................................................. 28
26.......... Administration of Commonwealth laws and programs .................... 30
27.......... Requests for information .................................................................. 30
Division 3--Sexual harassment 32
28A....... Meaning of sexual harassment ......................................................... 32
28B....... Employment, partnerships etc. ........................................................ 32
28C....... Members of bodies with power to grant etc. occupational qualifications etc. 33
28D....... Registered organisations ................................................................... 33
28E........ Employment agencies ....................................................................... 34
28F........ Educational institutions .................................................................... 34
28G....... Provision of goods, services and facilities ........................................ 34
28H....... Provision of accommodation ............................................................ 34
28J........ Land .................................................................................................. 35
28K....... Clubs ................................................................................................. 35
28L........ Commonwealth laws and programs .................................................. 35
Division 4--Exemptions 36
30.......... Certain discrimination on ground of sex not unlawful ...................... 36
31.......... Pregnancy or childbirth ..................................................................... 37
32.......... Services for members of one sex ....................................................... 37
34.......... Accommodation provided for employees or students ..................... 37
35.......... Residential care of children ............................................................... 38
36.......... Charities ............................................................................................ 38
37.......... Religious bodies ................................................................................ 39
38.......... Educational institutions established for religious purposes ............. 39
39.......... Voluntary bodies .............................................................................. 40
40.......... Acts done under statutory authority ................................................ 40
41.......... Insurance ........................................................................................... 41
41A....... New superannuation fund conditions ............................................... 42
41B....... Existing superannuation fund conditions .......................................... 44
42.......... Sport ................................................................................................. 45
43.......... Combat duties etc. ............................................................................ 45
44.......... Commission may grant exemptions .................................................. 46
45.......... Review by Administrative Appeals Tribunal .................................. 47
46.......... Notice of decisions to be published .................................................. 47
47.......... Effect of exemptions ......................................................................... 47
Part III--Functions of the Australian Human Rights Commission 48
Division 1--Preliminary 48
48.......... Functions of the Commission ........................................................... 48
Part IV--Offences 50
85.......... Unlawful act not offence unless expressly so provided ................... 50
86.......... Advertisements ................................................................................. 50
87.......... Failure to provide actuarial or statistical data ................................... 50
92.......... Particulars of complaints not to be communicated ........................... 51
94.......... Victimisation ..................................................................................... 53
95.......... Obstruction etc. ................................................................................ 54
Part V--Sex Discrimination Commissioner 55
96.......... Sex Discrimination Commissioner .................................................... 55
97.......... Terms and conditions of appointment ............................................. 55
98.......... Remuneration of Commissioner ....................................................... 55
99.......... Leave of absence ............................................................................... 55
100........ Outside employment ........................................................................ 56
