Commonwealth Numbered Acts

HUMAN RIGHTS LEGISLATION AMENDMENT ACT 1995 No. 59 of 1995 - SCHEDULE 1

                             SCHEDULE                Section 3

AMENDMENTS OF ACTS PART 1-AMENDMENTS OF THE
DISABILITY DISCRIMINATION ACT 1992, THE PRIVACY ACT 1988, THE
RACIAL DISCRIMINATION ACT 1975 AND THE SEX DISCRIMINATION ACT 1984 RELATING TO
ENFORCEMENT OF DETERMINATIONS Disability Discrimination Act 1992 1. Sections
104A, 104B and 104C: Repeal the sections. 2. Section 106: Repeal the section,
substitute:

"Division 3A-Enforcement of determinations involving respondents other than
Commonwealth agencies

"Subdivision A-Determinations made after commencement of Division Proceedings
in the Federal Court to enforce a determination

"105A.(1) The Commission, the complainant, or a person acting on behalf of the
complainant, may commence proceedings in the Federal Court for an order to
enforce a determination made under subsection 102(1) or 103(1) after the
commencement of this Division, except where the respondent to the
determination is a Commonwealth agency or the principal executive of a
Commonwealth agency.

"(2) If the Court is satisfied that the respondent has engaged in conduct or
committed an act that is unlawful under this Act, the Court may make such
orders (including a declaration of right) as it thinks fit.

"(3) The Court may, if it thinks fit, grant an interim injunction pending the
determination of the proceedings.

"(4) The Court is not to require a person, as a condition of granting an
interim injunction, to give an undertaking as to damages.

"(5) In the proceedings, the question whether the respondent has engaged in
conduct or committed an act that is unlawful under this Act is to be dealt
with by the Court by way of a hearing de novo, but the Court may receive as
evidence any of the following:

   (a)  a copy of the Commission's written reasons for the determination;

   (b)  a copy of any document that was before the Commission;

   (c)  a copy of the record (including any tape recording) of the
        Commission's inquiry into the complaint.

"(6) In this section:
'complainant', in relation to a representative complaint, means any of the
class members. Assistance in proceedings before the Federal Court

"105B.(1) A person who:

   (a)  has commenced or proposes to commence proceedings in the Federal Court
        under section 105A; or

   (b)  has done or is alleged to have done an act in respect of which
        proceedings have been commenced in the Federal Court under section
        105A; may apply to the Attorney-General for the provision of
        assistance under this section in respect of the proceedings.

"(2) If:

   (a)  an application is made by a person under subsection (1); and

   (b)  the Attorney-General is satisfied that:

        (i)    it will involve hardship to that person to refuse the
               application; and

        (ii)   in all the circumstances, it is reasonable to grant the
               application; the Attorney-General may authorise the provision
               by the Commonwealth to that person, on such conditions (if any)
               as the Attorney-General determines, of such legal or financial
               assistance in respect of the proceedings as the
               Attorney-General determines.

"Subdivision B-Determinations made from 1 March 1993 to commencement of
Division Interpretation

"105C. In this Subdivision:
'recovery proceedings', in relation to a Subdivision B determination, means
proceedings before any court in which the respondent to the determination is
seeking to recover an amount, or is seeking some other remedy, in respect of
money paid, or conduct engaged in or not engaged in, by the respondent
pursuant to the determination;
'Subdivision B determination' means a determination made under subsection
102(1) or 103(1) during the period starting on 1 March 1993 and ending on the
commencement of this Division, except where the respondent to the
determination is a Commonwealth agency or the principal executive of a
Commonwealth agency. Proceedings in the Federal Court in relation to a
Subdivision B determination

"105D.(1) A person referred to in subsection (2) may commence proceedings in
the Federal Court for an order under this section in relation to a Subdivision
B determination.

"(2) The following persons may commence proceedings under subsection (1):

   (a)  the Commission;

   (b)  the complainant;

   (c)  a person acting on behalf of the complainant;

   (d)  the respondent to the determination.

"(3) The Court must consider whether the respondent to the determination has
engaged in conduct or committed an act that is unlawful under this Act, and
may, subject to subsection (4), make such orders (including a declaration of
right) as it thinks fit.

