DISCRIMINATION LAW AMENDMENT BILL 2002

Queensland DISCRIMINATION LAW AMENDMENT BILL 2002

Queensland DISCRIMINATION LAW AMENDMENT BILL 2002 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 2--AMENDMENT OF ACTS INTERPRETATION ACT 1954 3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Insertion of new s 32DA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 32DA Meaning of "de facto partner" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Amendment of s 36 (Meaning of commonly used words and expressions) . 11 PART 3--AMENDMENT OF ADOPTION OF CHILDREN ACT 1964 6 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8 Amendment of s 39C (Entitlement to certain records etc.). . . . . . . . . . . . . . 12 9 Insertion of new s 47A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 47A Use of certified copy or extract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 10 Insertion of new s 55A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 55A Certified copy or extract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 4--AMENDMENT OF ANTI-DISCRIMINATION ACT 1991 11 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 13 Insertion of new ss 4B-4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4B Meaning of "de facto partner" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4C Meaning of "immediate family" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

2 Discrimination Law Amendment Bill 2002 14 Amendment of s 7 (Discrimination on the basis of certain attributes prohibited) ....................................... 17 15 Amendment of s 25 (Genuine occupational requirements). . . . . . . . . . . . . . 18 16 Amendment of s 28 (Work with children). . . . . . . . . . . . . . . . . . . . . . . . . . . 18 17 Omission of s 29 (Educational or health-related institution with religious purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 18 Omission of s 42 (Non-State school authority) . . . . . . . . . . . . . . . . . . . . . . . 19 19 Insertion of new s 45A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 45A Non-application of s 46 to provision of assisted reproductive technology services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 20 Amendment of s 109 (Religious bodies). . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 21 Amendment of s 111 (Sport) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 22 Amendment of s 124A (Racial or religious vilification unlawful) . . . . . . . . 20 23 Amendment of s 130 (Meaning of victimisation) . . . . . . . . . . . . . . . . . . . . . 21 24 Amendment of s 131A (Offence of serious racial or religious vilification) . 21 25 Amendment of s 134 (Who may complain) . . . . . . . . . . . . . . . . . . . . . . . . . 21 26 Amendment of s 136 (Making a complaint) . . . . . . . . . . . . . . . . . . . . . . . . . 22 27 Amendment of s 143 (Respondent is to be notified of accepted complaint). 22 28 Amendment of s 153 (Dismissed worker lodges complaint first) . . . . . . . . . 23 29 Insertion of new s 154A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 154A Investigation of complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 30 Amendment of s 155 (Investigation of complaints) . . . . . . . . . . . . . . . . . . . 24 31 Insertion of new s 164A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 164A Right of complainant to seek referral to tribunal after conciliation conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 32 Amendment of s 188 (Tribunal to refer complaint for conciliation). . . . . . . 25 33 Amendment of s 201 (Tribunal's powers relating to attendance at hearing and evidence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 34 Amendment of s 208 (Evaluation of evidence) . . . . . . . . . . . . . . . . . . . . . . . 26 35 Amendment of s 209 (Orders the tribunal may make if complaint is proven) ............................................. 26 36 Amendment of s 213 (Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 37 Insertion of new ch 7, pt 2, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 3A--Offers to settle 213A Presumption of order for costs if offer to settle is rejected . . . . . . . . 28

3 Discrimination Law Amendment Bill 2002 213B Offer to settle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 213C Acceptance of offer to settle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 213D Consequences if accepted offer is not complied with . . . . . . . . . . . . 30 38 Insertion of new s 215A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 215A Tribunal may dismiss frivolous and other complaints . . . . . . . . . . . . 30 39 Replacement of s 216 (Supreme Court opinions) . . . . . . . . . . . . . . . . . . . . . 30 216 Supreme Court opinion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 40 Amendment of s 236 (Commissioner's powers) . . . . . . . . . . . . . . . . . . . . . . 31 41 Amendment of ch 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 PART 1--SERVICE 263A Definitions for pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 263B Operation of pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 263C General requirement for address of service . . . . . . . . . . . . . . . . . . . . 32 263D Advice to tribunal of address for service . . . . . . . . . . . . . . . . . . . . . . 32 263E Change of address for service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 263F Use of address for service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 263G Communication effected by giving of document. . . . . . . . . . . . . . . . 33 263H No address for service advised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 263I Email or fax address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 PART 2--OTHER MATTERS'. 42 Insertion of new ch 11 and pt hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 43 Insertion of new ch 11, pt 2 and sch heading . . . . . . . . . . . . . . . . . . . . . . . . 35 PART 2--TRANSITIONAL PROVISIONS FOR DISCRIMINATION LAW AMENDMENT ACT 2002 269 Application of amendments made by Discrimination Law Amendment Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 270 Operation of service provisions for complaints received before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 SCHEDULE DICTIONARY PART 5--AMENDMENT OF GUARDIANSHIP AND ADMINISTRATION ACT 2000 44 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 45 Insertion of new ch 12, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

4 Discrimination Law Amendment Bill 2002 PART 5--TRANSITIONAL PROVISION FOR DISCRIMINATION LAW AMENDMENT ACT 2002 262B Application of amendments made by Discrimination Law Amendment Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 PART 6--AMENDMENT OF JUDGES (PENSIONS AND LONG LEAVE) ACT 1957 46 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 47 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 48 Amendment of s 7 (Pension of spouse on death of judge) . . . . . . . . . . . . . . 38 49 Amendment of s 8 (Pension of spouse on death of retired judge) . . . . . . . . 39 50 Amendment of s 8A (Pension for children of deceased judge). . . . . . . . . . . 40 PART 7--AMENDMENT OF LAND TAX ACT 1915 51 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 52 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 53 Insertion of new s 3BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 3BA Meaning of "spouse" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 54 Amendment of s 11 (Taxable value) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 55 Amendment of s 11B (Provisions relating to land comprised in a building units plan etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 56 Amendment of s 11BA (Provisions relating to scheme land for a community titles scheme) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 57 Amendment of s 11C (Deduction--home unit companies) . . . . . . . . . . . . . 42 PART 8--AMENDMENT OF PROPERTY LAW ACT 1974 58 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 59 Replacement of s 260 (Meaning of "de facto spouse"). . . . . . . . . . . . . . . . . 42 260 Extended meaning of "de facto partner" for pt 19. . . . . . . . . . . . . . . 42 60 Amendment of s 323 (Effect of declaration). . . . . . . . . . . . . . . . . . . . . . . . . 43 PART 9--AMENDMENT OF PUBLIC TRUSTEE ACT 1978 61 Act amended in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 62 Amendment of s 54 (Where residue may be paid to spouse) . . . . . . . . . . . . 44 63 Amendment of s 88 (Disposal of property on death where value under $50 000) ........................................... 44 64 Amendment of s 94 (Powers of public trustee) . . . . . . . . . . . . . . . . . . . . . . . 45 65 Amendment of s 107 (Powers as administrator of unclaimed property). . . . 45 66 Insertion of new pt 10, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

5 Discrimination Law Amendment Bill 2002 Division 3--Transitional provision for Discrimination Law Amendment Act 2002 149 Application of amendments made by Discrimination Law Amendment Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 PART 10--AMENDMENT OF REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES ACT 1962 67 Act amended in pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 68 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 69 Amendment of s 22 (Searches and copies) . . . . . . . . . . . . . . . . . . . . . . . . . . 47 70 Amendment of s 28 (Registration of name after registration of birth) . . . . . 47 71 Amendment of s 28A (Entry of change of surname of child) . . . . . . . . . . . . 48 72 Insertion of new ss 28B-28D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 28B Application to record change of sex . . . . . . . . . . . . . . . . . . . . . . . . . 49 28C Requirements for application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 28D Change of register and reregistration . . . . . . . . . . . . . . . . . . . . . . . . . 50 73 Amendment of s 29B (Changing particulars in register of births) . . . . . . . . 51 74 Amendment of s 29C (Application for reregistration of birth) . . . . . . . . . . . 52 75 Amendment of s 29D (Notes about reregistration of births). . . . . . . . . . . . . 52 76 Amendment of s 29E (Commemorative birth certificates) . . . . . . . . . . . . . . 52 77 Insertion of new ss 43A-43C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 43A Use of certificate or extract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 43B Effect of reregistration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 43C Effect of recognition certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 PART 11--AMENDMENT OF SUCCESSION ACT 1981 78 Act amended in pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 79 Insertion of new s 5AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 5AA Who is a person's "spouse" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 80 Insertion of new pt 7, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Division 2--Transitional provision for Discrimination Law Amendment Act 2002 74 Application of amendments made by Discrimination Law Amendment Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 81 Amendment of sch 2 (Distribution of residual estate upon intestacy) . . . . . 56

6 Discrimination Law Amendment Bill 2002 PART 12--AMENDMENT OF SUPREME COURT ACT 1995 82 Act amended in pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 83 Amendment of s 18 (Actions how brought) . . . . . . . . . . . . . . . . . . . . . . . . . 58 84 Amendment of s 81 (Property in possession of any codefendant or husband or wife) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 85 Insertion of new s 303 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 303 Transitional provision for Discrimination Law Amendment Act 2002 ........................................ 59 PART 13--AMENDMENT OF WORKCOVER QUEENSLAND ACT 1996 86 Act amended in pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 87 Replacement of s 31 (Meaning of "spouse"). . . . . . . . . . . . . . . . . . . . . . . . . 60 31 Who is the "spouse" of a deceased worker . . . . . . . . . . . . . . . . . . . . 60 88 Insertion of new ch 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 CHAPTER 15--TRANSITIONAL PROVISION FOR DISCRIMINATION LAW AMENDMENT ACT 2002 591 Spouse of worker dying within 1 year . . . . . . . . . . . . . . . . . . . . . . . . 61 89 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 PART 14--OTHER AMENDMENT OF ACTS 90 Amendments in schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 63 AMENDMENTS ABORIGINAL LAND ACT 1991. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 ADOPTION OF CHILDREN ACT 1964 . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 AGRICULTURAL CHEMICALS DISTRIBUTION CONTROL ACT 1966 .............................................. 64 AMBULANCE SERVICE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 ANTI-DISCRIMINATION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 BURIALS ASSISTANCE ACT 1965 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 CHILD CARE ACT 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 CHILD PROTECTION ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 CORRECTIVE SERVICES ACT 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 CRIMINAL CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 1989 . . . . . 68

7 Discrimination Law Amendment Bill 2002 DUTIES ACT 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 EDUCATION (TEACHER REGISTRATION) ACT 1988. . . . . . . . . . . . . . 70 FIRE AND RESCUE SERVICE ACT 1990. . . . . . . . . . . . . . . . . . . . . . . . . 70 FIRST HOME OWNER GRANT ACT 2000 . . . . . . . . . . . . . . . . . . . . . . . . 70 FOSSICKING ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 HEALTH SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 INDUSTRIAL RELATIONS ACT 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 INTERACTIVE GAMBLING (PLAYER PROTECTION) ACT 1998 . . . . 73 LAW REFORM ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 MAINTENANCE ACT 1965 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 MENTAL HEALTH ACT 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 MOBILE HOMES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 PARLIAMENTARY CONTRIBUTORY SUPERANNUATION ACT 1970 75 PARTNERSHIP ACT 1891 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 POWERS OF ATTORNEY ACT 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 PROPERTY AGENTS AND MOTOR DEALERS ACT 2000 . . . . . . . . . . . 76 PROPERTY LAW ACT 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 QUEENSLAND INVESTMENT CORPORATION ACT 1991 . . . . . . . . . 78 REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES ACT 1962 78 REPRINTS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 RESIDENTIAL TENANCIES ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . 79 RETIREMENT VILLAGES ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 SOUTH BANK CORPORATION ACT 1989. . . . . . . . . . . . . . . . . . . . . . . . 80 STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 STATE HOUSING ACT 1945 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 STATUS OF CHILDREN ACT 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 SUCCESSION ACT 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 SUPERANNUATION (PUBLIC EMPLOYEES PORTABILITY) ACT 1985 ............................................... 86 SUPERANNUATION (STATE PUBLIC SECTOR) ACT 1990. . . . . . . . . 86 TORRES STRAIT ISLANDER LAND ACT 1991 . . . . . . . . . . . . . . . . . . . 87 TOURISM QUEENSLAND ACT 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

8 Discrimination Law Amendment Bill 2002 TRAINING AND EMPLOYMENT ACT 2000 . . . . . . . . . . . . . . . . . . . . . . 87 TRANSPLANTATION AND ANATOMY ACT 1979 . . . . . . . . . . . . . . . . . 88 WATER ACT 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88