101........ Resignation ....................................................................................... 56
102........ Termination of appointment ............................................................ 56
103........ Acting Commissioner ....................................................................... 56
Part VI--Miscellaneous 58
104........ Delegation ......................................................................................... 58
105........ Liability of persons involved in unlawful acts ................................. 58
106........ Vicarious liability etc. ....................................................................... 58
107........ Acts done on behalf of bodies .......................................................... 59
108........ Commonwealth deemed to be employer .......................................... 59
110........ Unlawful act not basis of civil action unless expressly so provided 59
111........ Protection from civil actions ............................................................. 59
112........ Non‑disclosure of private information ............................................. 60
113........ Information stored otherwise than in written form .......................... 62
114........ Commissioner to furnish information ............................................... 62
116........ Regulations ....................................................................................... 62
Schedule--Convention on the Elimination of all Forms of Discrimination Against Women 63
Notes 79
An Act relating to discrimination on the ground of sex, marital status, pregnancy, potential pregnancy or family responsibilities or involving sexual harassment
Recognising the need to prohibit, so far as is possible, discrimination against people on the ground of sex, marital status, pregnancy or potential pregnancy in the areas of work, accommodation, education, the provision of goods, facilities and services, the disposal of land, the activities of clubs and the administration of Commonwealth laws and programs:
Affirming that every individual is equal before and under the law, and has the right to the equal protection and equal benefit of the law, without discrimination on the ground of sex, marital status, pregnancy or potential pregnancy:
Notes to
the
Sex Discrimination Act 1984 Note 1 The Sex Discrimination Act 1984 as shown in this
compilation comprises Act No. 4, 1984 amended as indicated in the Tables
below. The Sex Discrimination Act 1984 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. 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 |
|||||
|
4, 1984 |
21 Mar 1984 |
1 Aug 1984 (see Gazette 1984, |
|
||||||
|
72, 1984 |
25 June 1984 |
S. 3: 1 Aug 1984 (a) |
Ss. 2(24) and 5(1) |
||||||
|
65, 1985 |
5 June 1985 |
S. 3: 3 July 1985 (b) |
S. 16 |
||||||
|
76, 1986 |
24 June 1986 |
S. 3: Royal Assent (c) |
S. 9 |
||||||
|
Human Rights and Equal Opportunity Commission (Transitional Provisions and Consequential Amendments) Act 1986 |
126, 1986 |
6 Dec 1986 |
10 Dec 1986 (see s. 2 and Gazette 1986, No. S631) |
Ss. 44(2), 46 and 47 |
|||||
|
38, 1988 |
3 June 1988 |
S. 3: Royal Assent (d) |
S. 5(1) |
||||||
|
Commonwealth Employees' Rehabilitation and Compensation Act 1988 |
75, 1988 |
24 June 1988 |
Ss. 1 and 2: Royal Assent |
-- |
|||||
|
80, 1988 |
24 June 1988 |
1 July 1988 (see Gazette 1988, No. S190) |
-- |
||||||
|
87, 1988 |
8 Nov 1988 |
Ss. 1 and 2: Royal Assent |
-- |
||||||
|
115, 1990 |
21 Dec 1990 |
Part 4 (s. 49): Royal Assent (e) |
-- |
||||||
|
70, 1991 |
25 June 1991 |
1 July 1991 (see s. 2) |
-- |
||||||
|
71, 1991 |
25 June 1991 |
Part 1 (ss. 1-3), ss. 4, 7, 8, Parts 3 and 4
(ss. 11-23): 1 Aug 1991 |
S. 3 |
||||||
|
as amended by |
|
|
|
|
|||||
|
13, 1994 |
18 Jan 1994 |
S. 24: Royal Assent (f) |
-- |
||||||
|
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) |
-- |
|||||
|
165, 1992 |
11 Dec 1992 |
Schedule (Part 2): 8 Jan 1993 (g) |
S. 3(3) and (4) |
||||||
|
Sex Discrimination and other Legislation Amendment Act 1992 |
179, 1992 |
16 Dec 1992 |
13 Jan 1993 |
Ss. 2(2) and 4 |
|||||
|
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): (h) |
S. 2(6) (am. by 60, 1993, s. 4; 168, 1994, s. 3) |
||||||
|
as amended by |
|
|
|
|
|||||
|
60, 1993 |
3 Nov 1993 |
10 Mar 1993 |
-- |
||||||
|
168, 1994 |
16 Dec 1994 |
S. 3 (item 17): Royal Assent (i) |
-- |
||||||
|
Industrial Relations and other Legislation Amendment Act 1993 |
109, 1993 |
22 Dec 1993 |
Ss. 1, 2 and 58: Royal Assent |
-- |
|||||
|
13, 1994 |
18 Jan 1994 |
Ss. 21, 23, 25 and 26: Royal Assent (j) |
S. 25(2) |
||||||
|
Veterans' Affairs (1994‑95 Budget Measures) Legislation Amendment Act (No. 2) 1994 |
164, 1994 |
16 Dec 1994 |
Part 4 (s. 60): Royal Assent (k) |
-- |
|||||
|
22, 1995 |
29 Mar 1995 |
29 Mar 1995 |
-- |
||||||
|
59, 1995 |
28 June 1995 |
S. 3 (item 25): 30 Oct 1992 |
Ss. 4 and 5 |
||||||
|
165, 1995 |
16 Dec 1995 |
