Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to provide that damages awarded to a person under the
Anti-Discrimination Act 1977 as compensation for loss or damage suffered by reason
of conduct of certain public sector agencies while the person was an offender in
custody (or for failure to comply with orders made in connection with any such
conduct) are not to be paid to the person and instead are to be paid into the Victims
Compensation Fund to be used for the purposes of that Fund. Payment into the
Victims Compensation Fund discharges a public sector agency’s liability to pay the
damages concerned.

The Bill extends to awards of compensation made on or after 29 May 2007, which is
the date on which notice of motion for the introduction of this Bill was given in
Parliament.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Clause 3 is a formal provision that gives effect to the amendments to the
Anti-Discrimination Act 1977 set out in Schedule 1.

Clause 4 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendments
Schedule 1 [1] inserts section 111A into the Anti-Discrimination Act 1977 to make
provision as referred to in the Overview.

Schedule 1 [2] enables regulations of a savings and transitional nature to be made as
a consequence of the proposed Act.

Schedule 1 [3] provides that the proposed new section extends to pending
proceedings and to compensation ordered to be paid on or after 29 May 2007 (unless
the compensation has been paid pursuant to the compensation order before the
commencement of the new section).

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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