"(4) In deciding what orders to make under subsection (3), the Court must take
into account:

   (a)  any money paid, or conduct engaged in or not engaged in, by the
        respondent to the determination pursuant to the determination; and

   (b)  the outcome of any recovery proceedings in relation to the
        determination.

"(5) The Court may, if it thinks fit, grant an interim injunction pending the
determination of the proceedings.

"(6) The Court is not to require a person, as a condition of granting an
interim injunction, to give an undertaking as to damages.

"(7) In the proceedings, the question whether the respondent has engaged in
conduct or committed an act that is unlawful under this Act is to be dealt
with by the Court by way of a hearing de novo, but the Court may receive as
evidence any of the following:

   (a)  a copy of the Commission's written reasons for the determination;

   (b)  a copy of any document that was before the Commission;

   (c)  a copy of the record (including any tape recording) of the
        Commission's inquiry into the complaint.

"(8) In this section:
'complainant', in relation to a representative complaint, means any of the
class members. Federal Court may vary order made under section 105D if a court
determines recovery proceedings

"105E.(1) If:

   (a)  the Federal Court makes an order under subsection 105D(3) in relation
        to a Subdivision B determination; and

   (b)  after the Federal Court makes the order, a court makes an order
        determining recovery proceedings in relation to the determination; the
        person against whom the recovery proceedings were commenced may apply
        to the Federal Court for a variation of the order it made under
        subsection 105D(3).

"(2) The Court may vary the order it made if it thinks it appropriate to do so
having regard to its reasons for making that order and to the order made in
the recovery proceedings. Assistance in proceedings before the Federal Court

"105F.(1) A person who is a party to proceedings in the Federal Court under
this Subdivision, or who proposes to commence such proceedings, may apply to
the Attorney-General for the provision of assistance under this section in
respect of the proceedings.

"(2) If:

   (a)  an application is made by a person under subsection (1); and

   (b)  the Attorney-General is satisfied that, in all the circumstances, it
        is reasonable to grant the application; the Attorney-General may
        authorise the provision by the Commonwealth to that person, on such
        conditions (if any) as the Attorney-General determines, of such legal
        or financial assistance in respect of the proceedings as the
        Attorney-General determines. Subdivision does not create right for
        respondent to determination to commence proceedings

"106. This Subdivision (except section 105D) does not create, and is not to be
taken to create, any right of action in favour of the respondent to a
Subdivision B determination.".

Privacy Act 1988 3. Division 3 of Part V: Repeal the Division, substitute:

"Division 3-Enforcement of determinations involving respondents other than
Commonwealth agencies Application of Division

"54.(1) This Division applies to a determination made under section 52 after
the commencement of this Division, except where the respondent to the
determination is an agency or the principal executive of an agency.

"(2) In this section:
'agency' does not include an eligible case manager. Proceedings in the Federal
Court to enforce a determination

"55.(1) The Commissioner or the complainant may commence proceedings in the
Federal Court for an order to enforce a determination to which this Division
applies.

"(2) If the Court is satisfied that the respondent has engaged in conduct that
constitutes an interference with the privacy of the complainant, the Court may
make such orders (including a declaration of right) as it thinks fit.

"(3) The Court may, if it thinks fit, grant an interim injunction pending the
determination of the proceedings.

"(4) The Court is not to require a person, as a condition of granting an
interim injunction, to give an undertaking as to damages.

"(5) In the proceedings, the question whether the respondent has engaged in
conduct that constitutes an interference with the privacy of the complainant
is to be dealt with by the Court by way of a hearing de novo, but the Court
may receive as evidence any of the following:

   (a)  a copy of the Commissioner's written reasons for the determination;

   (b)  a copy of any document that was before the Commissioner;

   (c)  a copy of a record (including any tape recording) of any appearance
        before the Commissioner (including any oral submissions made) pursuant
        to subsection 43(5).

"(6) In this section:
'complainant', in relation to a representative complaint, means any of the
class members.". 4. Subsection 63(2): Omit the subsection, substitute:

"(2) A person who:

   (a)  has commenced or proposes to commence proceedings in the Federal Court
        under section 55; or

   (b)  has engaged in conduct or is alleged to have engaged in conduct in
        respect of which proceedings have been commenced in the Federal Court
        under section 55; may apply to the Attorney-General for the provision
        of assistance under this section in respect of the proceedings.".