16 Dec 1995 |
-- |
||||||
|
Industrial Relations and other Legislation Amendment Act 1995 |
168, 1995 |
16 Dec 1995 |
Ss. 1-12, Schedules 5 and 7-10: Royal Assent |
-- |
|||||
|
Workplace Relations and Other Legislation Amendment Act 1996 |
60, 1996 |
25 Nov 1996 |
Schedule 9 (item 2(9)): 31 Dec 1996 (see Gazette 1996, No. S535) |
S. 2(2) and (6) (am. by 77, 1996, Sch. 3 [items 1,
2]) |
|||||
|
as amended by |
|
|
|
|
|||||
|
Workplace Relations and Other Legislation Amendment Act (No. 2) 1996 |
77, 1996 |
19 Dec 1996 |
Schedule 3 (items 1, 2): (m) |
-- |
|||||
|
133, 1999 |
13 Oct 1999 |
(see 133, 1999 below) |
-- |
||||||
|
Student and Youth Assistance (Sex Discrimination Amendment) Act 1997 |
171, 1997 |
17 Nov 1997 |
17 Nov 1997 |
-- |
|||||
|
116, 1999 |
22 Sept 1999 |
Schedule 5 (item 14): 1 Jan 2001 (n) |
-- |
||||||
|
133, 1999 |
13 Oct 1999 |
Ss. 1-3 and 21: Royal Assent |
Ss. 4-22 [see Table A] |
||||||
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (items 812-814): 5 Dec 1999 (see Gazette 1999, No. S584) (o) |
-- |
|||||
|
Australian Security Intelligence Organisation Legislation Amendment Act 1999 |
161, 1999 |
10 Dec 1999 |
Schedule 3 (items 1, 57): (p) |
-- |
|||||
|
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 45: (q) |
S. 4(1) and (2) [see Table A] |
|
||||
|
Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002 |
105, 2002 |
14 Nov 2002 |
Schedule 3 (item 61): 12 May 2003 (see Gazette 2002, No. GN49) |
-- |
|
||||
|
103, 2003 |
15 Oct 2003 |
Schedule 1: 12 Nov 2003 |
-- |
|
|||||
|
40, 2004 |
21 Apr 2004 |
Schedule 2 (item 28): (r) |
-- |
|
|||||
|
86, 2005 |
6 July 2005 |
6 July 2005 |
-- |
|
|||||
|
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 |
144, 2008 |
9 Dec 2008 |
Schedule 2 (items 76-84) 10 Dec 2008 |
-- |
|
||||
|
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 |
54, 2009 |
25 June 2009 |
S. 4: Royal Assent |
S. 4 and Sch. 5 (items 87, 88) [see Table A] |
|
||||
|
Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 |
70, 2009 |
8 July 2009 |
Schedule 3 (items 74-92, 115, 116, 179, 180) and Schedule 4 (items 6-14): 5 Aug 2009 |
-- |
|
||||
(a) The Sex Discrimination Act 1984 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, subsection 2(19) of which provides as follows:
(19) The amendments of the Sex Discrimination Act 1984 made by this Act shall come into operation on the commencement of that Act.
(b) The Sex Discrimination Act 1984 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.
(c) The Sex Discrimination Act 1984 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(d) The Sex Discrimination Act 1984 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.
(e) The Sex Discrimination Act 1984 was amended by Part 4 (section 49) only of the Law and Justice 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.
(f) The Sex Discrimination Amendment Act 1991 was amended by section 24 only of the Law and Justice Legislation Amendment Act 1993, 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.
(g) The Sex Discrimination Act 1984 was amended by the Schedule (Parts 2 and 3) only of the Law and Justice Legislation Amendment Act (No. 3) 1992, subsections 2(7) and (8) of which provide as follows:
(7) Part 2 of the Schedule commences on the 28th day after the day on which this Act receives the Royal Assent.
(8) Part 3 of the Schedule commences immediately after the commencement of section 9 of the Sex Discrimination Amendment Act 1991.
Section 9 of the Sex Discrimination Amendment Act 1991 commenced on 25 June 1993.
(h) The Sex Discrimination Act 1984 was amended by the Schedule (Parts 3 and 6) only of 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.
(i) The Qantas Sale Act 1992 was amended by section 3 (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.
(j) The Sex Discrimination Act 1984 was amended by sections 21-23, 25 and 26 only of the Law and Justice Legislation Amendment Act 1993, subsections 2(1) and (2) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Section 22 is taken to have commenced on 13 January 1993.
(k) The Sex Discrimination Act 1984 was amended by Part 4 (section 60) only of the Veterans' Affairs (1994‑95 Budget Measures) Legislation Amendment Act (No. 2) 1994, subsection 2(1) of which provides as follows:
(1) Part 1, Divisions 1 and 11 of Part 2 and Parts 3 and 4 commence on the day on which this Act receives the Royal Assent.
(l) The Sex Discrimination Act 1984 was amended by Schedule 11 (items 62-71) and Schedule 19 (items 46, 47) only of the Workplace Relations and Other Legislation Amendment Act 1996, subsections 2(1) and (2) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Subject to subsection (3), the items of the Schedules, other than Schedule 5, item 1 of Schedule 9, items 2 and 3 of Schedule 12, item 90 of Schedule 16 and the items of Schedule 19, commence on a day or days to be fixed by Proclamation.