2002 A BILL FOR An Act to amend the Anti-Discrimination Act 1991, and for other purposes

s1 10 s4 Discrimination Law Amendment Bill 2002 The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 1 Short title Clause 3 This Act may be cited as the Discrimination Law Amendment Act 2002. 4 2 Commencement Clause 5 This Act commences on a day to be fixed by proclamation. 6 PART 2--AMENDMENT OF ACTS INTERPRETATION 7 ACT 1954 8 3 Act amended in pt 2 Clause 9 This part amends the Acts Interpretation Act 1954. 10 4 Insertion of new s 32DA Clause 11 After section 32D-- 12 insert-- 13 `32DA Meaning of "de facto partner" 14 `(1) In an Act, a reference to a "de facto partner" is a reference to 15 either 1 of 2 persons who are living together as a couple on a genuine 16 domestic basis but who are not married to each other or related by family. 17 `(2) In deciding whether 2 persons are living together as a couple on a 18 genuine domestic basis, any of their circumstances may be taken into 19 account, including, for example, any of the following circumstances-- 20 (a) the nature and extent of their common residence; 21 (b) the length of their relationship; 22

s5 11 s5 Discrimination Law Amendment Bill 2002 (c) whether or not a sexual relationship exists or existed; 1 (d) the degree of financial dependence or interdependence, and any 2 arrangement for financial support; 3 (e) their ownership, use and acquisition of property; 4 (f) the degree of mutual commitment to a shared life, including the 5 care and support of each other; 6 (g) the care and support of children; 7 (h) the performance of household tasks; 8 (i) the reputation and public aspects of their relationship. 9 `(3) No particular finding in relation to any circumstance is to be 10 regarded as necessary in deciding whether 2 persons are living together as 11 a couple on a genuine domestic basis. 12 `(4) Two persons are not to be regarded as living together as a couple on 13 a genuine domestic basis only because they have a common residence. 14 `(5) For subsection (1)-- 15 (a) the gender of the persons is not relevant; and 16 (b) a person is related by family to another person if the person and 17 the other person would be within a prohibited relationship within 18 the meaning of the Marriage Act 1961 (Cwlth), section 23B, if 19 they were parties to a marriage to which that section applies.1 20 `(6) In an Act enacted before the commencement of this section, a 21 reference to a spouse includes a reference to a de facto partner as defined in 22 this section unless the Act expressly provides to the contrary.'. 23 5 Amendment of s 36 (Meaning of commonly used words and Clause 24 expressions) 25 Section 36-- 26 insert-- 27 ` "de facto partner" see section 32DA. 28 1 Marriage Act 1961 (Cwlth), section 23B (Grounds on which marriages are void)

s6 12 s8 Discrimination Law Amendment Bill 2002 "de facto relationship" means the relationship existing between 2 persons 1 as a couple because each is the de facto partner of the other. 2 "spouse" includes de facto partner.'. 3 PART 3--AMENDMENT OF ADOPTION OF CHILDREN 4 ACT 1964 5 6 Act amended in pt 3 Clause 6 This part amends the Adoption of Children Act 1964. 7 7 Amendment of s 6 (Definitions) Clause 8 Section 6-- 9 insert-- 10 ` "adoption entry", of an adopted person, means the particulars about the 11 adopted person that are-- 12 (a) stated in a schedule to an adoption order for, or a schedule to a 13 memorandum or copy of an adoption order for, the adopted 14 person, and entered in the Adopted Children Register; or 15 (b) if there is no schedule to an adoption order for, or no schedule to 16 a memorandum or copy of an adoption order for, the adopted 17 person-- 18 (i) stated in the adoption order, memorandum or copy; and 19 (ii) entered in the Adopted Children Register; or 20 (c) stated in the register kept by the registrar general titled `Record 21 of Children whose Births have been registered in the State of 22 Queensland and who have been transferred under Deed of 23 Adoption'.'. 24 8 Amendment of s 39C (Entitlement to certain records etc.) Clause 25 (1) Section 39C(b)(i), `amended birth entry'-- 26 omit, insert-- 27

s9 13 s9 Discrimination Law Amendment Bill 2002 `adoption entry'. 1 (2) Section 39C(b)-- 2 insert-- 3 `(iii) if the adopted person's adoption has been reregistered under 4 the Registration of Births, Deaths and Marriages Act 1962 5 and 1 or more changes of the person's name have been 6 entered in the Adopted Children Register after the 7 reregistration--a certified copy of the reregistered adoption 8 entry.'. 9 (3) Section 39C-- 10 insert-- 11 `(2) Subsection (1)(b)(i) applies even if the adoption entry is closed 12 under the Registration of Births, Deaths and Marriages Act 1962, 13 section 29B(2)(b)(i) or (4)(b) or 29C(6)(a), and access to it is restricted 14 under section 55A of this Act.2'. 15 9 Insertion of new s 47A Clause 16 After section 47-- 17 insert-- 18 `47A Use of certified copy or extract 19 `(1) This section applies if the adoption of a person (the "reregistered 20 person") has been reregistered under the Registration of Births, Deaths 21 and Marriages Act 1962, section 29B(4).3 22 `(2) A person, whether or not the reregistered person, who is aware of the 23 reregistration must not produce to another person, for a purpose 24 (the "relevant purpose") of a law of another State or of the 25 Commonwealth, a certified copy or extract obtained under this Act that 26 shows the reregistered person's sex as recorded in the Adopted Children 27 Register after the reregistration unless-- 28 2 Section 55A (Certified copy or extract) 3 Registration of Births, Deaths and Marriages Act 1962, section 29B (Changing particulars in register of births or adopted children register)

s 10 14 s 10 Discrimination Law Amendment Bill 2002 (a) the laws of the other State or of the Commonwealth expressly 1 allow the certified copy or extract to be produced for the relevant 2 purpose; or 3 (b) the person, when producing the certified copy or extract, informs 4 the person to whom it is produced that a change of the 5 reregistered person's sex has been entered in the Adopted 6 Children Register. 7 Maximum penalty--100 penalty units or 2 years imprisonment. 8 `(3) The reregistered person must not, with intent to deceive, produce to 9 another person a certified copy or extract obtained under this Act, or 10 another document, however obtained, showing the reregistered person's sex 11 as recorded in the Adopted Children Register before the reregistration. 12 Maximum penalty--100 penalty units or 2 years imprisonment. 13 `(4) In this section-- 14 "certified copy or extract", obtained under this Act, includes a copy of the 15 certified copy or extract.'. 16 10 Insertion of new s 55A Clause 17 After section 55-- 18 insert-- 19 `55A Certified copy or extract 20 `(1) After the reregistration of the adoption of a person (the "relevant 21 person") under the Registration of Births, Deaths and Marriages Act 1962, 22 section 29B(4), a certified copy or extract obtained under this Act from the 23 registrar general-- 24 (a) must show the relevant person's sex in accordance with the 25 reregistration; and 26 (b) must not include a statement or other clear indication to the effect 27 that a change of the relevant person's sex has been entered in the 28 Adopted Children Register. 29 `(2) However, any of the following persons may, on payment of the 30 appropriate fee prescribed under the Registration of Births, Deaths and 31 Marriages Act 1962, apply to the registrar general for a certified copy from 32 the adoption entry of the relevant person that was closed on the 33 reregistration-- 34

s 11 15 s 12 Discrimination Law Amendment Bill 2002 (a) the relevant person; 1 (b) a child of the relevant person; 2 (c) a parent of the relevant person, if the relevant person is a child; 3 (d) a person prescribed under a regulation.'. 4 PART 4--AMENDMENT OF ANTI-DISCRIMINATION 5 ACT 1991 6 11 Act amended in pt 4 Clause 7 This part amends the Anti-Discrimination Act 1991. 8 12 Amendment of s 4 (Definitions) Clause 9 (1) Section 4-- 10 insert-- 11 ` "de facto partner" see section 4B. 12 "family responsibilities", of a person, means the person's responsibilities 13 to care for or support-- 14 (a) a dependant child of the person; or 15 (b) any other member of the person's immediate family who is in 16 need of care or support. 17 "gender identity", in relation to a person, means that the person-- 18 (a) identifies, or has identified, as a member of the opposite sex by 19 living or seeking to live as a member of that sex; or 20 (b) is of indeterminate sex and seeks to live as a member of a 21 particular sex. 22 "immediate family" see section 4C. 23 "lawful sexual activity" means a person's status as a lawfully employed 24 sex worker, whether or not self-employed. 25 "religious activity" means engaging in, not engaging in or refusing to 26 engage in a lawful religious activity. 27

s 13 16 s 13 Discrimination Law Amendment Bill 2002 "religious belief" means holding or not holding a religious belief. 1 "sexuality" means heterosexuality, homosexuality or bisexuality.'. 2 (2) Section 4, `In this Act--'-- 3 omit, insert-- 4 `The dictionary in the schedule defines particular words used in this 5 Act.'. 6 (3) Section 4, definitions, as amended-- 7 relocate to the schedule, as inserted by this part. 8 13 Insertion of new ss 4B-4C Clause 9 After section 4A-- 10 insert-- 11 `4B Meaning of "de facto partner" 12 `(1) In this Act, a reference to a "de facto partner" is a reference to 13 either 1 of 2 persons who are living together as a couple on a genuine 14 domestic basis but who are not married to each other or related by family. 15 `(2) In deciding whether 2 persons are living together as a couple on a 16 genuine domestic basis, any of their circumstances may be taken into 17 account, including, for example, any of the following circumstances-- 18 (a) the nature and extent of their common residence; 19 (b) the length of their relationship; 20 (c) whether or not a sexual relationship exists or existed; 21 (d) the degree of financial dependence or interdependence, and any 22 arrangement for financial support; 23 (e) their ownership, use and acquisition of property; 24 (f) the degree of mutual commitment to a shared life, including the 25 care and support of each other; 26 (g) the care and support of children; 27 (h) the performance of household tasks; 28 (i) the reputation and public aspects of their relationship. 29

s 14 17 s 14 Discrimination Law Amendment Bill 2002 `(3) No particular finding in relation to any circumstance is to be 1 regarded as necessary in deciding whether 2 persons are living together as 2 a couple on a genuine domestic basis. 3 `(4) Two persons are not to be regarded as living together as a couple on 4 a genuine domestic basis only because they have a common residence. 5 `(5) For subsection (1)-- 6 (a) the gender of the persons is not relevant; and 7 (b) a person is related by family to another person if the person and 8 the other person would be within a prohibited relationship within 9 the meaning of the Marriage Act 1961 (Cwlth), section 23B, if 10 they were parties to a marriage to which that section applies.4 11 `4C Meaning of "immediate family" 12 `(1) For this Act, the following persons are members of the "immediate 13 family" of a person-- 14 (a) the person's spouse; 15 (b) a child of the person or the person's spouse, including an 16 exnuptial child, stepchild, adopted child, or past or present foster 17 child of the person or the person's spouse; 18 (c) a parent, grandparent, grandchild or sibling of the person or the 19 person's spouse. 20 `(2) In this section-- 21 "spouse", of a person, includes-- 22 (a) a former spouse of the person; and 23 (a) a de facto partner of the person.'. 24 14 Amendment of s 7 (Discrimination on the basis of certain Clause 25 attributes prohibited) 26 (1) Section 7(1)(i)-- 27 omit, insert-- 28 `(i) religious belief or religious activity;'. 29 4 Marriage Act 1961 (Cwlth), section 23B (Grounds on which marriages are void)

s 15 18 s 16 Discrimination Law Amendment Bill 2002 (2) Section 7(1)(m)-- 1 renumber as section 7(p). 2 (3) Section 7(1)-- 3 insert-- 4 `(m) gender identity; 5 (n) sexuality; 6 (o) family responsibilities;'. 7 (4) Section 7(2)-- 8 omit. 9 15 Amendment of s 25 (Genuine occupational requirements) Clause 10 Section 25, examples-- 11 insert-- 12 13 `Example 4-- 14 Employing persons of a particular religion to teach in a school established for students 15 of the particular religion.'. 16 Amendment of s 28 (Work with children) Clause 16 (1) Section 28, after `lawful sexual activity'-- 17 insert-- 18 `or gender identity'. 19 (2) Section 28-- 20 insert-- 21 `(2) It is not unlawful to discriminate against a person with respect to a 22 matter that is otherwise prohibited under subdivision 1 if-- 23 (a) the work involves the care or instruction of minors; and 24 (b) whether before of after the commencement of this subsection, the 25 person has been-- 26 (i) convicted in Queensland or elsewhere of an offence of a 27 sexual nature involving a child; or 28

s 17 19 s 19 Discrimination Law Amendment Bill 2002 (ii) disqualified from working with children under an Act of a 1 State or of the Commonwealth.'. 2 17 Omission of s 29 (Educational or health-related institution with Clause 3 religious purposes) 4 Section 29-- 5 omit. 6 18 Omission of s 42 (Non-State school authority) Clause 7 Section 42-- 8 omit. 9 19 Insertion of new s 45A Clause 10 After section 45-- 11 insert-- 12 `45A Non-application of s 46 to provision of assisted reproductive 13 technology services 14 `(1) Section 46 does not apply to the provision of assisted reproductive 15 technology services if the discrimination is on the basis of marital status or 16 sexuality. 17 `(2) In this section-- 18 "assisted reproductive technology services" means-- 19 (a) services provided in the course of, or for the purpose of, any of 20 the following-- 21 (i) in-vitro fertilisation; 22 (ii) artificial insemination; 23 (iii) gamete, zygote or embryo transfer; or 24 (b) any other services provided for the purpose of assisting in 25 artificial fertilisation.'. 26

s 20 20 s 22 Discrimination Law Amendment Bill 2002 20 Amendment of s 109 (Religious bodies) Clause 1 (1) Section 109(d), `section 29 (Educational or health-related institution 2 with religious purposes) or'-- 3 omit. 4 (2) Section 109-- 5 insert-- 6 `(2) An exemption under subsection (1)(d) does not apply in the work or 7 work related area or in the education area.'. 8 21 Amendment of s 111 (Sport) Clause 9 (1) Section 111(3)-- 10 renumber as section 111(4). 11 (2) Section 111-- 12 insert-- 13 `(3) Subsection (1) does not stop participation in a competitive sporting 14 activity being restricted on the basis of gender identity, if the restriction is 15 reasonable having regard to the strength, stamina or physique requirements 16 of the activity.'. 17 22 Amendment of s 124A (Racial or religious vilification unlawful) Clause 18 (1) Section 124A, heading-- 19 omit, insert-- 20 `124A Vilification on grounds of race, religion, sexuality or gender 21 identity unlawful'. 22 (2) Section 124A(1), `race or religion'-- 23 omit, insert-- 24 `race, religion, sexuality or gender identity'. 25

