ANTI-DISCRIMINATION ACT 1977 - SCHEDULE 1

ANTI-DISCRIMINATION ACT 1977 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 128)

Part 1 - Preliminary

1 Regulations

(1) The regulations may include provisions of a savings or transitional nature consequent on the enactment of the following Acts--

Anti-Discrimination (Amendment) Act 1994

Anti-Discrimination Amendment (Carers' Responsibilities) Act 2000

Anti-Discrimination Amendment (Miscellaneous Provisions) Act 2004

Courts Legislation Amendment Act 2005

Anti-Discrimination Amendment (Offender Compensation) Act 2007

Anti-Discrimination Amendment (Breastfeeding) Act 2007

Administrative Decisions Tribunal Amendment Act 2008 (to the extent that it amends this Act)

any other Act that amends this Act

(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or from a later date.

(3) To the extent that a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate--

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of the person existing before the date of publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of publication.

1A References to Tribunal before establishment of NCAT

A reference to the Tribunal in a provision of this Schedule that was inserted before the establishment day (within the meaning of the Civil and Administrative Tribunal Act 2013 ) is a reference to the former Administrative Decisions Tribunal.

Part 2 - Anti-Discrimination (Amendment) Act 1994

2 Definition

In this Part--


"the amending Act" means the Anti-Discrimination (Amendment) Act 1994 .

3 Operation of amendments

Except as otherwise provided by this Part--

(a) an amendment made by the amending Act does not apply to or in respect of anything done or omitted to be done before the commencement of the amendment, and

(b) this Act continues to apply to anything done or omitted before the commencement of such an amendment as if the amendment had not been made.

4 Complaints by representative bodies

The amendments made by the amending Act to sections 87 and 88 extend to apply in respect of an Act done before the commencement of the amendments.

5 Complaints not pursued

Section 90A (as inserted by the amending Act) and the amendments made by the amending Act to section 111 extend to complaints lodged before the commencement of that section and those amendments.

6 Joinder of parties

The amendments made by the amending Act to section 98 extend to notice of joinder given by the Tribunal before the commencement of the amendments.

7 Industrial awards and agreements

The amendments made by the amending Act to section 54 do not apply in respect of any order, award or agreement in force immediately before the commencement of those amendments until the first anniversary of the commencement of those amendments.

8 Superannuation

The amendments made by the amending Act to sections 36 and 49 (Superannuation), and section 49Q (Superannuation) as inserted by the amending Act, are not limited in their operation to superannuation or provident funds or schemes begun after the commencement of those amendments or that section and extend to apply in respect of such a fund or scheme begun before that commencement.

Part 3 - Anti-Discrimination Amendment Act 1997

9 Definition

In this Part--


"the amending Act" means the Anti-Discrimination Amendment Act 1997 .

11 Complaints relating to sexual harassment

The insertion of Part 2A by the amending Act does not affect any complaint lodged before the commencement of Schedule 1 [10[#93] to the amending Act.

12 Exemptions under sections 126 and 126A

(1) The amendment made to section 126 by the amending Act extends to an exemption in force immediately before the commencement of Schedule 1 [43[#93] to the amending Act.

(2) The amendments made to section 126A by the amending Act do not affect the validity of any exemption in force immediately before the commencement of Schedule 1 [44[#93] and [45[#93] to the amending Act.

Part 4 - Anti-Discrimination Amendment (Carers' Responsibilities) Act 2000

13 Operation of amendment

(1) Part 4B does not apply to or in respect of anything done or omitted to be done before the commencement of Schedule 1 [1[#93] to the amending Act.

(2) This Act continues to apply to anything done or omitted to be done before the commencement of Schedule 1 [1[#93] to the amending Act as if Part 4B had not been enacted. In particular, the insertion of Part 4B by the amending Act does not affect any complaint lodged on a ground of unlawful discrimination before the commencement of Schedule 1 [1[#93] to the amending Act.

(3) In this clause--


"the amending Act" means the Anti-Discrimination Amendment (Carers' Responsibilities) Act 2000 .