(m) The Workplace Relations and Other Legislation Amendment Act 1996 was amended by Schedule 3 (items 1 and 2) only of the Workplace Relations and Other Legislation Amendment Act (No. 2) 1996, subsection 2(4) of which provides as follows:
(4) The items of Schedule 3 are taken to have commenced immediately after the Workplace Relations and Other Legislation Amendment Act 1996 received the Royal Assent.
The Workplace Relations and Other Legislation Amendment Act 1996 received the Royal Assent on 25 November 1996.
(n) The Sex Discrimination Act 1984 was amended by Schedule 5 (item 14) only of the Defence Legislation Amendment Act (No. 1) 1999, subsection 2(4) of which provides as follows:
(4) Schedule 5 commences on 1 January 2001.
(o) The Sex Discrimination Act 1984 was amended by Schedule 1 (items 812-814) 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.
(p) The Sex Discrimination Act 1984 was amended by Schedule 3 (items 1 and 57) 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 commence on Royal Assent.
(q) The Sex Discrimination Act 1984 was amended by Schedule 45 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.
(r) Subsection 2(1) (item 7) 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.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
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) |
The Australian Human Rights Commission Legislation Bill 2004 was not enacted. Therefore the amendment made by Schedule 2 (item 28) did not commence.
(s) Subsection 2(1) (items 13, 17 and 21) 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 (see F2009L02563) |
|
17. Schedule 5, items 70 to 79 |
Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009. |
1 July 2009 (see F2009L02563) |
|
21. Schedule 5, Part 3 |
Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009. |
1 July 2009 (see F2009L02563) |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Title ..................................... |
am. No. 180, 1992; No. 165, 1995 |
|
Part I |
|
|
S. 3 ..................................... |
am. Nos. 179 and 180, 1992; No. 165, 1995 |
|
S. 4 ..................................... |
am. No. 72, 1984; No. 126, 1986; Nos. 80 and 87, 1988; No. 115, 1990; No. 71, 1991; Nos. 179 and 180, 1992: No. 165, 1995; No. 60, 1996; Nos. 116, 133, 146 and 161, 1999; No. 105, 2002; SLI 2006 No. 50; No. 54, 2009; No. 70, 2009 |
|
S. 4A .................................. |
ad. No. 180, 1992 |
|
|
am. No. 144, 2008 |
|
S. 4B .................................. |
ad. No. 165, 1995 |
|
S. 5 ..................................... |
am. No. 165, 1995; No. 103, 2003 |
|
S. 6 ..................................... |
am. No. 165, 1995 |
|
S. 7 ..................................... |
rs. No. 165, 1995 |
|
S. 7A .................................. |
ad. No. 180, 1992 |
|
Ss. 7B-7D .......................... |
ad. No. 165, 1995 |
|
S. 8 ..................................... |
am. No. 180, 1992 |
|
S. 9 ..................................... |
am. No. 179, 1992; No. 165, 1995; No. 144, 2008; No. 70, 2009 |
|
S. 10 ................................... |
am. No. 165, 1995; No. 133, 1999; No. 144, 2008; No. 70, 2009 |
|
S. 11 ................................... |
am. No. 165, 1995; No. 133, 1999; No. 70, 2009 |
|
S. 11A ................................ |
ad. No. 144, 2008 |
|
|
am. No. 70, 2009 |
|
S. 13 ................................... |
am. No. 13, 1994 |
|
S. 13A ................................ |
ad. No. 24, 2001 |
|
Part II |
|
|
Division 1 |
|
|
S. 14 ................................... |
am. No. 71, 1991; No. 180, 1992; No. 13, 1994; No. 165, 1995 |
|
Ss. 15-18 ........................... |
am. No. 165, 1995 |
|
Heading to s. 19 ................. |
am. No. 165, 1995; No. 60, 1996; No. 105, 2002; No. 54, 2009 |
|
S. 19.................................... |
am. No. 165, 1995; No. 54, 2009 |
|
S. 20.................................... |
am. No. 165, 1995 |
|
Division 2 |