Racial Discrimination Act 1975 5. Sections 25ZAA, 25ZAB and 25ZAC: Repeal the
sections. 6. Section 25ZC: Repeal the section, substitute:

"Division 3A-Enforcement of determinations involving respondents other than
Commonwealth agencies

"Subdivision A-Determinations made after commencement of Division Proceedings
in the Federal Court to enforce a determination

"25ZC.(1) The Commission, the complainant, or a trade union acting on behalf
of the complainant, may commence proceedings in the Federal Court for an order
to enforce a determination made under subsection 25Y(1) or 25Z(1) after the
commencement of this Division, except where the respondent to the
determination is a Commonwealth agency or the principal executive of a
Commonwealth agency.

"(2) If the Court is satisfied that the respondent has engaged in conduct or
committed an act that is unlawful under this Act, the Court may make such
orders (including a declaration of right) as it thinks fit.

"(3) The Court may, if it thinks fit, grant an interim injunction pending the
determination of the proceedings.

"(4) The Court is not to require a person, as a condition of granting an
interim injunction, to give an undertaking as to damages.

"(5) In the proceedings, the question whether the respondent has engaged in
conduct or committed an act that is unlawful under this Act is to be dealt
with by the Court by way of a hearing de novo, but the Court may receive as
evidence any of the following:

   (a)  a copy of the Commission's written reasons for the determination;

   (b)  a copy of any document that was before the Commission;

   (c)  a copy of the record (including any tape recording) of the
        Commission's inquiry into the complaint.

"(6) In this section:
'complainant':

   (a)  in relation to a representative complaint-means any of the class
        members; and

   (b)  in relation to a complaint made by a trade union on behalf of a
        person, not being a representative complaint-means the person on whose
        behalf the complaint was made;
'trade union' has the same meaning as in section 22. Assistance in proceedings
before the Federal Court

"25ZCA.(1) A person who:

   (a)  has commenced or proposes to commence proceedings in the Federal Court
        under section 25ZC; or

   (b)  has done or is alleged to have done an act in respect of which
        proceedings have been commenced in the Federal Court under section
        25ZC; may apply to the Attorney-General for the provision of
        assistance under this section in respect of the proceedings.

"(2) If:

   (a)  an application is made by a person under subsection (1); and

   (b)  the Attorney-General is satisfied that:

        (i)    it will involve hardship to that person to refuse the
               application; and

        (ii)   in all the circumstances, it is reasonable to grant the
               application; the Attorney-General may authorise the provision
               by the Commonwealth to that person, on such conditions (if any)
               as the Attorney-General determines, of such legal or financial
               assistance in respect of the proceedings as the
               Attorney-General determines.

"Subdivision B-Determinations made from 13 January 1993 to commencement of
Division Interpretation

"25ZCB. In this Subdivision:
'recovery proceedings', in relation to a Subdivision B determination, means
proceedings before any court in which the respondent to the determination is
seeking to recover an amount, or is seeking some other remedy, in respect of
money paid, or conduct engaged in or not engaged in, by the respondent
pursuant to the determination;
'Subdivision B determination' means a determination made under subsection
25Y(1) or 25Z(1) during the period starting on 13 January 1993 and ending on
the commencement of this Division, other than a determination made in that
period pursuant to a representative complaint lodged before 13 January 1993,
except where the respondent to the determination is a Commonwealth agency or
the principal executive of a Commonwealth agency. Proceedings in the Federal
Court in relation to a Subdivision B determination

"25ZCC.(1) A person referred to in subsection (2) may commence proceedings in
the Federal Court for an order under this section in relation to a Subdivision
B determination.

"(2) The following persons may commence proceedings under subsection (1):

   (a)  the Commission;

   (b)  the complainant;

   (c)  a trade union acting on behalf of the complainant;

   (d)  the respondent to the determination.

"(3) The Court must consider whether the respondent to the determination has
engaged in conduct or committed an act that is unlawful under this Act, and
may, subject to subsection (4), make such orders (including a declaration of
right) as it thinks fit.