s 23 21 s 25 Discrimination Law Amendment Bill 2002 23 Amendment of s 130 (Meaning of victimisation) Clause 1 Section 130(1)(a)(ii), `, for the purposes of a proceeding under the 2 Act,'-- 3 omit. 4 24 Amendment of s 131A (Offence of serious racial or religious Clause 5 vilification) 6 (1) Section 131A, heading, `racial or religious'-- 7 omit, insert-- 8 `racial, religious, sexuality or gender identity'. 9 (2) Section 131A(1), `race or religion'-- 10 omit, insert-- 11 `race, religion, sexuality or gender identity'. 12 25 Amendment of s 134 (Who may complain) Clause 13 Section 134-- 14 insert-- 15 `(3) A relevant entity may complain to the commissioner about a relevant 16 alleged contravention. 17 `(4) However, the commissioner may accept the relevant entity's 18 complaint under section 1415 only if the commissioner is satisfied that-- 19 (a) the complaint is made in good faith; and 20 (b) the relevant alleged contravention is about conduct that has 21 affected or is likely to affect relevant persons for the relevant 22 entity; and 23 (c) it is in the interests of justice to accept the complaint. 24 `(5) In this section-- 25 5 Section 141 (Time limit on acceptance or rejection of complaints)

s 26 22 s 27 Discrimination Law Amendment Bill 2002 "relevant alleged contravention" means an alleged contravention of 1 section 124A.6 2 "relevant entity" means a body corporate or an unincorporated body, a 3 primary purpose of which is the promotion of the interests or welfare 4 of persons of a particular race, religion, sexuality or gender identity. 5 "relevant persons", for a relevant entity, means persons the promotion of 6 whose interests or welfare is a primary purpose of the relevant entity.'. 7 26 Amendment of s 136 (Making a complaint) Clause 8 (1) Section 136(c)-- 9 renumber as section 136(d). 10 (2) Section 136-- 11 insert-- 12 `(c) state the complainant's address for service; and'. 13 27 Amendment of s 143 (Respondent is to be notified of accepted Clause 14 complaint) 15 Section 143-- 16 insert-- 17 `(2) The notice to the respondent must also state the following-- 18 (a) the complainant's address for service; 19 (b) that the respondent must advise the commissioner of the 20 respondent's address for service; 21 (c) that the respondent may give a written response to the allegations 22 included in the complaint; 23 (d) that within 28 days after the respondent receives the notice, the 24 respondent must, if giving a written response-- 25 (i) give the written response to the commissioner; and 26 (ii) give a copy of the written response to the complainant; 27 6 Section 124A (Vilification on grounds of race, religion, sexuality or gender identity unlawful)

s 28 23 s 28 Discrimination Law Amendment Bill 2002 (e) that the respondent must include, with the written response given 1 to the commissioner, advice as to whether it has been given to the 2 complainant; 3 (f) that the respondent may ask the commissioner for an early 4 conciliation conference whether or not the respondent gives a 5 written response; 6 (g) that if the respondent does not, within the 28 days mentioned in 7 paragraph (d), give the commissioner a written response or ask 8 the commission to arrange for an early conciliation conference, a 9 conciliation conference will be held on a date stated in the notice. 10 `(3) If the respondent does not, within the 28 days mentioned in 11 subsection (2)(d), give the commissioner a written response or ask the 12 commission to arrange for an early conciliation conference, the notice has 13 effect as a direction under section 159(1)7 to the respondent to take part in a 14 conciliation conference on the date stated in the notice under 15 subsection (2)(g). 16 `(4) The giving of the notice to the respondent does not stop the 17 commissioner from exercising, at any time, the commissioner's power 18 under section 159(1) to direct the complainant and the respondent to take 19 part in a conciliation conference-- 20 (a) whether or not the 28 days mentioned in subsection (2)(d) has 21 expired; and 22 (b) whether or not the commissioner has received any 23 communication from the respondent. 24 `(5) The stated date for subsection (2)(g) must be not more than 14 days 25 after the 28 days mentioned in subsection (2)(d).'. 26 28 Amendment of s 153 (Dismissed worker lodges complaint first) Clause 27 Section 153(b), after `complaint'-- 28 insert-- 29 `and being notified under section 141 that the complaint has been 30 accepted'. 31 7 Section 159 (Attendance at conciliation conference)

s 29 24 s 30 Discrimination Law Amendment Bill 2002 29 Insertion of new s 154A Clause 1 Chapter 7, part 1, division 2-- 2 insert-- 3 `154A Investigation of complaint 4 `The commissioner may investigate a complaint accepted under 5 section 141.8'. 6 30 Amendment of s 155 (Investigation of complaints) Clause 7 (1) Section 155, heading-- 8 omit, insert-- 9 `155 Requirement to initiate investigation'. 10 (2) Section 155(1)(c)-- 11 omit. 12 (3) Section 155(4)-- 13 omit. 14 (4) Section 155(5) and (6)-- 15 renumber as section 155(4) and (5). 16 (5) Section 155(4), as renumbered, `If the matter'-- 17 omit, insert-- 18 `If a matter'. 19 (6) Section 155(5), as renumbered, `subsection (5)'-- 20 omit, insert-- 21 `subsection (4)'. 22 (7) Section 155-- 23 insert-- 24 `(6) This section does not apply to complaints accepted under 25 section 141.'. 26 8 Section 141 (Time limit on acceptance or rejection of complaints)

s 31 25 s 33 Discrimination Law Amendment Bill 2002 31 Insertion of new s 164A Clause 1 Chapter 7, part 1, division 4-- 2 insert-- 3 `164A Right of complainant to seek referral to tribunal after 4 conciliation conference 5 `(1) This section applies if-- 6 (a) a conciliation conference has been held under division 3 in 7 relation to a complaint; and 8 (b) the complaint has not been resolved by conciliation. 9 `(2) The complainant may give the commissioner a written notice 10 requiring the commissioner to refer the complaint to the tribunal. 11 `(3) The commissioner must promptly-- 12 (a) refer the complaint to the tribunal; and 13 (b) give the respondent a copy of the complaint. 14 `(4) However the commissioner is not required to act under 15 subsection (3) if the commissioner decides to act under section 1689 in 16 relation to the complaint. 17 `(5) If the complainant acts under subsection (2), sections 165 to 167 18 stop applying in relation to the complaint.'. 19 32 Amendment of s 188 (Tribunal to refer complaint for conciliation) Clause 20 Section 188(b), after `commissioner'-- 21 insert-- 22 `or the registrar'. 23 33 Amendment of s 201 (Tribunal's powers relating to attendance at Clause 24 hearing and evidence) 25 Section 201-- 26 insert-- 27 9 Section 168 (Frivolous etc. complaint lapses)

s 34 26 s 35 Discrimination Law Amendment Bill 2002 `(6) The reference to any person in subsection (1) includes a reference to 1 any person the tribunal considers should attend the hearing, whether or not 2 a party to the hearing requires the person as a witness.'. 3 34 Amendment of s 208 (Evaluation of evidence) Clause 4 (1) Section 208(1)(c) to (i)-- 5 renumber as section 208(e) to (k). 6 (2) Section 208(1)(a) and (b)-- 7 omit, insert-- 8 `(a) must have regard to the reasons for the enactment of this Act as 9 stated in the preamble; and 10 (b) may inform itself on any matter as it considers appropriate; and 11 (c) must act according to equity, good conscience and the substantial 12 merits of the case without regard to technicalities and legal 13 forms; and 14 (d) must conduct itself in a way that will enable costs or delay to be 15 reduced and will help to achieve a prompt hearing of the matters 16 at issue between the parties; and'. 17 35 Amendment of s 209 (Orders the tribunal may make if complaint Clause 18 is proven) 19 (1) Section 209(1)(d)-- 20 renumber as section 209(1)(h). 21 (2) Section 209(1)-- 22 insert-- 23 `(d) an order requiring the respondent to make a private apology or 24 retraction; 25 (e) an order requiring the respondent to make a public apology or 26 retraction by publishing the apology or retraction in the way, and 27 in the form, stated in the order; 28 (f) an order requiring the respondent to implement programs to 29 eliminate unlawful discrimination; 30

s 36 27 s 36 Discrimination Law Amendment Bill 2002 (g) an order requiring a party to pay interest on an amount of 1 compensation;'. 2 (3) Section 209(2), `subsection (1)(a), (b) or (c)'-- 3 omit, insert-- 4 `subsection (1)(a), (b), (c), (d), (e), (f) or (g)'. 5 36 Amendment of s 213 (Costs) Clause 6 Section 213-- 7 insert-- 8 `(2) However, costs must be assessed using the scale of costs for the 9 District Court under the Uniform Civil Procedure Rules 1999 unless the 10 tribunal is satisfied that, because of the complexity of the matter, or 11 because of another reason, costs should be assessed using a higher scale. 12 `(3) In deciding whether to order a party to pay costs, the tribunal may 13 have regard to-- 14 (a) the reasons for the enactment of this Act as stated in the 15 preamble, and whether these reasons would be compromised or 16 defeated in ordering the party to pay costs; and 17 (b) the fairness of a costs order, having regard to the following-- 18 (i) whether a party has conducted the proceeding in a way that 19 unnecessarily disadvantaged another party to the 20 proceeding, including, for example, by-- 21 (A) failing to comply with an order or direction of the 22 tribunal without reasonable excuse; or 23 (B) failing to comply with this Act; or 24 (C) asking for an adjournment as a result of 25 subsubparagraph (A) or (B); or 26 (D) causing an adjournment; or 27 (E) attempting to deceive another party or the tribunal; or 28 (F) vexatiously conducting the proceeding; 29 (ii) whether a party has been responsible for prolonging 30 unreasonably the time taken to complete the proceeding; 31

s 37 28 s 37 Discrimination Law Amendment Bill 2002 (iii) the relative strengths of the claims made by each of the 1 parties; 2 (iv) whether a party reasonably believed there had been a 3 contravention of this Act; 4 (v) the nature and complexity of the proceeding; 5 (vi) any other matter the tribunal considers relevant. 6 `(4) Subsection (3) does not limit subsection (1). 7 8 Example of operation of this section-- 9 The tribunal may consider it not to be appropriate to order costs if the subject matter 10 involves issues of particular complexity or if the decision may establish important 11 precedents in the interpretation or application of this Act.'. 37 Insertion of new ch 7, pt 2, div 3A Clause 12 Chapter 7, part 2-- 13 insert-- 14 `Division 3A--Offers to settle 15 `213A Presumption of order for costs if offer to settle is rejected 16 `(1) This section applies if-- 17 (a) a party to a proceeding before the tribunal gives another party an 18 offer in writing to settle the proceeding; and 19 (b) the other party does not accept the offer while the offer is open; 20 and 21 (c) the offer complies with any requirements of this division for an 22 offer to settle; and 23 (d) in the tribunal's opinion, the orders made by the tribunal in the 24 proceeding are not more favourable to the other party than the 25 offer. 26 `(2) If the tribunal considers it reasonable to do so, it may make an order 27 in favour of the party who made the offer requiring the other party to pay 28 all costs incurred by the offering party after the offer was made. 29 `(3) In making an order under subsection (2), the tribunal may have 30 regard to the matters mentioned in section 213(3). 31

s 37 29 s 37 Discrimination Law Amendment Bill 2002 `(4) In deciding whether its orders are or are not more favourable to a 1 party than an offer, the tribunal-- 2 (a) must take into account any costs it would have ordered on the 3 date the offer was made; and 4 (b) must disregard any interest or costs it orders for any period after 5 the date the offer was received. 6 `213B Offer to settle 7 `(1) An offer to settle is taken to have been made without prejudice. 8 `(2) The tribunal is not able to be told of the making of the offer to settle 9 until after it has made its orders under section 209 or 210.10 10 `(3) A party may give more than 1 offer to settle. 11 `(4) If an offer to settle provides for the payment of money, the offer 12 must state when the money is to be paid. 13 `213C Acceptance of offer to settle 14 `(1) An offer to settle must be open for acceptance until immediately 15 before the tribunal makes any order under section 209 or 210, or until the 16 expiry of a stated period after the offer is made, whichever happens first. 17 `(2) The stated period must be at least 14 days. 18 `(3) Without the permission of the tribunal, an offer to settle can not be 19 withdrawn, whether or not to make a new offer, while it is open for 20 acceptance. 21 `(4) For the decision of whether to give permission under 22 subsection (3)-- 23 (a) the tribunal must be constituted by a member who is not the 24 member constituting the tribunal for the proceeding generally; 25 and 26 (b) the tribunal may examine the offer to settle. 27 `(5) A party can only accept an offer to settle by giving the party who 28 made it a signed notice of acceptance. 29 10 Section 209 (Orders the tribunal may make if complaint is proven) or 210 (Tribunal may dismiss complaint)