|
|
Ss. 21-26 ........................... |
am. No. 165, 1995 |
|
Heading to s. 27 ................. |
rs. No. 103, 2003 |
|
S. 27 ................................... |
am. No. 165, 1995; No. 103, 2003 |
|
Note to s. 27(2) .................. |
ad. No. 103, 2003 |
|
Division 3 |
|
|
Div. 3 of Part II .................... |
rs. No. 179, 1992 |
|
Ss. 28, 29 ........................... |
rep. No. 179, 1992 |
|
Ss. 28A-28H....................... |
ad. No. 179, 1992 |
|
Ss. 28J-28L ....................... |
ad. No. 179, 1992 |
|
Division 4 |
|
|
S. 33 ................................... |
rep. No. 165, 1995 |
|
S. 40 ................................... |
am. Nos. 38 and 75, 1988; Nos. 70 and 71, 1991; No. 164, 1994; Nos. 22 and 165, 1995; No. 60, 1996; No. 171, 1997; SLI 2006 No. 50; No. 54, 2009 |
|
Note to s. 40(1)................... |
rs. No. 54, 2009 |
|
Note to s. 40 ....................... |
ad. No. 86, 2005 |
|
S. 40A ................................ |
ad. No. 71, 1991 |
|
|
rep. No. 70, 2009 |
|
S. 41 ................................... |
rs. No. 71, 1991 |
|
|
am. No. 165, 1992 |
|
Ss. 41A, 41B ...................... |
ad. No. 71, 1991 |
|
S. 43 ................................... |
am. No. 165, 1995 |
|
S. 44 ................................... |
am. No. 65, 1985; No. 71, 1991; No. 165, 1992; No. 59, 1995 |
|
Part III |
|
|
Heading to Part III................. |
rs. No. 133, 1999; No. 70, 2009 |
|
Division 1 |
|
|
S. 47A ................................ |
ad. No. 179, 1992 |
|
|
rep. No. 133, 1999 |
|
Heading to s. 48.................. |
rs. No. 70, 2009 |
|
S. 48 ................................... |
am. No. 126, 1986; No. 179, 1992; No. 165, 1995; No. 133, 1999 |
|
Note to s. 48(1)................... |
ad. No. 133, 1999 |
|
|
am. No. 70, 2009 |
|
S. 49 ................................... |
am. No. 126, 1986; No. 179, 1992 |
|
|
rep. No. 133, 1999 |
|
S. 50 ................................... |
am. No. 179, 1992 |
|
|
rep. No. 133, 1999 |
|
Heading to s. 50A............... |
am. No. 60, 1996 |
|
|
rep. No. 133, 1999 |
|
S. 50A................................. |
ad. No. 179, 1992 |
|
|
am. No. 60, 1996 |
|
|
rep. No. 133, 1999 |
|
Heading to s. 50B................ |
am. No. 60, 1996 |
|
|
rep. No. 133, 1999 |
|
S. 50B................................. |
ad. No. 179, 1992 |
|
|
am. No. 60, 1996 |
|
|
rep. No. 133, 1999 |
|
Ss. 50C, 50D ...................... |
ad. No. 109, 1993 |
|
|
rep. No. 133, 1999 |
|
Ss. 50E, 50F ....................... |
ad. No. 168, 1995 |
|
|
rep. No. 133, 1999 |
|
S. 51.................................... |
rep. No. 133, 1999 |
|
Div. 2 of Part III.................... |
rep. No. 133, 1999 |
|
S. 52 ................................... |
am. No. 38, 1988; No. 165, 1992 |
|
|
rep. No. 133, 1999 |
|
Ss. 52A, 52B ...................... |
ad. No. 165, 1992 |
|
|
rep. No. 133, 1999 |
|
Ss. 53-57............................ |
rep. No. 133, 1999 |
|
Heading to Div. 3 of Part III . |
rs. No. 126, 1986 |
|
|
rep. No. 133, 1999 |
|
Div. 3 of Part III.................... |
rep. No. 133, 1999 |
|
S. 57A ................................ |
ad. No. 126, 1986 |
|
|
rep. No. 133, 1999 |
|
Ss. 58, 59............................ |
rep. No. 133, 1999 |
|
S. 60 ................................... |
am. No. 126, 1986 |
|
|
rep. No. 133, 1999 |
|
Ss. 61-68............................ |
rep. No. 133, 1999 |
|
Ss. 69, 70 ........................... |
rs. No. 179, 1992 |
|
|
rep. No. 133, 1999 |
|
S. 70A ................................ |
ad. No. 179, 1992 |
|
|
rep. No. 133, 1999 |
|
S. 71 ................................... |
am. No. 179, 1992 |
|
|
rep. No. 133, 1999 |
|
S. 72 ................................... |
rs. No. 179, 1992 |
|
|
rep. No. 133, 1999 |
|
Ss. 73-75............................ |
rep. No. 133, 1999 |
|
S. 75A ................................ |
ad. No. 76, 1986 |
|
|
rep. No. 133, 1999 |
|
S. 76.................................... |