Part 5 - Anti-Discrimination Amendment (Miscellaneous Provisions) Act 2004

14 Operation of amendments

(1) An amendment made to this Act by the Anti-Discrimination Amendment (Miscellaneous Provisions) Act 2004 (including a provision inserted by such an amendment) extends to anything commenced to be done but not completed before the commencement of the amendment, except as provided by clauses 15 and 16.

(2) Without limiting subclause (1), that subclause applies to a complaint made but not finalised before the commencement of such an amendment.

15 Order or other decision of the Tribunal

Section 113, as in force immediately before its repeal by the Anti-Discrimination Amendment (Miscellaneous Provisions) Act 2004 , continues to apply to proceedings before the Tribunal relating to a complaint that were not finally determined by the Tribunal before the repeal of that section.

16 Interest on damages

Section 112, as inserted by the Anti-Discrimination Amendment (Miscellaneous Provisions) Act 2004 , does not apply to an order of the Tribunal made in respect of proceedings before the Tribunal relating to a complaint that were commenced but not finally determined by the Tribunal before the commencement of that section.

Part 6 - Anti-Discrimination Amendment (Offender Compensation) Act 2007

17 Operation of amendment

(1) Section 111A (Compensation to offenders in custody--payment to Victims Compensation Fund) as inserted by the Anti-Discrimination Amendment (Offender Compensation) Act 2007 extends to--

(a) an order for the payment of damages made in proceedings before the Tribunal commenced before the commencement of that section but does not extend to such an order made before 29 May 2007, and

(b) an order for the payment of damages made before the commencement of that section (but on or after 29 May 2007) unless the damages concerned have been paid pursuant to the order before the commencement of that section.

Note : 29 May 2007 is the date on which notice of motion was given in Parliament for the introduction of the Bill for the above amending Act.

(2) If an amount that is the subject of an order referred to in subclause (1) (b) is paid into the Victims Compensation Fund on or after 29 May 2007 (but before the commencement of section 111A), being a payment that would be required to be made by section 111A had that section been in force at the time of the payment--

(a) the payment is validated, and

(b) section 111A applies in respect of the payment as if that section had been in force when the payment was made.

(3) A regulation made pursuant to section 111A (6) can be expressed to extend to an order for the payment of damages made before the commencement of the regulation.

Part 7 - Anti-Discrimination Amendment (Breastfeeding) Act 2007

18 Operation of amendments

An amendment made by the Anti-Discrimination Amendment (Breastfeeding) Act 2007 does not apply to or in respect of anything done or omitted to be done before the commencement of the amendment.

Part 8 - Administrative Decisions Tribunal Amendment Act 2008

19 Definition

In this Part--


"amending Act" means the Administrative Decisions Tribunal Amendment Act 2008 .

20 Legal representation

Section 98, as in force immediately before its amendment by the amending Act, continues to apply to any proceedings in the Tribunal that were commenced before the commencement of that amendment.

21 Dismissal of proceedings

Section 107, as in force immediately before its repeal by the amending Act, continues to apply in relation to any proceedings in the Tribunal that were commenced before the repeal of that section.

22 Increase in maximum damages amount for section 108

(1) The amendment made to section 108 by the amending Act does not apply to or in respect of anything done or omitted to be done before the commencement of the amendment.

(2) Accordingly, section 108 as in force immediately before its amendment by the amending Act continues to apply to or in respect of anything done or omitted to be done before the commencement of the amendment.

23 Costs

Section 110, as substituted by the amending Act, extends to proceedings in the Tribunal that were commenced, but not finally determined, before that substitution.

24 Existing exemptions under section 126

(1) An exemption that is in force under section 126 immediately before the substitution of that section by the amending Act (a
"continued exemption" ) is taken to be an exemption granted under section 126 as substituted.

(2) A continued exemption ceases to be in force when the period for its duration specified in the order granting the exemption expires, unless it is sooner revoked.

(3) A continued exemption may be renewed, varied or revoked by the President under section 126 (as substituted by the amending Act).

(4) Nothing in this clause authorises or permits any person to apply to the Tribunal for the review of any decision of the Minister or the Board made in relation to a continued exemption before the substitution of section 126.