s 38 30 s 39 Discrimination Law Amendment Bill 2002 `(6) A party may accept an offer to settle even though it has made a 1 counteroffer. 2 `213D Consequences if accepted offer is not complied with 3 `If an offer to settle is accepted, but the party who made the offer does 4 not comply with its terms, the tribunal, on the application of the party who 5 accepted the offer, may-- 6 (a) make an order giving effect to the terms of the offer; or 7 (c) if the party who accepted the offer is the complainant--make 8 orders it could have made under section 209 if the proceeding 9 had been finished; or 10 (b) if the party making the offer was the complainant--dismiss the 11 complaint.'. 12 38 Insertion of new s 215A Clause 13 Chapter 7, part 2, division 4-- 14 insert-- 15 `215A Tribunal may dismiss frivolous and other complaints 16 `(1) If, at any stage of a proceeding, the tribunal is satisfied that a 17 complaint is frivolous, vexatious, misconceived or lacking in substance, or 18 that for any other reason the complaint should not be further considered, it 19 may dismiss the complaint. 20 `(2) The tribunal may act under subsection (1) on its own initiative or on 21 the application of a party to the proceeding.'. 22 39 Replacement of s 216 (Supreme Court opinions) Clause 23 Section 216-- 24 omit, insert-- 25 `216 Supreme Court opinion 26 `(1) The tribunal may, at any stage of a proceeding, and on the terms it 27 considers appropriate, state a written case for the opinion of the Supreme 28 Court on a question of law relevant to the proceeding. 29 `(2) The court may-- 30

s 40 31 s 41 Discrimination Law Amendment Bill 2002 (a) hear and decide the matter raised by the case stated; and 1 (b) remit the case, with its opinion, to the tribunal. 2 `(3) The tribunal must give effect to the court's opinion.'. 3 40 Amendment of s 236 (Commissioner's powers) Clause 4 Section 236-- 5 insert-- 6 `(3) If the commissioner, in exercising its powers, asks a person to give 7 the commissioner a document or other material, the commissioner may 8 include with the request a requirement that the giving of the document or 9 other material be done within the time stated in the requirement.'. 10 41 Amendment of ch 10 Clause 11 Chapter 10, before section 264-- 12 insert-- 13 `PART 1--SERVICE 14 `263A Definitions for pt 1 15 `In this part-- 16 "document" includes a copy of a document. 17 "give" includes provide. 18 "relevant party", for a complaint, means the complainant or respondent in 19 relation to the complaint. 20 `263B Operation of pt 1 21 `This part, and not the Acts Interpretation Act 1954, section 39, applies 11 22 for the giving of documents under this Act to a relevant party for a 23 complaint. 24 11 Acts Interpretation Act 1954, section 39 (Service of documents)

s 41 32 s 41 Discrimination Law Amendment Bill 2002 `263C General requirement for address of service 1 `The address for service of a relevant party for a complaint as advised to 2 the commissioner or the tribunal must be a residential or business address 3 or a post office box address. 4 `263D Advice to tribunal of address for service 5 `(1) An address for service of a relevant party for a complaint, as notified 6 to the commissioner, may be used by both the commissioner and the 7 tribunal as the relevant party's address for service for the complaint. 8 `(2) However, if a relevant party for a complaint has not given the 9 commissioner the party's address for service, the relevant party must advise 10 the tribunal of the relevant party's address for service if the complaint is 11 referred to the tribunal. 12 `263E Change of address for service 13 `(1) A relevant party for a complaint may, at any time before the 14 complaint is finally dealt with by the commissioner, give written notice to 15 the commissioner of a change in the relevant party's address for service. 16 `(2) A relevant party for a complaint may, at any time before the 17 complaint is finally dealt with by the tribunal, advise the tribunal of a 18 change in the relevant party's address for service. 19 `(3) A relevant party for a complaint-- 20 (a) must give all other relevant parties for the complaint a copy of a 21 written notice given under subsection (1) or (2); and 22 (b) must give the commissioner a copy of a written notice given 23 under subsection (2). 24 `263F Use of address for service 25 `(1) For a complaint, the address for service of a relevant party for the 26 complaint is the relevant party's address for service-- 27 (a) for the commissioner or the tribunal--as most recently notified to 28 the commissioner or the tribunal; or 29 (b) for another relevant party for the complaint--as most recently 30 notified to the other relevant party. 31

s 41 33 s 41 Discrimination Law Amendment Bill 2002 `(2) If a document is required or permitted to be given to a relevant party 1 for a complaint, the document is taken to be given to the relevant party if 1 2 of the following applies-- 3 (a) the relevant party is an individual, and the document is handed to 4 the relevant party personally; 5 (b) the document is posted to the relevant party's address for service; 6 (c) the relevant party's address for service is a residential address, 7 and the document is left with someone apparently living at the 8 address who is apparently at least 16 years; 9 (d) the relevant party is a body corporate, its address for service is a 10 business address, and the document is left at the address for 11 service. 12 `(3) Despite subsection (2)(c) and (d), if the relevant party's address for 13 service is a residential or business address and is a place in a building or 14 area to which a person delivering a document is denied access, the 15 document is taken to be given to the relevant party if it is left at the building 16 or area in a position where it is reasonably likely to come to the attention of 17 the relevant party. 18 `(4) Subsection (2)(b) does not stop the relevant party from establishing 19 that the relevant party was not given the document by proving that the 20 document was not delivered to the address for service. 21 `(5) If the document is given to a relevant party under subsection (2)(c) 22 or (d) or (3), the giving of the document is taken to have been effected on 23 the business day after the document is left in the way required. 24 `263G Communication effected by giving of document 25 `(1) This section applies if the commissioner or tribunal is required or 26 permitted under this Act, in relation to a complaint, to communicate with a 27 relevant party for the complaint including, for example, by doing any of the 28 following-- 29 (a) notifying the relevant party of something, whether or not in 30 writing; 31 (b) asking or telling the relevant party something, whether or not in 32 writing; 33 (c) giving the relevant party reasons for something, whether or not in 34 writing; 35

s 41 34 s 41 Discrimination Law Amendment Bill 2002 (d) giving the relevant party a direction, or otherwise ordering the 1 relevant party to do something, whether or not in writing; 2 (e) writing to the relevant party to tell the relevant party something. 3 `(2) The commissioner or tribunal may effect the communication by-- 4 (a) putting the substance of the communication into a document; and 5 (b) giving the document to the relevant party in a way provided for 6 under this part for the giving of a document to a relevant party for 7 a complaint. 8 9 Example-- 10 Section 169(1)12 includes a requirement for the commissioner to tell a complainant in 11 writing that a complaint will lapse unless the complainant indicates that the 12 complainant wishes to continue with it. The commissioner may tell the complainant 13 about the lapsing of the complaint by including the information in a document and 14 posting the document to the complainant's address for service. `263H No address for service advised 15 `(1) This section applies if the address for service of a relevant party for 16 a complaint is not known-- 17 (a) because of the relevant party's failure to comply with a 18 requirement for advising an address for service; or 19 (b) because the relevant party is a respondent, and has not yet been 20 notified under section 143.13 21 `(2) The relevant party's address for service is taken to be-- 22 (a) for an individual--the individual's last known place of business 23 or residence; or 24 (b) for a body corporate--the body corporate's head office or its 25 principal or registered office. 26 `(3) For subsection (1)(a), a relevant party's failure to comply with a 27 requirement for advising an address for service includes a respondent's 28 failure to advise the commissioner of the respondent's address for service 29 after receiving a notice under section 143. 30 12 Section 169 (Complaint may lapse if complainant loses interest) 13 Section 143 (Respondent is to be notified of accepted complaint)

s 42 35 s 43 Discrimination Law Amendment Bill 2002 `263I Email or fax address 1 `(1) A relevant party for a complaint may, as well as advising the relevant 2 party's address for service, also advise an email address or fax number for 3 the relevant party. 4 `(2) If a relevant party for a complaint, in advising an address for service, 5 has also advised an email address or fax number and has stated a 6 preference for the use of the email address or fax number for the service of 7 documents, a document to be given to the relevant party in relation to the 8 complaint may be, but is not required to be, given to the relevant party by 9 using the email address or fax number. 10 `PART 2--OTHER MATTERS'. 11 42 Insertion of new ch 11 and pt hdg Clause 12 Before section 268-- 13 insert-- 14 `CHAPTER 11--TRANSITIONAL PROVISIONS 15 `PART 1--TRANSITIONAL PROVISION FOR ACT 16 NO. 29 OF 1994'. 17 43 Insertion of new ch 11, pt 2 and sch heading Clause 18 After section 268-- 19 insert-- 20 `PART 2--TRANSITIONAL PROVISIONS FOR 21 DISCRIMINATION LAW AMENDMENT ACT 2002 22 `269 Application of amendments made by Discrimination Law 23 Amendment Act 2002 24 `(1) The following provisions of this Act, as inserted, or to the extent 25 amended, by the Discrimination Law Amendment Act 2002, do not apply 26

s 43 36 s 43 Discrimination Law Amendment Bill 2002 for the purposes of a complaint received by the commissioner before the 1 commencement of this section-- 2 (a) section 136; 3 (b) section 143(2) to (5); 4 (c) section 153; 5 (d) section 154A; 6 (e) section 155; 7 (f) section 164A. 8 `(2) The provisions of this Act, as inserted, or to the extent amended, by 9 the Discrimination Law Amendment Act 2002, other than the provisions 10 mentioned in subsection (1), apply for the purposes of a complaint, 11 whether the complaint was received by the commissioner before or after 12 the commencement of this section. 13 `270 Operation of service provisions for complaints received before 14 commencement 15 `(1) This section provides for the application of chapter 10, part 1 to a 16 complaint received by the commissioner before the commencement of this 17 section. 18 `(2) Despite section 269(2), nothing in chapter 10, part 1 requires a 19 relevant party for the complaint to advise the commissioner, the tribunal or 20 another relevant party for the complaint of the relevant party's address for 21 service. 22 `(3) However-- 23 (a) a relevant party for the complaint may at any time advise an 24 address for service in the same way a relevant party for a 25 complaint may advise a change of the relevant party's address for 26 service under section 263E;14 and 27 (b) if a relevant party for the complaint has not advised an address 28 for service, the relevant party's address for service is taken to be 29 the address mentioned for the party in section 263H(2).15 30 `(4) In this section-- 31 14 Section 263E (Change of address for service) 15 Section 263H (No address for service advised)

s 44 37 s 45 Discrimination Law Amendment Bill 2002 "relevant party", for a complaint, means the complainant or respondent in 1 relation to the complaint. 2 `SCHEDULE 3 `DICTIONARY 4 section 4'. 5 PART 5--AMENDMENT OF GUARDIANSHIP AND 6 ADMINISTRATION ACT 2000 7 44 Act amended in pt 5 Clause 8 This part amends the Guardianship and Administration Act 2000. 9 45 Insertion of new ch 12, pt 5 Clause 10 After section 262A-- 11 insert-- 12 `PART 5--TRANSITIONAL PROVISION FOR 13 DISCRIMINATION LAW AMENDMENT ACT 2002 14 `262B Application of amendments made by Discrimination Law 15 Amendment Act 2002 16 `(1) This section applies for the reference to a community visitor's 17 spouse in section 231(7) if-- 18 (a) the community visitor was appointed before the commencement 19 of the Acts Interpretation Act 1954, section 32DA16 20 ("section 32DA"); and 21 16 Acts Interpretation Act 1954, section 32DA (Meaning of "de facto partner")

s 46 38 s 48 Discrimination Law Amendment Bill 2002 (b) the spouse was, immediately before the commencement, a de 1 facto partner of the person as defined under section 32DA. 2 `(2) While the spouse continues to be a de facto partner of the person, 3 section 231(7) does not apply for the spouse. 4 `(3) However, subsection (2) applies only for the person's term of 5 holding office as a community visitor that was current at the 6 commencement of section 32DA.'. 7 PART 6--AMENDMENT OF JUDGES (PENSIONS AND 8 LONG LEAVE) ACT 1957 9 46 Act amended in pt 6 Clause 10 This part amends the Judges (Pensions and Long Leave) Act 1957. 11 47 Amendment of s 2 (Definitions) Clause 12 Section 2-- 13 insert-- 14 ` "live together as a couple" means live together as a couple on a genuine 15 domestic basis within the meaning of the Acts Interpretation Act 1954, 16 section 32DA.17'. 17 48 Amendment of s 7 (Pension of spouse on death of judge) Clause 18 Section 7-- 19 insert-- 20 `(2) However-- 21 (a) if the spouse is a de facto partner, the spouse is entitled to a 22 pension under subsection (1) only if the judge and the spouse had 23 lived together as a couple-- 24 17 Acts Interpretation Act 1954, section 32DA (Meaning of "de facto partner")

s 49 39 s 49 Discrimination Law Amendment Bill 2002 (i) for a continuous period of at least 2 years ending on the 1 death; or 2 (ii) for a shorter period ending on the death, if the 3 circumstances of the de facto relationship of the judge and 4 the spouse evidenced a clear intention that the relationship 5 be a long term, committed relationship; and 6 (b) if the judge died leaving more than 1 spouse-- 7 (i) the pensions of all the spouses are limited to the pension 8 (the "total pension") that would have been payable had the 9 judge died leaving only 1 spouse; and 10 (ii) the total pension must be apportioned between the spouses 11 in the way the Minister considers appropriate. 12 `(3) Subsection (2)(a) applies despite the Acts Interpretation Act 1954, 13 section 32DA(6).'. 14 49 Amendment of s 8 (Pension of spouse on death of retired judge) Clause 15 (1) Section 8, `whose marriage to the judge happened before the 16 retirement'-- 17 omit. 18 (2) Section 8-- 19 insert-- 20 `(2) However-- 21 (a) if the spouse is a husband or wife, the spouse is entitled to a 22 pension under subsection (1) only if his or her marriage to the 23 retired judge happened before the judge's retirement; and 24 (b) if the spouse is a de facto partner, the spouse is entitled to a 25 pension under subsection (1) only if-- 26 (i) the spouse was a spouse of the retired judge both when the 27 judge retired and when the judge died; and 28 (ii) the retired judge and the spouse had lived together as a 29 couple-- 30 (A) for a continuous period of at least 2 years ending on the 31 death; or 32