"(4) In deciding what orders to make under subsection (3), the Court must take
into account:

   (a)  any money paid, or conduct engaged in or not engaged in, by the
        respondent to the determination pursuant to the determination; and

   (b)  the outcome of any recovery proceedings in relation to the
        determination.

"(5) The Court may, if it thinks fit, grant an interim injunction pending the
determination of the proceedings.

"(6) The Court is not to require a person, as a condition of granting an
interim injunction, to give an undertaking as to damages.

"(7) In the proceedings, the question whether the respondent has engaged in
conduct or committed an act that is unlawful under this Act is to be dealt
with by the Court by way of a hearing de novo, but the Court may receive as
evidence any of the following:

   (a)  a copy of the Commission's written reasons for the determination;

   (b)  a copy of any document that was before the Commission;

   (c)  a copy of the record (including any tape recording) of the
        Commission's inquiry into the complaint.

"(8) In this section:
'complainant':

   (a)  in relation to a representative complaint-means any of the class
        members; and

   (b)  in relation to a complaint made by a trade union on behalf of a
        person, not being a representative complaint-means the person on whose
        behalf the complaint was made;
'trade union' has the same meaning as in section 22. Federal Court may vary
order made under section 25ZCC if a court determines recovery proceedings

"25ZCD.(1) If:

   (a)  the Federal Court makes an order under subsection 25ZCC(3) in relation
        to a Subdivision B determination; and

   (b)  after the Federal Court makes the order, a court makes an order
        determining recovery proceedings in relation to the determination; the
        person against whom the recovery proceedings were commenced may apply
        to the Federal Court for a variation of the order it made under
        subsection 25ZCC(3).

"(2) The Court may vary the order it made if it thinks it appropriate to do so
having regard to its reasons for making that order and to the order made in
the recovery proceedings. Assistance in proceedings before the Federal Court

"25ZCE.(1) A person who is a party to proceedings in the Federal Court under
this Subdivision, or who proposes to commence such proceedings, may apply to
the Attorney-General for the provision of assistance under this section in
respect of the proceedings.

"(2) If:

   (a)  an application is made by a person under subsection (1); and

   (b)  the Attorney-General is satisfied that, in all the circumstances, it
        is reasonable to grant the application; the Attorney-General may
        authorise the provision by the Commonwealth to that person, on such
        conditions (if any) as the Attorney-General determines, of such legal
        or financial assistance in respect of the proceedings as the
        Attorney-General determines. Subdivision does not create right for
        respondent to determination to commence proceedings

"25ZCF. This Subdivision (except section 25ZCC) does not create, and is not to
be taken to create, any right of action in favour of the respondent to a
Subdivision B determination.".

Sex Discrimination Act 1984 7. Sections 82A, 82B and 82C: Repeal the sections.
8. Section 84: Repeal the section, substitute:

"Division 3A-Enforcement of determinations involving respondents other than
Commonwealth agencies

"Subdivision A-Determinations made after commencement of Division Proceedings
in the Federal Court to enforce a determination

"83A.(1) The Commission, the complainant, or a trade union acting on behalf of
the complainant, may commence proceedings in the Federal Court for an order to
enforce a determination made under subsection 80(1) or 81(1) after the
commencement of this Division, except where the respondent to the
determination is a Commonwealth agency or the principal executive of a
Commonwealth agency.

"(2) If the Court is satisfied that the respondent has engaged in conduct or
committed an act that is unlawful under this Act, the Court may make such
orders (including a declaration of right) as it thinks fit.

"(3) The Court may, if it thinks fit, grant an interim injunction pending the
determination of the proceedings.

"(4) The Court is not to require a person, as a condition of granting an
interim injunction, to give an undertaking as to damages.

"(5) In the proceedings, the question whether the respondent has engaged in
conduct or committed an act that is unlawful under this Act, is to be dealt
with by the Court by way of a hearing de novo, but the Court may receive as
evidence any of the following:

   (a)  a copy of the Commission's written reasons for the determination;

   (b)  a copy of any document that was before the Commission;

   (c)  a copy of the record (including any tape recording) of the
        Commission's inquiry into the complaint.