rep. No. 133, 1999 |
|
S. 77 ................................... |
am. No. 179, 1992 |
|
|
rep. No. 133, 1999 |
|
Ss. 78, 79............................ |
rep. No. 133, 1999 |
|
S. 80 ................................... |
am. No. 126, 1986; No. 179, 1992 |
|
|
rep. No. 133, 1999 |
|
S. 81 ................................... |
am. No. 38, 1988; No. 179, 1992 |
|
|
rep. No. 133, 1999 |
|
S. 82 ................................... |
am. No. 165, 1992 |
|
|
rs. No. 179, 1992 |
|
|
rep. No. 133, 1999 |
|
S. 82A ................................ |
ad. No. 179, 1992 |
|
|
rep. No. 59, 1995 |
|
S. 82B ................................ |
ad. No. 179, 1992 |
|
|
am. No. 13, 1994 |
|
|
rep. No. 59, 1995 |
|
S. 82C ................................ |
ad. No. 179, 1992 |
|
|
rep. No. 59, 1995 |
|
S. 83.................................... |
rep. No. 133, 1999 |
|
S. 84 ................................... |
am. No. 179, 1992; No. 13, 1994 |
|
|
rep. No. 59, 1995 |
|
Div. 3A of Part III ................. |
ad. No. 59, 1995 |
|
|
rep. No. 133, 1999 |
|
Ss. 83A-83F....................... |
ad. No. 59, 1995 |
|
|
rep. No. 133, 1999 |
|
S. 84.................................... |
ad. No. 59, 1995 |
|
|
rep. No. 133, 1999 |
|
Div. 4 of Part III ................... |
ad. No. 179, 1992 |
|
|
rep. No. 133, 1999 |
|
Ss. 84A-84F ...................... |
ad. No. 179, 1992 |
|
|
rep. No. 133, 1999 |
|
Part IV |
|
|
S. 86 ................................... |
am. No. 24, 2001; No. 70, 2009 |
|
S. 87 ................................... |
am. No. 165, 1992; No. 133, 1999; No. 24, 2001; No. 70, 2009 |
|
Ss. 88-91 ........................... |
rep. No. 133, 1999 |
|
S. 92 ................................... |
am. No. 72, 1984; No. 126, 1986; No. 38, 1988; No. 165, 1992; No. 133, 1999; No. 24, 2001; No. 70, 2009 |
|
S. 93 ................................... |
am. No. 133, 1999 |
|
|
rep. No. 137, 2000 |
|
S. 94 ................................... |
am. No. 133, 1999; No. 70, 2009 |
|
S. 95 ................................... |
am. No. 24, 2001 |
|
Part V |
|
|
S. 96 ................................... |
am. No. 59, 1995; No. 70, 2009 |
|
S. 97 ................................... |
am. No. 126, 1986; No. 133, 1999 |
|
S. 98 ................................... |
am. No. 59, 1995 |
|
S. 99 ................................... |
rs. No. 132, 1992 |
|
|
am. No. 146, 1999 |
|
Ss. 102, 103 ....................... |
am. No. 132, 1992 |
|
Part VI |
|
|
S. 104 ................................. |
am. No. 132, 1992; No. 133, 1999 |
|
S. 107 ................................. |
am. No. 133, 1999 |
|
S. 109 ................................. |
am. No. 87, 1988; No. 60, 1996; SLI 2006 No. 50 |
|
|
rep. No. 54, 2009 |
|
S. 111 ................................. |
am. No. 133, 1999; No. 70, 2009 |
|
S. 112 ................................. |
am. No. 126, 1986; No. 24, 2001; No. 70, 2009 |
|
Note to s. 112(3) ................ |
ad. No. 24, 2001 |
|
S. 115 ................................. |
rep. No. 133, 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.
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 (No. 54, 2009)
In this Act:
WR Act repeal day has the meaning given by Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
Schedule 5
87 Application of item 54
Despite the amendment made by item 54 of this Schedule, the Sex Discrimination Act 1984, as in force immediately before the WR Act repeal day, continues to apply, in relation to a decision of the Australian Fair Pay Commission (whether made before or after that day), as if that amendment had not been made.
88 Application of item 77
Despite the amendment made by item 77 of this Schedule, subsection 40(1) of the Sex Discrimination Act 1984, as in force immediately before the commencement of that amendment, continues to apply on and after that commencement in relation to a decision of the Australian Fair Pay Commission made before that commencement.