s 50 40 s 50 Discrimination Law Amendment Bill 2002 (B) for a shorter period ending on the death, if the 1 circumstances of the de facto relationship of the judge 2 and the spouse evidenced a clear intention that the 3 relationship be a long term, committed relationship; 4 and 5 (c) if the retired judge died leaving more than 1 spouse-- 6 (i) the pensions of all the spouses are limited to the pension 7 (the "total pension") that would have been payable had the 8 judge died leaving only 1 spouse; and 9 (ii) the total pension must be apportioned between the spouses 10 in the way the Minister considers appropriate. 11 `(3) Subsection (2)(b) applies despite the Acts Interpretation Act 1954, 12 section 32DA(6).'. 13 50 Amendment of s 8A (Pension for children of deceased judge) Clause 14 (1) Section 8A(1), definitions "eligible child" and "spouse"-- 15 omit. 16 (2) Section 8A(1)-- 17 insert-- 18 ` "eligible child", of a judge, means-- 19 (a) if the judge died before retirement--a person who is under 20 16 years or, if the person is receiving full-time education at a 21 school, college or university, is under 25 years and who-- 22 (i) is a child of the judge; or 23 (ii) when the judge died, was a child of a person who, on the 24 death of the judge, became a person entitled to receive a 25 pension under section 7; or 26 (b) if the judge died after retirement--a person who is under 27 16 years or, if the person is receiving full-time education at a 28 school, college or university, is under 25 years and who-- 29 (i) is a child of the judge; or 30 (ii) when the judge retired, was a child of a person who, on the 31 death of the judge, became a person entitled to receive a 32 pension under section 8.'. 33

s 51 41 s 54 Discrimination Law Amendment Bill 2002 PART 7--AMENDMENT OF LAND TAX ACT 1915 1 51 Act amended in pt 7 Clause 2 This part amends the Land Tax Act 1915. 3 52 Amendment of s 3 (Definitions) Clause 4 insert-- 5 ` "spouse" see section 3BA.'. 6 53 Insertion of new s 3BA Clause 7 After section 3B-- 8 insert-- 9 `3BA Meaning of "spouse" 10 `(1) A person's "spouse" is the person's-- 11 (a) husband or wife; or 12 (b) de facto partner.18 13 `(2) However, for subsection (1)(b), a person is a de facto partner of 14 another person only if they are living together as a couple on a genuine 15 domestic basis within the meaning of the Acts Interpretation Act 1954, 16 section 32DA, and, for at least 2 years, have so lived together as a couple. 17 `(3) This section applies despite the Acts Interpretation Act 1954, 18 section 32DA(6).'. 19 54 Amendment of s 11 (Taxable value) Clause 20 Section 11(6F), `husband, wife'-- 21 omit, insert-- 22 `spouse'. 23 18 See the Acts Interpretation Act 1954, section 32DA (Meaning of "de facto partner").

s 55 42 s 59 Discrimination Law Amendment Bill 2002 55 Amendment of s 11B (Provisions relating to land comprised in a Clause 1 building units plan etc.) 2 Section 11B(3B), `husband, wife'-- 3 omit, insert-- 4 `spouse'. 5 56 Amendment of s 11BA (Provisions relating to scheme land for a Clause 6 community titles scheme) 7 Section 11BA(5), `husband, wife'-- 8 omit, insert-- 9 `spouse'. 10 57 Amendment of s 11C (Deduction--home unit companies) Clause 11 Section 11C(2A) and (2B), `husband, wife'-- 12 omit, insert-- 13 `spouse'. 14 PART 8--AMENDMENT OF PROPERTY LAW ACT 1974 15 58 Act amended in pt 8 Clause 16 This part amends the Property Law Act 1974. 17 59 Replacement of s 260 (Meaning of "de facto spouse") Clause 18 Section 260-- 19 omit, insert-- 20 `260 Extended meaning of "de facto partner" for pt 19 21 `(1) A reference to a "de facto partner" is a reference to either 1 of 2 22 persons who-- 23

s 60 43 s 60 Discrimination Law Amendment Bill 2002 (a) are, under the Acts Interpretation Act 1954, section 32DA 1 ("section 32DA"),19 de facto partners of each other; or 2 (b) have been, or would have been had section 32DA been in force, 3 de facto partners of each other, but who are no longer living 4 together as a couple on a genuine domestic basis within the 5 meaning of section 32DA. 6 `(2) Subsection (1)(b) applies despite the Acts Interpretation Act 1954, 7 section 32DA(6).'. 8 60 Amendment of s 323 (Effect of declaration) Clause 9 (1) Section 323(2), after `de facto relationship'-- 10 insert-- 11 `and to have been or not to have been de facto partners for this part and 12 the Acts Interpretation Act 1954, section 32DA ("section 32DA"),20'. 13 (2) Section 323(3)-- 14 omit, insert-- 15 `(3) The declaration-- 16 (a) only has effect for the persons, and for the date or during the 17 period, stated in it; and 18 (b) has effect for the purposes of another Act only to establish 19 whether the persons were, on the stated date or during the stated 20 period, de facto partners of each other, as defined in 21 section 32DA.21'. 22 19 Acts Interpretation Act 1954, section 32DA (Meaning of "de facto partner") 20 Acts Interpretation Act 1954, section 32DA (Meaning of "de facto partner") 21 See the example and note for section 316 (Purpose of div 5).

s 61 44 s 63 Discrimination Law Amendment Bill 2002 PART 9--AMENDMENT OF PUBLIC TRUSTEE ACT 1 1978 2 61 Act amended in pt 9 Clause 3 This part amends the Public Trustee Act 1978. 4 62 Amendment of s 54 (Where residue may be paid to spouse) Clause 5 Section 54-- 6 insert-- 7 `(3) For subsections (1) and (2), the spouse of the intestate includes a de 8 facto partner of the intestate only if the intestate and the de facto partner 9 had lived together as a couple on a genuine domestic basis within the 10 meaning of the Acts Interpretation Act 1954, section 32DA22 for a 11 continuous period of at least 2 years ending on the intestate's death. 12 `(4) Subsection (3) applies despite the Acts Interpretation Act 1954, 13 sections 32DA(6).'. 14 63 Amendment of s 88 (Disposal of property on death where value Clause 15 under $50 000) 16 (1) Section 88(1)(d), `husband, wife'-- 17 omit, insert-- 18 `spouse'. 19 (2) Section 88-- 20 insert-- 21 `(4) For subsection (1)(d), the spouse of the incapacitated person 22 includes a de facto partner of the person only if the person and the de facto 23 partner had lived together as a couple on a genuine domestic basis within 24 the meaning of the Acts Interpretation Act 1954, section 32DA23 for a 25 continuous period of at least 2 years ending on the person's death. 26 22 Acts Interpretation Act 1954, section 32DA (Meaning of "de facto partner") 23 Acts Interpretation Act 1954, section 32DA (Meaning of "de facto partner")

s 64 45 s 65 Discrimination Law Amendment Bill 2002 `(5) Subsection (4) applies despite the Acts Interpretation Act 1954, 1 sections 32DA(6).'. 2 64 Amendment of s 94 (Powers of public trustee) Clause 3 Section 94-- 4 insert-- 5 `(5) The reference in subsection (1)(d) to the prisoner's spouse includes a 6 reference to-- 7 (a) if the prisoner was already imprisoned when this subsection 8 commenced--a person who would have been, immediately 9 before the prisoner was imprisoned, the prisoner's de facto 10 partner had the Acts Interpretation Act 1954, section 32DA24 11 been in force; or 12 (b) otherwise--a person who was, immediately before the prisoner 13 was imprisoned, the prisoner's de facto partner.'. 14 65 Amendment of s 107 (Powers as administrator of unclaimed Clause 15 property) 16 Section 107-- 17 insert-- 18 `(5) The reference in subsection (1)(c) to the spouse of the owner 19 includes a reference to-- 20 (a) if the last known contact with the owner happened before this 21 subsection commenced--a person who would have been, when 22 the last known contact happened, the owner's de facto partner 23 had the Acts Interpretation Act 1954, section 32DA25 been in 24 force; or 25 (b) otherwise--a person who was, immediately before the last 26 known contact with the owner happened, the owner's de facto 27 partner.'. 28 24 Acts Interpretation Act 1954, section 32DA (Meaning of "de facto partner") 25 Acts Interpretation Act 1954, section 32DA (Meaning of "de facto partner")

s 66 46 s 68 Discrimination Law Amendment Bill 2002 66 Insertion of new pt 10, div 3 Clause 1 After section 148-- 2 insert-- 3 `Division 3--Transitional provision for Discrimination Law Amendment 4 Act 2002 5 `149 Application of amendments made by Discrimination Law 6 Amendment Act 2002 7 `The amendments of this Act and the Acts Interpretation Act 1954 made 8 by the Discrimination Law Amendment Act 2002 do not apply in relation to 9 this Act for-- 10 (a) a will executed before the amendments commenced; or 11 (b) the estate of a person who died before the amendments 12 commenced.'. 13 PART 10--AMENDMENT OF REGISTRATION OF 14 BIRTHS, DEATHS AND MARRIAGES ACT 1962 15 67 Act amended in pt 10 Clause 16 This part amends the Registration of Births, Deaths and Marriages Act 17 1962. 18 68 Amendment of s 5 (Interpretation) Clause 19 Section 5(1)-- 20 insert-- 21 ` "adopted children register" means the Adopted Children Register kept 22 under the Adoption of Children Act 1964. 23 "recognition certificate" means a certificate issued under the law of 24 another State that identifies the person who is the subject of the 25 certificate as having undergone sexual reassignment surgery and as 26 being the sex stated in the certificate. 27

s 69 47 s 70 Discrimination Law Amendment Bill 2002 "sexual reassignment surgery" means a surgical procedure involving the 1 alteration of a person's reproductive organs carried out-- 2 (a) to help the person to be considered to be a member of the 3 opposite sex; or 4 (b) to correct or eliminate ambiguities about the sex of the person.'. 5 69 Amendment of s 22 (Searches and copies) Clause 6 Section 22-- 7 insert-- 8 `(3E) After the reregistration of the birth of a person (the "relevant 9 person") under section 29B(4), a certificate or extract obtained from the 10 registrar general under subsection (1)-- 11 (a) must show the relevant person's sex in accordance with the 12 reregistration; and 13 (b) must not include a statement or other clear indication to the effect 14 that a change of the relevant person's sex has been entered in the 15 register of births. 16 `(3F) However, any of the following persons may, on payment of the 17 prescribed fee, apply to the registrar general for a certificate from the entry 18 for the relevant person that was closed on the reregistration-- 19 (a) the relevant person; 20 (b) a child of the relevant person; 21 (c) a parent of the relevant person, if the relevant person is a child; 22 (d) a person prescribed under a regulation.'. 23 70 Amendment of s 28 (Registration of name after registration of Clause 24 birth) 25 (1) Section 28, heading, after `birth"-- 26 insert-- 27 `or adoption'. 28 (2) Section 28(2), `the register'-- 29 omit, insert-- 30

s 71 48 s 72 Discrimination Law Amendment Bill 2002 `a register'. 1 (3) Section 28(2), after `birth registration'-- 2 insert-- 3 `or registration entered in the adopted children register'. 4 (4) Section 28(3), `the register'-- 5 omit, insert-- 6 `a register'. 7 (5) Section 28(3), after `under subsection (1)'-- 8 insert-- 9 `unless the altered or additional entry is made in conjunction with the 10 entering of a change of sex for the child under section 28D.26'. 11 (6) Section 28(4)(b), after `register of births'-- 12 insert-- 13 `or adopted children register'. 14 71 Amendment of s 28A (Entry of change of surname of child) Clause 15 (1) Section 28A(1)(a), after `Act'-- 16 insert-- 17 `or whose adoption has been registered under the Adoption of Children 18 Act 1964'. 19 (2) Section 28A(1)(f), `kept under the Adoption of Children Act 1964'-- 20 omit. 21 72 Insertion of new ss 28B-28D Clause 22 After section 28A-- 23 insert-- 24 26 Section 28D (Change of register and reregistration)

s 72 49 s 72 Discrimination Law Amendment Bill 2002 `28B Application to record change of sex 1 `(1) A person whose birth has been registered under this Act or whose 2 adoption has been registered under the Adoption of Children Act 1964 may 3 apply to the registrar general-- 4 (a) to enter a change of the person's sex in the register of births or 5 adopted children register; and 6 (b) to reregister the person's birth or adoption. 7 `(2) A person may make an application under subsection (1) only if the 8 person-- 9 (a) is 18 years or more; and 10 (b) has undergone sexual reassignment surgery; and 11 (c) is not married. 12 `(3) The parents or guardian of a child whose birth has been registered 13 under this Act or whose adoption has been registered under the Adoption of 14 Children Act 1964 may apply to the registrar general-- 15 (a) to enter a change of the child's sex in the register of births or 16 adopted children register; and 17 (b) to reregister the child's birth or adoption. 18 `(4) A person may make an application under subsection (3) only if the 19 child-- 20 (a) has undergone sexual reassignment surgery; and 21 (b) is not married. 22 `(5) An application under subsection (1) or (3) must be in the prescribed 23 form. 24 `(6) An application under subsection (3) may be made by 1 parent if-- 25 (a) the applicant is the sole parent named in the registration of the 26 child's birth or adoption; or 27 (b) the other parent is dead; or 28 (c) the registrar general is satisfied that-- 29 (i) the other parent's whereabouts are unknown; or 30 (ii) the other parent is unable to sign the application; or 31

