Northern Territory Consolidated Acts

ANTI-DISCRIMINATION ACT - SECT 13

(1) The Commissioner has the following functions:

(a) to carry out investigations and hearings into complaints and endeavour to effect conciliation;

(b) to examine Acts and regulations and proposed Acts and regulations of the Territory to determine whether they are, or would be, inconsistent with the purposes of this Act, and to report the results of such examinations to the Minister;

(c) to institute, promote or assist in research, the collection of data and the dissemination of information relating to discrimination and the effects of discrimination;

(d) to consult with organisations, departments and local government and community government bodies and associations to ascertain means of improving services and conditions affecting groups that are subjected to prohibited conduct;

(e) to research and develop additional grounds of discrimination and to make recommendations for the inclusion of such grounds in this Act;

(f) to examine practices, alleged practices or proposed practices of a person, at the Commissioner's own initiative or when required by the Minister, to determine whether they are, or would be, inconsistent with the purposes of this Act, and, when required by the Minister, to report the results of the examination to the Minister;

(g) to promote in the Territory an understanding and acceptance, and public discussion, of the purposes and principles of equal opportunity;

(h) to promote an understanding and acceptance of, and compliance with, this Act;

(j) to promote the recognition and acceptance of non-discriminatory attitudes, acts and practices;

(k) to promote within the public sector the development of equal opportunity management programs;

(m) to prepare and publish guidelines and codes of practice to assist persons to comply with this Act;

(n) to provide advice and assistance to persons relating to this Act as the Commissioner thinks fit;

(p) to advise the Minister generally on the operation of this Act;

(q) if the Commissioner considers it appropriate to do so, to intervene in a proceeding that involves issues of equality of opportunity or discrimination with the leave of the court hearing the proceeding and subject to any conditions imposed by the court;

(r) such functions as are conferred on the Commissioner by or under this or any other Act;

(s) such other functions as the Minister determines.

(2) The Commissioner shall not regard, for the purposes of subsection (1)(b), an Act or regulation or a proposed Act or regulation of the Territory as being inconsistent with the purposes of this Act by reason of a provision of the Act or regulation or proposed Act or regulation that is included solely for the purpose of promoting equal opportunity for a group of persons who are disadvantaged or have a special need because of any of the attributes referred to in section 19.

(3) The Commissioner shall not regard an act or practice as being inconsistent with the purposes of this Act where the act or practice is done or engaged in solely for the purpose referred to in subsection (2).