"(6) In this section:
'complainant':

   (a)  in relation to a representative complaint-means any of the class
        members; and

   (b)  in relation to a complaint made by a trade union on behalf of a
        person, not being a representative complaint-means the person on whose
        behalf the complaint was made;
'trade union' has the same meaning as in section 50. Assistance in proceedings
before the Federal Court

"83B.(1) A person who:

   (a)  has commenced or proposes to commence proceedings in the Federal Court
        under section 83A; or

   (b)  has done or is alleged to have done an act in respect of which
        proceedings have been commenced in the Federal Court under section
        83A; may apply to the Attorney-General for the provision of assistance
        under this section in respect of the proceedings.

"(2) If:

   (a)  an application is made by a person under subsection (1); and

   (b)  the Attorney-General is satisfied that:

        (i)    it will involve hardship to that person to refuse the
               application; and

        (ii)   in all the circumstances, it is reasonable to grant the
               application; the Attorney-General may authorise the provision
               by the Commonwealth to that person, on such conditions (if any)
               as the Attorney-General determines, of such legal or financial
               assistance in respect of the proceedings as the
               Attorney-General determines.

"Subdivision B-Determinations made from 13 January 1993 to commencement of
Division Interpretation

"83C. In this Subdivision:
'recovery proceedings', in relation to a Subdivision B determination, means
proceedings before any court in which the respondent to the determination is
seeking to recover an amount, or is seeking some other remedy, in respect of
money paid, or conduct engaged in or not engaged in, by the respondent
pursuant to the determination;
'Subdivision B determination' means a determination made under subsection
80(1) or 81(1) during the period starting on 13 January 1993 and ending on the
commencement of this Division, other than a determination made in that period
pursuant to a representative complaint lodged before 13 January 1993, except
where the respondent to the determination is a Commonwealth agency or the
principal executive of a Commonwealth agency. Proceedings in the Federal Court
in relation to a Subdivision B determination

"83D.(1) A person referred to in subsection (2) may commence proceedings in
the Federal Court for an order under this section in relation to a Subdivision
B determination.

"(2) The following persons may commence proceedings under subsection (1):

   (a)  the Commission;

   (b)  the complainant;

   (c)  a trade union acting on behalf of the complainant;

   (d)  the respondent to the determination.

"(3) The Court must consider whether the respondent to the determination has
engaged in conduct or committed an act that is unlawful under this Act, and
may, subject to subsection (4), make such orders (including a declaration of
right) as it thinks fit.

"(4) In deciding what orders to make under subsection (3), the Court must take
into account:

   (a)  any money paid, or conduct engaged in or not engaged in, by the
        respondent to the determination pursuant to the determination; and

   (b)  the outcome of any recovery proceedings in relation to the
        determination.

"(5) The Court may, if it thinks fit, grant an interim injunction pending the
determination of the proceedings.

"(6) The Court is not to require a person, as a condition of granting an
interim injunction, to give an undertaking as to damages.

"(7) In the proceedings, the question whether the respondent has engaged in
conduct or committed an act that is unlawful under this Act is to be dealt
with by the Court by way of a hearing de novo, but the Court may receive as
evidence any of the following:

   (a)  a copy of the Commission's written reasons for the determination;

   (b)  a copy of any document that was before the Commission;

   (c)  a copy of the record (including any tape recording) of the
        Commission's inquiry into the complaint.

"(8) In this section:
'complainant':

   (a)  in relation to a representative complaint-means any of the class
        members; and

   (b)  in relation to a complaint made by a trade union on behalf of a
        person, not being a representative complaint-means the person on whose
        behalf the complaint was made;
'trade union' has the same meaning as in section 50. Federal Court may vary
order made under section 83D if a court determines recovery proceedings

"83E.(1) If:

   (a)  the Federal Court makes an order under subsection 83D(3) in relation
        to a Subdivision B determination; and

   (b)  after the Federal Court makes the order, a court makes an order
        determining recovery proceedings in relation to the determination; the
        person against whom the recovery proceedings were commenced may apply
        to the Federal Court for a variation of the order it made under
        subsection 83D(3).