s 72 50 s 72 Discrimination Law Amendment Bill 2002 (ii) there is another reason that justifies the making of the 1 application by 1 parent. 2 `(7) An application under this section must be for both entering the 3 change of sex and the reregistration of the birth or adoption. 4 `28C Requirements for application 5 `(1) An application under section 28B must be accompanied by-- 6 (a) either-- 7 (i) statutory declarations by 2 doctors verifying that the person 8 the subject of the application has undergone sexual 9 reassignment surgery; or 10 (ii) a recognition certificate for the person the subject of the 11 application; and 12 (b) other documents and information prescribed under a regulation. 13 `(2) In this section-- 14 "doctor" includes a person registered as a medical practitioner under a law 15 of another State or New Zealand corresponding to the Medical 16 Practitioners Registration Act 2001. 17 `28D Change of register and reregistration 18 `(1) The registrar general must decide an application under section 28B 19 by-- 20 (a) entering the change of sex in the register of births or adopted 21 children register and reregistering the birth or adoption; or 22 (b) refusing to enter the change of sex in the register of births or 23 adopted children register and reregister the birth or adoption. 24 `(2) However, before the registrar general decides whether to enter the 25 change of sex in the register of births or adopted children register and 26 reregister the birth or adoption, the applicant must give the registrar general 27 any further information and documents the registrar general reasonably 28 requires. 29 `(3) The registrar general must refuse to enter the change of sex in the 30 register of births or adopted children register and reregister the birth or 31 adoption if the person the subject of the application is married.'. 32

s 73 51 s 73 Discrimination Law Amendment Bill 2002 73 Amendment of s 29B (Changing particulars in register of births) Clause 1 (1) Section 29B, heading, after `births'-- 2 insert-- 3 `or adopted children register'. 4 (2) Section 29B(1)-- 5 omit, insert-- 6 `(1) Subsection (2) applies if the registrar general proposes to enter-- 7 (a) in the register of births-- 8 (i) a change of a child's surname under section 27B(1), 27C(1), 9 27D(1)(c) or 28A(1)(e); or 10 (ii) a change of a person's name by deed poll or other legal 11 process under section 28(4); or 12 (b) in the adopted children register-- 13 (i) a change of a child's surname under section 28A(1)(f); or 14 (ii) a change of a person's name by deed poll or other legal 15 process under section 28(4).'. 16 (3) Section 29B(2)(b), after `birth'-- 17 insert-- 18 `or adoption'. 19 (4) Section 29B-- 20 insert-- 21 `(3) Subsection (4) applies if the registrar general proposes-- 22 (a) on an application under section 28B(1)-- 23 (i) to enter a change of a person's sex in the register of births or 24 adopted children register; and 25 (ii) to reregister the person's birth or adoption; or 26 (b) on an application under section 28B(3)-- 27 (i) to enter a change of a child's sex in the register of births or 28 adopted children register; and 29 (ii) to reregister the child's birth or adoption. 30 `(4) The registrar general must-- 31

s 74 52 s 77 Discrimination Law Amendment Bill 2002 (a) enter the change of sex by making a note in the margin, or in the 1 place set aside for notes, in the relevant entry in the register of 2 births or adopted children register; and 3 (b) close the relevant entry in the way the registrar general considers 4 appropriate; and 5 (c) reregister the birth or adoption.'. 6 74 Amendment of s 29C (Application for reregistration of birth) Clause 7 (1) Section 29C, after `birth'-- 8 insert-- 9 `or adoption'. 10 (2) Section 29C(1)(a) and (2), after `register of births'-- 11 insert-- 12 `or adopted children register'. 13 75 Amendment of s 29D (Notes about reregistration of births) Clause 14 (1) Section 29D, heading, `births"-- 15 omit, insert-- 16 `birth or adoption'. 17 (2) Section 29D(1), after `birth'-- 18 insert-- 19 `or adoption'. 20 76 Amendment of s 29E (Commemorative birth certificates) Clause 21 Section 29E(2), definition "adopted children register"-- 22 omit. 23 77 Insertion of new ss 43A-43C Clause 24 After section 43-- 25 insert-- 26

s 77 53 s 77 Discrimination Law Amendment Bill 2002 `43A Use of certificate or extract 1 `(1) This section applies if the birth of a person (the "reregistered 2 person") has been reregistered under section 29B(4).27 3 `(2) A person, whether or not the reregistered person, who is aware of the 4 reregistration must not produce to another person, for a purpose 5 (the "relevant purpose") of a law of another State or of the 6 Commonwealth, a certificate or extract obtained from the registrar general 7 under section 2228 that shows the reregistered person's sex as recorded in 8 the register of births after the reregistration unless-- 9 (a) the laws of the other State or of the Commonwealth expressly 10 allow the certificate or extract to be produced for the relevant 11 purpose; or 12 (b) the person, when producing the certificate or extract, informs the 13 person to whom it is produced that a change of the reregistered 14 person's sex has been entered in the register of births. 15 Maximum penalty--100 penalty units or 2 years imprisonment. 16 `(3) The reregistered person must not, with intent to deceive, produce to 17 another person a certificate or extract obtained from the registrar general 18 under section 22, or another document, however obtained, showing the 19 reregistered person's sex as recorded in the register of births before the 20 reregistration. 21 Maximum penalty--100 penalty units or 2 years imprisonment. 22 `(4) In this section-- 23 "certificate or extract", obtained under this Act, includes a copy of the 24 certificate or extract. 25 `43B Effect of reregistration 26 `(1) A person whose birth or adoption has been reregistered under 27 section 29B(4) is taken to be, for the purposes of, but subject to, the laws of 28 Queensland, a person of the sex as recorded in the register of births or 29 adopted children register after the reregistration. 30 `(2) If, under the law of another State, a person's change of sex has been 31 entered in a corresponding register, the person is taken to be, for the 32 27 Section 29B (Changing particulars in register of births or adopted children register) 28 Section 22 (Searches and copies)

s 78 54 s 79 Discrimination Law Amendment Bill 2002 purposes of, but subject to, the laws of Queensland, a person of the sex as 1 recorded in the corresponding register after the entry of the change. 2 `(3) In this section-- 3 "corresponding register" means a register kept under the law of another 4 State that corresponds to the register of births or adopted children 5 register. 6 `43C Effect of recognition certificate 7 `(1) A person who is the subject of a recognition certificate is taken to be, 8 for the purposes of, but subject to, the laws of Queensland, a person of the 9 sex as stated in the recognition certificate. 10 `(2) Despite subsection (1), the requirements of sections 28B to 28D29 11 must be complied with if a recognised person wishes to have the 12 recognised person's change of sex entered in the register of births or 13 adopted children register and the person's birth or adoption reregistered. 14 `(3) In the section-- 15 "recognised person" means a person-- 16 (a) who is the subject of a recognition certificate; and 17 (b) whose birth has been registered under this Act, or whose 18 adoption has been registered under the Adoption of Children Act 19 1964.'. 20 PART 11--AMENDMENT OF SUCCESSION ACT 1981 21 78 Act amended in pt 11 Clause 22 This part amends the Succession Act 1981. 23 79 Insertion of new s 5AA Clause 24 After section 5-- 25 29 Sections 28B (Application to record change of sex), 28C (Requirements for application) and 28D (Change of register and reregistration)

s 79 55 s 79 Discrimination Law Amendment Bill 2002 insert-- 1 `5AA Who is a person's "spouse" 2 `(1) Generally, a person's "spouse" is the person's-- 3 (a) husband or wife; or 4 (b) de facto partner, as defined in the Acts Interpretation Act 1954 5 (the "AIA"), section 32DA.30 6 `(2) However, a person is a "spouse" of a deceased person only if, on the 7 deceased's death-- 8 (a) the person was the deceased's husband or wife; or 9 (b) the following applied to the person-- 10 (i) the person was the deceased's de facto partner, as defined in 11 the AIA, section 32DA; 12 (ii) the person and the deceased had lived together as a couple 13 on a genuine domestic basis within the meaning of the AIA, 14 section 32DA for a continuous period of at least 2 years 15 ending on the deceased's death; or 16 (c) for part 4, 31 the person was-- 17 (i) a person mentioned in paragraph (a) or (b); or 18 (ii) the deceased's dependant former husband or wife. 19 `(3) Subsection (2) applies-- 20 (a) despite the AIA, section 32DA(6) and section 36, definition 21 "spouse"; and 22 (b) whether the deceased died testate or intestate. 23 `(4) In this section-- 24 "dependant former husband or wife", of a deceased person, means a 25 person who-- 26 (a) was divorced by or from the deceased at any time, whether 27 before or after the commencement of this Act; and 28 (b) had not remarried before the deceased's death; and 29 30 Acts Interpretation Act 1954, section 32DA (Meaning of "de facto partner") 31 Part 4 (Family provision)

s 80 56 s 81 Discrimination Law Amendment Bill 2002 (c) was on the deceased's death receiving, or entitled to receive, 1 maintenance from the deceased.'. 2 80 Insertion of new pt 7, div 2 Clause 3 After section 73-- 4 insert-- 5 `Division 2--Transitional provision for Discrimination Law Amendment 6 Act 2002 7 `74 Application of amendments made by Discrimination Law 8 Amendment Act 2002 9 `The amendments of this Act and the Acts Interpretation Act 1954 made 10 by the Discrimination Law Amendment Act 2002 do not apply in relation to 11 this Act for-- 12 (a) a will executed before the amendments commenced; or 13 (b) the estate of a person who died before the amendments 14 commenced.'. 15 81 Amendment of sch 2 (Distribution of residual estate upon Clause 16 intestacy) 17 Schedule 2, part 1-- 18 omit, insert-- 19 `PART 1--INTESTATE SURVIVED BY SPOUSE 20 Circumstance Way in which the intestate's residuary estate is to be distributed 1. If the intestate is not survived 1. If there is only 1 surviving spouse, by issue the spouse is entitled to the whole of the residuary estate.

s 81 57 s 81 Discrimination Law Amendment Bill 2002 2. If there is more than 1 surviving spouse, they are entitled to the whole of the residuary estate in accordance with section 36.1 2. If the intestate is survived by 1. If there is only 1 surviving spouse, issue the spouse is entitled to-- (a) $150 000 and the household chattels; and (b) the following part of the residuary estate then remaining-- (i) if there is only 1 child of the intestate who survived, or who did not survive but left issue who survived, the intestate--1/2; (ii) otherwise--1/3. 2. If there is more than 1 surviving spouse, they are entitled, in accordance with section 36, to-- (a) $150 000 and the household chattels; and (b) the following part of the residuary estate then remaining-- (i) if there is only 1 child of the intestate who survived, or who did not survive but left issue who survived, the intestate--1/2; (ii) otherwise--1/3.

s 82 58 s 83 Discrimination Law Amendment Bill 2002 3. The issue of the intestate are entitled to the balance of the residuary estate in accordance with section 36A.'. 1 For when there may be more than 1 surviving spouse, see section 5AA (Who is a person's "spouse"). PART 12--AMENDMENT OF SUPREME COURT ACT 1 1995 2 82 Act amended in pt 12 Clause 3 This part amends the Supreme Court Act 1995. 4 83 Amendment of s 18 (Actions how brought) Clause 5 (1) Section 18(3)-- 6 renumber as section 18(4). 7 (2) Section 18(2)-- 8 omit, insert-- 9 `(2) For subsection (1), the spouse of a deceased person includes a de 10 facto partner of the deceased only if the deceased and the de facto partner 11 lived together as a couple on a genuine domestic basis within the meaning 12 of the Acts Interpretation Act 1954, section 32DA--32 13 (a) generally-- 14 (i) for a continuous period of at least 2 years ending on the 15 deceased's death; or 16 (ii) for a shorter period ending on the deceased's death, if the 17 circumstances of the de facto relationship of the deceased 18 and the de facto partner evidenced a clear intention that the 19 relationship be a long term, committed relationship; or 20 32 Acts Interpretation Act 1954, section 32DA (Meaning of "de facto partner")

s 84 59 s 85 Discrimination Law Amendment Bill 2002 (b) if the deceased left a dependant who is a child of the 1 relationship--immediately before the deceased's death. 2 `(3) Subsection (2) applies despite the Acts Interpretation Act 1954, 3 section 32DA(6).'. 4 (3) Section 18(4) as renumbered, `For subsection (2)'-- 5 omit, insert-- 6 `In this section'. 7 (4) Section 18(4) as renumbered, definition "child of the relationship", 8 `other person'-- 9 omit, insert-- 10 `de facto partner'. 11 84 Amendment of s 81 (Property in possession of any codefendant or Clause 12 husband or wife) 13 (1) Section 81, heading, `husband or wife'-- 14 omit, insert-- 15 `spouse'. 16 (2) Section 81, `husband wife'-- 17 omit, insert-- 18 `spouse'. 19 85 Insertion of new s 303 Clause 20 After section 302-- 21 insert-- 22 `303 Transitional provision for Discrimination Law Amendment 23 Act 2002 24 `(1) This section applies in relation to a death of a person that happens in 25 the period of 1 year after the commencement of this section. 26 `(2) For applying section 18(1), the spouse of the deceased person 27 includes a person who, although not legally married to the deceased 28 person-- 29

s 86 60 s 87 Discrimination Law Amendment Bill 2002 (a) lived with the person as the person's husband or wife for a 1 continuous period of at least 1 year immediately before the 2 commencement of this section; and 3 (b) continued to live with the person as the person's husband or wife 4 until the deceased person died.'. 5 PART 13--AMENDMENT OF WORKCOVER 6 QUEENSLAND ACT 1996 7 86 Act amended in pt 13 Clause 8 This part amends the WorkCover Queensland Act 1996. 9 87 Replacement of s 31 (Meaning of "spouse") Clause 10 Section 31-- 11 omit, insert-- 12 `31 Who is the "spouse" of a deceased worker 13 `(1) The "spouse", of a deceased worker, includes the worker's de facto 14 partner only if the worker and the de facto partner lived together as a 15 couple on a genuine domestic basis within the meaning of the Acts 16 Interpretation Act 1954, section 32DA--33 17 (a) generally-- 18 (i) for a continuous period of at least 2 years ending on the 19 worker's death; or 20 (ii) for a shorter period ending on the deceased's death, if the 21 circumstances of the de facto relationship of the deceased 22 and the de facto partner evidenced a clear intention that the 23 relationship be a long term, committed relationship; or 24 (b) if the deceased left a dependant who is a child of the 25 relationship--immediately before the worker's death. 26 33 Acts Interpretation Act 1954, section 32DA (Meaning of "de facto partner")

s 88 61 s 89 Discrimination Law Amendment Bill 2002 `(2) This section applies despite the Acts Interpretation Act 1954, 1 section 32DA(6). 2 `(3) In this section-- 3 "child of the relationship" means a child of the worker and the de facto 4 partner, and includes a child born after the worker's death. 5 "dependant" includes a child born after the worker's death who would 6 have been completely or partly dependent on the worker's earnings 7 after the child's birth if the worker had not died.'. 8 88 Insertion of new ch 15 Clause 9 After section 590-- 10 insert-- 11 `CHAPTER 15--TRANSITIONAL PROVISION FOR 12 DISCRIMINATION LAW AMENDMENT ACT 2002 13 `591 Spouse of worker dying within 1 year 14 `(1) This section applies in relation to a death of a worker that happens in 15 the period of 1 year after the commencement of this section. 16 `(2) For this Act, the spouse of the deceased worker includes a person 17 who, although not legally married to the deceased worker-- 18 (a) lived with the worker as the worker's husband or wife for a 19 continuous period of at least 1 year immediately before the 20 commencement of this section; and 21 (b) continued to live with the worker as the worker's husband or wife 22 until the worker died.'. 23 89 Amendment of sch 3 (Dictionary) Clause 24 Schedule 3, definition "spouse"-- 25 omit, insert-- 26 ` "spouse", of a deceased worker, see section 31.'. 27

s 90 62 s 90 Discrimination Law Amendment Bill 2002 PART 14--OTHER AMENDMENT OF ACTS 1 90 Amendments in schedule Clause 2 The schedule amends the Acts mentioned in it. 3

63 Discrimination Law Amendment Bill 2002 SCHEDULE 1 AMENDMENTS 2 section 90 3 ABORIGINAL LAND ACT 1991 4 1 Sections 39(3)(a) and 76(3)(a), `spouse or former spouse'-- 5 omit, insert-- 6 `husband or wife, or former husband or wife,'. 7 ADOPTION OF CHILDREN ACT 1964 8 1 Section 6-- 9 insert-- 10 ` "spouse" see section 67A.'. 11 2 Part 6, after section 67-- 12 insert-- 13 `67A Meaning of "spouse" 14 `(1) The Acts Interpretation Act 1954, section 32DA(6)34 does not apply 15 to a reference to a spouse in this Act. 16 `(2) Also, the Acts Interpretation Act 1954, section 36, definition 17 "spouse" does not apply for this Act.'. 18 34 Acts Interpretation Act 1954, section 32DA (Meaning of "de facto partner")

64 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) AGRICULTURAL CHEMICALS DISTRIBUTION 1 CONTROL ACT 1966 2 1 Section 6, definition, "relative", paragraph (a)-- 3 omit, insert-- 4 `(a) spouse;'. 5 AMBULANCE SERVICE ACT 1991 6 1 Section 49(2)(b), before `senior'-- 7 insert-- 8 `spouse or'. 9 2 Section 49(2)(c)(iv), `of the patient'-- 10 omit, insert-- 11 `, including a spouse, of the person'. 12 ANTI-DISCRIMINATION ACT 1991 13 1 Sections 4B and 4C-- 14 omit. 15 2 Section 7(b)-- 16 omit, insert-- 17 `(b) relationship status;'. 18

65 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) 3 Section 31(1), `marital status'-- 1 omit, insert-- 2 `relationship status'. 3 4 Section 31(1)(f), after `married couple'-- 4 insert-- 5 `or by 2 persons each of whom is the de facto partner of the other'. 6 5 Section 31(2)-- 7 omit. 8 6 Section 45A(1), `marital status'-- 9 omit, insert-- 10 `relationship status'. 11 7 Section 59, `marital status'-- 12 omit, insert-- 13 `relationship status'. 14 8 Section 91, `marital status'-- 15 omit, insert-- 16 `relationship status'. 17 9 Schedule, definitions "de facto partner", "de facto spouse", 18 "immediate family" and "marital status"-- 19 omit. 20

66 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) 10 Schedule-- 1 insert-- 2 ` "immediate family", of a person, means-- 3 (a) the person's spouse or former spouse; or 4 (b) a child of the person or the person's spouse or former spouse, 5 including an exnuptial child, stepchild, adopted child, or past or 6 present foster child of the person or the person's spouse or 7 former spouse; or 8 (c) a parent, grandparent, grandchild or sibling of the person or the 9 person's spouse or former spouse. 10 "relationship status" means whether a person is-- 11 (a) single; or 12 (b) married; or 13 (c) married to another person, but living separately and apart from 14 the other person; or 15 (d) divorced; or 16 (e) widowed; or 17 (f) a de facto partner.'. 18 BURIALS ASSISTANCE ACT 1965 19 1 Section 2-- 20 omit. 21 2 Section 4(2A) and (3)-- 22 renumber as section 4(3) and (4). 23 3 Section 4-- 24 insert-- 25

67 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) `(5) In this section-- 1 ` "relative", of a deceased person, means-- 2 (a) for an adult--the person's spouse; or 3 (b) for a child--the person's parents.'. 4 CHILD CARE ACT 2002 5 1 Schedule 2, definitions "de facto spouse" and "spouse"-- 6 omit. 7 CHILD PROTECTION ACT 1999 8 1 Section 131(3)-- 9 omit, insert-- 10 `(3) A person living with his or her spouse may only hold a certificate 11 jointly with the spouse.'. 12 CORRECTIVE SERVICES ACT 2000 13 1 Schedule 3-- 14 insert-- 15 ` "relative", of a prisoner, includes a person who-- 16 (a) if the prisoner was already imprisoned when this definition 17 commenced--would have been, immediately before the prisoner 18 was imprisoned, the prisoner's de facto partner had the Acts 19 Interpretation Act 1954, section 32DA35 been in force; or 20 (b) otherwise--was, immediately before the prisoner was 21 imprisoned, the prisoner's de facto partner.'. 22 35 Acts Interpretation Act 1954, section 32DA (Meaning of "de facto partner")

68 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) CRIMINAL CODE 1 1 Section 119A(1)(a), `, including a de facto partner,'-- 2 omit. 3 2 Section 119A(2)-- 4 omit. 5 3 Section 119A(3)-- 6 renumber as section 119A(2). 7 4 Section 219(1), `spouse'-- 8 omit, insert-- 9 `husband or wife'. 10 5 Section 442C(1) and (2), headings, `wife'-- 11 omit, insert-- 12 `spouse'. 13 6 Section 442C(1) and (2), `husband, wife'-- 14 omit, insert-- 15 `spouse'. 16 DOMESTIC AND FAMILY VIOLENCE PROTECTION 17 ACT 1989 18 1 Section 12(2), (3) and (4)-- 19 omit, insert-- 20

69 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) `(2) A "spouse" includes-- 1 (a) a former spouse; and 2 (b) either 1 of the biological parents of a child. 3 `(3) For subsection (2)(b), it is irrelevant whether there is or was any 4 relationship between the biological parents of the child.'. 5 2 Schedule, definition "spouse", `to (4)'-- 6 omit, insert-- 7 `and (3)'. 8 DUTIES ACT 2001 9 1 Section 3-- 10 insert-- 11 `(2) The definition "spouse" in schedule 6 applies despite the Acts 12 Interpretation Act 1954, section 32DA(6).'. 13 2 Sections 423 and 425(2), `spouses'-- 14 omit, insert-- 15 `partners'. 16 3 Section 425(1)(a)(ii), `spouse'-- 17 omit, insert-- 18 `partner'. 19 4 Schedule 6, definitions, "de facto relationship", "de facto spouse" 20 and "spouse"-- 21 omit. 22

70 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) 5 Schedule 6-- 1 insert-- 2 ` "de facto partner" means 1 of 2 persons who is a de facto partner within 3 the meaning of the Acts Interpretation Act 1954, section 32DA, if the 4 persons are living, and for at least 2 years have lived, together as a 5 couple on a genuine domestic basis within the meaning of the Acts 6 Interpretation Act 1954, section 32DA, or have so lived together as a 7 couple for at least 2 years. 8 "de facto relationship" means the relationship between de facto partners. 9 "spouse" includes a de facto partner.'. 10 EDUCATION (TEACHER REGISTRATION) ACT 1988 11 1 Section 84(b), `his widow or her widower'-- 12 omit, insert-- 13 `his or her surviving spouse'. 14 FIRE AND RESCUE SERVICE ACT 1990 15 1 Schedule 4, section 9(2)(d), `, or lives' to `a person,'-- 16 omit. 17 FIRST HOME OWNER GRANT ACT 2000 18 1 Section 9(1), `subsections (4) and (5)'-- 19 insert-- 20 `subsections (2) to (6)'. 21

71 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) 2 Section 9(1)(b)-- 1 omit, insert-- 2 `(b) a de facto partner.36'. 3 3 Section 9(2) and (3)-- 4 omit, insert-- 5 `(2) A person is a de facto partner of another person only if they are 6 living together as a couple on a genuine domestic basis within the meaning 7 of the Acts Interpretation Act 1954, section 32DA, and, for at least 2 years, 8 have so lived together as a couple.'. 9 4 Section 9(4), `Subsection (5)'-- 10 omit, insert-- 11 `Subsection (4)'. 12 5 Section 9(6), `Subsection (7)'-- 13 omit, insert-- 14 `Subsection (6)'. 15 6 Section 9(6)(a), `subsection (2)'-- 16 omit, insert-- 17 `this section'. 18 7 Section 9(6)(a), `spouse'-- 19 omit, insert-- 20 `partner'. 21 36 See the Acts Interpretation Act 1954, section 32DA (Meaning of "de facto partner").

72 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) 8 Section 9(6)(b)-- 1 omit, insert-- 2 `(b) they intend to again live together as a couple on a genuine 3 domestic basis within the meaning of the Acts Interpretation Act 4 1954, section 32DA.'. 5 9 Section 9-- 6 insert-- 7 `(8) This section applies despite the Acts Interpretation Act 1954, 8 section 32DA(6).'. 9 10 Section 9(4) to (8)-- 10 renumber as section 9(3) to (7). 11 FOSSICKING ACT 1994 12 1 Section 6(4)(a)-- 13 omit, insert-- 14 `(a) the licensee's spouse; or'. 15 HEALTH SERVICES ACT 1991 16 1 Section 63(2)(b), from `if that'-- 17 omit, insert-- 18 `if the person has died, with the consent of the person's spouse or, if the 19 spouse is not reasonably available, the senior available next of kin of the 20 person; or'. 21

73 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) 2 Section 63(2)(c)(ii), after `relative'-- 1 insert-- 2 `, including a spouse,'. 3 INDUSTRIAL RELATIONS ACT 1999 4 1 Schedule 5, definition "spouse"-- 5 omit, insert-- 6 ` "spouse", of an employee, includes a former spouse of the employee.'. 7 INTERACTIVE GAMBLING (PLAYER PROTECTION) 8 ACT 1998 9 1 Schedule 3, definition "spouse"-- 10 omit. 11 LAW REFORM ACT 1995 12 1 Section 2(2), `spouses'-- 13 omit, insert-- 14 `persons whose relationship is husband and wife'. 15 2 Section 8, definition "spouse"-- 16 omit, insert-- 17 ` "spouse" has the meaning given by section 18 of the 1995 Act and 18 includes a spouse as provided for under section 303 of that Act.' 19

74 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) 3 Parts 4 and 7, heading, `SPOUSES'-- 1 omit, insert-- 2 `PERSONS WHOSE RELATIONSHIP IS HUSBAND AND 3 WIFE'. 4 4 Section 18, heading-- 5 omit, insert-- 6 `18 Capacity'. 7 5 Section 18(1), `spouse'-- 8 omit, insert-- 9 `husband or wife'. 10 MAINTENANCE ACT 1965 11 1 Section 112, `spouse'-- 12 omit, insert-- 13 `husband or wife'. 14 MENTAL HEALTH ACT 2000 15 1 Schedule 2, definitions "de facto spouse" and "spouse"-- 16 omit. 17 MOBILE HOMES ACT 1989 18 1 Section 3, definition "spouse"-- 19 omit. 20