"(2) The Court may vary the order it made if it thinks it appropriate to do so
having regard to its reasons for making that order and to the order made in
the recovery proceedings. Assistance in proceedings before the Federal Court

"83F.(1) A person who is a party to proceedings in the Federal Court under
this Subdivision, or who proposes to commence such proceedings, may apply to
the Attorney-General for the provision of assistance under this section in
respect of the proceedings.

"(2) If:

   (a)  an application is made by a person under subsection (1); and

   (b)  the Attorney-General is satisfied that, in all the circumstances, it
        is reasonable to grant the application; the Attorney-General may
        authorise the provision by the Commonwealth to that person, on such
        conditions (if any) as the Attorney-General determines, of such legal
        or financial assistance in respect of the proceedings as the
        Attorney-General determines. Subdivision does not create right for
        respondent to determination to commence proceedings

"84. This Subdivision (except section 83D) does not create, and is not to be
taken to create, any right of action in favour of the respondent to a
Subdivision B determination.".

PART 2-AMENDMENTS OF THE HUMAN RIGHTS AND
EQUAL OPPORTUNITY COMMISSION ACT 1986 Human Rights and Equal Opportunity
Commission Act 1986 9. Paragraph 8(1)(d): Add at the end "and". 10.
Subsections 8(2), (3), (4) and (5): Omit the subsections, substitute:

"(2) The members must act in a way that promotes the collegiate nature of the
Commission.". 11. Subsection 8(8): Omit the subsection. 12. After section 8:
Insert: The President

"8A.(1) The President is to be appointed by the Governor-General as a
full-time member or a part-time member.

"(2) The President is the senior member of the Commission.

"(3) The President's main functions and powers are set out in the Table below.
Item    Function or power              Conferred by

1.      Convening and presiding at meetings of

the Commission (this Act)
Subsections 44(1), (2) and (4)
of this Act
2.      Reviewing decisions not to inquire into an act,

or not to continue to inquire into an act (RDA and SDA)
Section 24AA of the RDA and
section 52A of the SDA
3.      Making interim determinations (RDA, SDA and DDA)

Sections 24AB and 25Y of the
RDA, sections 52B and 80 of the
SDA and section 102 of the DDA
4.      Dismissing complaints (DDA)    Section 101 of the DDA

5.      Reviewing decisions not to refer an award or

        determination (SDA)            Sections 50B and 50D of the SDA

6.      Giving directions about who may exercise

inquiry powers (RDA, SDA and DDA)
Section 25B of the RDA,
section 60 of the SDA and
section 80 of the DDA
7.      Requesting people to participate in the

holding of inquiries as if they were members
of the Commission (RDA, SDA and DDA)
Subsection 24F(3) of the RDA,
subsection 57A(3) of the SDA
and subsection 77(2) of the DDA

"(4) In the Table in subsection (3):
'DDA' means the Disability Discrimination Act 1992;
'RDA' means the Racial Discrimination Act 1975;
'SDA' means the Sex Discrimination Act 1984. The Human Rights Commissioner

"8B.(1) The Human Rights Commissioner is to be appointed by the
Governor-General as a full-time member.

"(2) A person is not qualified to be appointed as the Human Rights
Commissioner unless the Governor-General is satisfied that the person has
appropriate qualifications, knowledge or experience.". 13. Heading to Division
2 of Part II: Omit the heading, substitute:

"Division 2-Duties, functions and powers of Commission". 14. Before section
11: Insert in Division 2 of Part II: Duties of Commission

"10A.(1) It is the duty of the Commission to ensure that the functions of the
Commission under this or any other Act are performed:

   (a)  with regard for:

        (i)    the indivisibility and universality of human rights; and

        (ii)   the principle that every person is free and equal in dignity
               and rights; and

   (b)  efficiently and with the greatest possible benefit to the people of
        Australia.

"(2) Nothing in this section imposes a duty on the Commission that is
enforceable by proceedings in a court.". 15. Section 12: Repeal the section.
16. After subsection 19(2): Insert:

"(3) Subject to subsection (4), the President may, by signed writing, delegate
to:

   (a)  a member of the Commission; or

   (b)  a person who holds an appointment under subsection 24F(1) of the
        Racial Discrimination Act 1975, subsection 57A(1) of the Sex
        Discrimination Act 1984 or subsection 77(1) of the Disability
        Discrimination Act 1992; all or any of the President's powers under
        the Racial Discrimination Act 1975, the Sex Discrimination Act 1984 or
        the Disability Discrimination Act 1992.

"(4) Subsection (3) does not apply to the President's powers under:

   (a)  sections 24AB and 25Y of the Racial Discrimination Act 1975; or

   (b)  sections 52B and 80 of the Sex Discrimination Act 1984; or

   (c)  section 102 of the Disability Discrimination Act 1992.". 17.
        Subsection 36(1): Omit the subsection. 18. Subsection 36(2): Omit all
        the words after paragraph (b). 19. Subsection 38(3): Omit "Tribunals",
        substitute "Tribunal". 20. Subsection 43(2): Omit the subsection,
        substitute:

"(2) The Commission has all the powers of, or exercisable by, a Secretary
under the Public Service Act 1922, so far as those powers relate to the branch
of the Australian Public Service comprising the staff referred to in
subsection (1), as if that branch were a separate Department of the Australian
Public Service.". 21. After section 43: Insert: Commission may make staff and
administrative services available to the Privacy Commissioner

"43A. The Commission may make staff and administrative services available to
the Privacy Commissioner for the purpose of assisting the Privacy Commissioner
in the performance of his or her functions under the Privacy Act 1988 or any
other Act.". 22. Subsection 44(5): Omit the subsection, substitute:

"(5) If the President is not present at a meeting of the Commission, the
members present are to elect one of their number to preside at the meeting.".
23. After section 46: Insert in Part II:

"Division 6-Corporate plan Corporate plan

"46AA.(1) The Commission must prepare corporate plans.

"(2) The first corporate plan:

   (a)  is to be for a period of 3 years; and

   (b)  must be given to the Minister within 12 months after the commencement
        of this section.

"(3) Each subsequent corporate plan is to be for a period of 3 years beginning
immediately after the period of the previous corporate plan.

"(4) The Commission may review and revise a corporate plan at any time.

"(5) In performing its duties and functions, the Commission must take account
of the corporate plan then in force. Matters to be included in corporate plan

"46AB. Each corporate plan must:

   (a)  set out the general policies and strategies that the Commission
        intends to adopt in order to perform its duties and functions; and

   (b)  include such performance indicators and targets as the Commission
        considers appropriate. Corporate plans to be given to Minister

"46AC. As soon as practicable after the Commission prepares or revises a
corporate plan, it must give a copy of the plan to the Minister.".

PART 3-OTHER AMENDMENTS Disability Discrimination Act 1992 24. Section 113:
Add at the end:

"(2) A person is not qualified to be appointed as the Disability
Discrimination Commissioner unless the Governor-General is satisfied that the
person has appropriate qualifications, knowledge or experience.".
Human Rights and Equal Opportunity Legislation Amendment
Act 1992 25. Paragraph 9(c): After "generally or" insert "as".
Privacy Act 1988 26. Section 19: Add at the end:

"(2) A person is not qualified to be appointed as the Privacy Commissioner
unless the Governor-General is satisfied that the person has appropriate
qualifications, knowledge or experience.". 27. Subsection 21(3): Omit
"Tribunals", substitute "Tribunal".
Racial Discrimination Act 1975 28. Section 29: Add at the end:

"(2) A person is not qualified to be appointed as the Race Discrimination
Commissioner unless the Governor-General is satisfied that the person has
appropriate qualifications, knowledge or experience.". 29. Subsection 31(3):
Omit "Tribunals", substitute "Tribunal". 30. Subsection 42(3): Omit
"Tribunals", substitute "Tribunal".
Sex Discrimination Act 1984 31. Subsection 44(3): After "paragraph 41(1)(e)"
insert "or paragraph 41B(1)(b)". 32. Section 96: Add at the end:

"(2) A person is not qualified to be appointed as the Sex Discrimination
Commissioner unless the Governor-General is satisfied that the person has
appropriate qualifications, knowledge or experience.". 33. Subsection 98(3):
Omit "Tribunals", substitute "Tribunal".

NOTE ABOUT SECTION HEADING 1. On the commencement of item 14 of the Schedule
to this Act, the heading to section 13 of the Human Rights and Equal
Opportunity Commission Act 1986 is altered by omitting "and duties".