75 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) 2 Schedule 1, part 1, section 7(2)(b)-- 1 omit, insert-- 2 `(b) a child or grandchild of the occupier; and 3 (c) a child of the spouse of the occupier.'. 4 PARLIAMENTARY CONTRIBUTORY 5 SUPERANNUATION ACT 1970 6 1 Section 5B-- 7 omit, insert-- 8 `5B Meaning of "widow" 9 `(1) A person is the "widow" of a member if the person was the 10 member's spouse on the day the member died. 11 `(2) A person is the "widow" of a former member if the person was the 12 former member's spouse on both of the following days-- 13 (a) the day the former member ceased to be a member; 14 (b) the day the former member died. 15 `(3) For this section, the gender of the member, former member or other 16 person is not relevant. 17 `(4) For this section, the spouse of a person on the day the person died 18 includes a de facto partner of the person on the day of the death only if the 19 person and the de facto partner lived together as a couple on a genuine 20 domestic basis within the meaning of the Acts Interpretation Act 1954, 21 section 32DA37-- 22 (a) for a continuous period of at least 2 years ending on the day of 23 the death; or 24 (b) for a shorter period ending on the day of the death, if the 25 circumstances of the de facto relationship of the person and the 26 de facto partner evidenced a clear intention that the relationship 27 be a long term, committed relationship. 28 37 Acts Interpretation Act 1954, section 32DA (Meaning of "de facto partner")

76 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) `(5) Subsection (4) applies despite the Acts Interpretation Act 1954, 1 section 32DA(6).'. 2 2 Section 21(4), after `a person'-- 3 insert-- 4 `, or of a de facto relationship entered into by a person,'. 5 PARTNERSHIP ACT 1891 6 1 Section 6(c)(iii), `the widower, widow or child of a deceased 7 partner'-- 8 omit, insert-- 9 `a deceased partner's child or spouse'. 10 POWERS OF ATTORNEY ACT 1998 11 1 Section 52, `spouse'-- 12 omit, insert-- 13 `husband or wife'. 14 2 Schedule 3, definitions "de facto spouse" and "spouse"-- 15 omit. 16 PROPERTY AGENTS AND MOTOR DEALERS ACT 2000 17 1 Schedule 3, definition "associate"-- 18 omit, insert-- 19 ` "associate", of a person, means-- 20

77 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) (a) a spouse, parent, brother, sister or child of the person; or 1 (b) a child of the person's spouse.'. 2 PROPERTY LAW ACT 1974 3 1 Sections 255, 256, 259, definition "child", 261, 264(1)(a), 265(1)(a), 4 266, 269, 270, 275, 276, 277, 278, 279, 280, 282, 283, 284, 286, 287, 5 288, 290, 291, 292, 293, 294, 295, 297, 298, 299, 300, 303, 304, 306, 6 310, 311, 322, 327, 333(1)(i), 334, 337 and schedule 6, definition 7 "child", `spouses'-- 8 omit, insert-- 9 `partners'. 10 2 Sections 258, 259, definition "child", 266, 273, 280, 283, 287, 290, 11 294, 295, 299, 300, 301, 302, 304, 307, 308, 311, 314, 322 and 333, 12 `spouse'-- 13 omit, insert-- 14 `partner'. 15 3 Sections 259, definition "child", 262, 264(1)(b), 265(1)(b) and 16 333(1)(h), `spouses' '-- 17 omit, insert-- 18 `partners' '. 19 4 Sections 259 and schedule 6, definition "de facto spouse", 20 `spouse'-- 21 omit, insert-- 22 `partner'. 23

78 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) 5 Part 19, division 2, subdivision 2, heading-- 1 omit, insert-- 2 `Subdivision 2--De facto partner and relationship concepts'. 3 6 Sections 266, 273 and 311, `spouse's'-- 4 omit, insert-- 5 `partner's'. 6 7 Part 19, division 3, heading-- 7 omit, insert-- 8 `Division 3--Resolution of financial matters by de facto partners'. 9 8 Section 316(2), example-- 10 omit. 11 QUEENSLAND INVESTMENT CORPORATION ACT 12 1991 13 1 Section 3, definition "spouse"-- 14 omit. 15 REGISTRATION OF BIRTHS, DEATHS AND 16 MARRIAGES ACT 1962 17 1 Section 30, `(including a relative by marriage)'-- 18 omit. 19

79 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) 2 Section 30-- 1 insert-- 2 `(4) In this section-- 3 "relative", of the deceased, includes a spouse and a relative by marriage of 4 the deceased.'. 5 REPRINTS ACT 1992 6 1 Section 24, examples 2 and 3-- 7 omit. 8 2 Section 24, examples 4 and 5-- 9 renumber as section 24, examples 2 and 3. 10 RESIDENTIAL TENANCIES ACT 1994 11 1 Schedule 3, definition "spouse"-- 12 omit. 13 RETIREMENT VILLAGES ACT 1999 14 1 Section 89(2)(a), `relative'-- 15 omit, insert-- 16 `spouse or other relative'. 17

80 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) SOUTH BANK CORPORATION ACT 1989 1 1 Section 37I(3)(b)-- 2 omit, insert-- 3 `(b) is the child's spouse; or'. 4 STATE DEVELOPMENT AND PUBLIC WORKS 5 ORGANISATION ACT 1971 6 1 Section 119(4)(d), `, or lives in a de facto relationship with a 7 person,'-- 8 omit. 9 STATE HOUSING ACT 1945 10 1 Sections 23(2)(c), 24(2)(b) and 26(1A)(b), `wife or husband'-- 11 omit, insert-- 12 `spouse'. 13 2 Section 25, heading before subsection (2)-- 14 omit. 15 3 Section 25(2), `husband or wife thereof'-- 16 omit, insert-- 17 `person's spouse'. 18

81 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) 4 Section 25B(3), `widow'-- 1 omit, insert-- 2 `spouse'. 3 5 Section 25B(3), from `or, where' to `widower,' first mention-- 4 omit. 5 6 Section 25B(3), from `or leaving' to `widower,' second mention-- 6 omit. 7 7 Section 26(3)(b), `husband or wife'-- 8 omit, insert-- 9 `spouse'. 10 8 Section 30A, `wife or husband of the applicant, as the case may 11 be,' first mention-- 12 omit, insert-- 13 `applicant's spouse'. 14 9 Section 30A, `wife or husband of the applicant, as the case may 15 be,' second mention-- 16 omit, insert-- 17 `applicant's spouse, even though married to each other,'. 18 10 Section 30A, `as husband and wife'-- 19 omit, insert-- 20

82 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) `as a couple on a genuine domestic basis within the meaning of the Acts 1 Interpretation Act 1954, section 32DA(2) to (4)38'. 2 11 Section 33(10), `husband, wife'-- 3 omit, insert-- 4 `spouse'. 5 12 Before the schedule-- 6 insert-- 7 `52 Transitional provision for Discrimination Law Amendment Act 8 2002 9 `Despite the amendment of section 25B made by the Discrimination 10 Law Amendment Act 2002, that section as in force immediately before the 11 commencement of this section continues to apply in relation to any 12 insurance cover provided under that section before the commencement.'. 13 13 Schedule, section 1(1), `wife, husband, widow or widower'-- 14 omit, insert-- 15 `spouse, surviving spouse'. 16 14 Schedule, section 26, `husband or wife'-- 17 omit, insert-- 18 `spouse'. 19 38 Acts Interpretation Act 1954, section 32DA (Meaning of "de facto partner")

83 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) STATUS OF CHILDREN ACT 1978 1 1 Section 14A(2), `spouse'-- 2 omit, insert-- 3 `husband or wife'. 4 SUCCESSION ACT 1981 5 1 Section 5, definition "de facto spouse" 6 omit. 7 2 Section 5-- 8 insert-- 9 ` "spouse" see section 5AA.'. 10 3 Section 18, `spouse'-- 11 omit, insert-- 12 `former husband or wife'. 13 4 Sections 34, 34B and 39A to 39D and part 3, division 3, heading, 14 `matrimonial home'-- 15 omit, insert-- 16 `shared home'. 17 5 Section 36, heading-- 18 omit, insert-- 19 `36 Distribution of entitlement if more than 1 spouse'. 20

84 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) 6 Section 36(1), `a spouse and a de facto spouse'-- 1 omit, insert-- 2 `more than 1 spouse'. 3 7 Section 36(1)(a), (b) and (c), `spouse and de facto spouse'-- 4 omit, insert-- 5 `spouses'. 6 8 Section 36(3)-- 7 omit, insert-- 8 `(3) The personal representative may give the spouses a notice stating 9 the personal representative may be entitled to distribute any entitlement of 10 the spouses equally if they do not, within 3 months after the notice is 11 given-- 12 (a) enter into a written agreement about distributing the entitlement 13 between them and give the personal representative written notice 14 of the agreement; or 15 (b) apply to the court for an order distributing the entitlement 16 between them and give the personal representative written notice 17 of the application.'. 18 9 Section 36(4), `a spouse or de facto spouse'-- 19 omit, insert-- 20 `any of the spouses'. 21 10 Section 36(5), `, de facto spouse'-- 22 omit. 23

85 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) 11 Section 36(9), `a spouse or solely to a de facto spouse'-- 1 omit, insert-- 2 `1 of the spouses'. 3 12 Section 36(12), `a spouse and de facto spouse'-- 4 omit, insert-- 5 `the spouses'. 6 13 Sections 39A to 39D-- 7 `or de facto spouse'-- 8 omit. 9 14 Section 40, definition "dependant", paragraph (c), `; or'-- 10 omit, insert-- 11 `.39'. 12 15 Section 40, definition "dependant", paragraph (d)-- 13 omit. 14 16 Section 40, definition "spouse"-- 15 omit. 16 17 Section 44(1), `wife, husband'-- 17 omit, insert-- 18 `spouse'. 19 39 For the extended meaning of "spouse" for this part, see section 5AA(2)(c) (Who is a person's spouse).

86 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) 18 After section 72-- 1 insert-- 2 `PART 7--TRANSITIONAL PROVISIONS 3 `Division 1--Transitional provision for Succession Amendment Act 4 1997'. 5 19 Schedule 2, part 2, heading-- 6 omit, insert-- 7 `PART 2--INTESTATE NOT SURVIVED BY ANY 8 SPOUSE'. 9 SUPERANNUATION (PUBLIC EMPLOYEES 10 PORTABILITY) ACT 1985 11 1 Section 4(1), definition "relict"-- 12 omit. 13 SUPERANNUATION (STATE PUBLIC SECTOR) ACT 14 1990 15 1 Section 13-- 16 insert-- 17 `(6A) A notice under subsection (6)(a) may be limited in its application 18 to particular classes of spouse or by reference to factors stated in the notice. 19

87 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) `(6B) Subsection (6A) does not limit the Statutory Instruments Act 1992, 1 section 24 or 25.40'. 2 2 Section 13(11), definition "spouse"-- 3 omit. 4 TORRES STRAIT ISLANDER LAND ACT 1991 5 1 Sections 36(3)(a) and 73(3)(a), `spouse or former spouse'-- 6 omit, insert-- 7 `husband or wife, or former husband or wife,'. 8 TOURISM QUEENSLAND ACT 1979 9 1 Section 17(2)(b), `widow or widower'-- 10 omit, insert-- 11 `surviving spouse'. 12 TRAINING AND EMPLOYMENT ACT 2000 13 1 Section 121(6), definition "impairment", `section 4'-- 14 omit, insert-- 15 `schedule'. 16 40 Statutory Instruments Act 1992, sections 24 (Statutory instrument may be of general or limited application) and 25 (Statutory instrument may make different provision for different categories)

88 Discrimination Law Amendment Bill 2002 SCHEDULE (continued) TRANSPLANTATION AND ANATOMY ACT 1979 1 1 Section 4-- 2 insert-- 3 `(4) If more than 1 person is a spouse of a deceased person, only the 4 person who most recently became the deceased person's spouse is the 5 deceased person's spouse for the definition "senior available next of kin".'. 6 WATER ACT 2000 7 1 Schedule 4, definitions, "de facto spouse" and "spouse"-- 8 omit. 9 2 Schedule 4, definition, "indirect financial or personal interest", 10 `, partner'-- 11 omit. 12 13 14 � State of Queensland 2002

AMENDMENTS TO BILL

1 Discrimination Law Amendment Bill 2002 DISCRIMINATION LAW AMENDMENT BILL 2002 AMENDMENTS AGREED TO IN COMMITTEE 1 Before enacting words-- At page 10, before line 1-- insert-- `Parliament's reasons for enacting this Act are-- `1. To acknowledge the changing nature of social and family relationships in contemporary society. `2. To reflect the principles that-- (a) respect for our neighbours and tolerating people's differences contribute to a better quality of life for all Queenslanders; and (b) Queensland's laws should protect and support its cultural and social diversity. `3. To recognise the importance of enduring and committed relationships of traditional marriage, while acknowledging that the rights and responsibilities inherent in other forms of respectful loving relationships should also be upheld. `4. To engender fairness and respect in relationships which are the foundation of the family unit and assert the importance of the stability of family life to the community.'. 2 Clause 15-- At page 18, lines 11 to 15-- omit, insert-- `(1) Section 25, after example 3--

2 Discrimination Law Amendment Bill 2002 insert-- `Example 4-- Employing persons of a particular religion to teach in a school established for students of the particular religion. `(2) Subsection (3) applies in relation to-- (a) work for an educational institution (an "employer") under the direction or control of a body established for religious purposes; or (b) any other work for a body established for religious purposes (also an "employer") if the work genuinely and necessarily involves adhering to and communicating the body's religious beliefs. `(3) It is not unlawful for an employer to discriminate with respect to a matter that is otherwise prohibited under section 14 or 15, in a way that is not unreasonable, against a person if-- (a) the person openly acts in a way that the person knows or ought reasonably to know is contrary to the employer's religious beliefs-- (i) during a selection process; or (ii) in the course of the person's work; or (iii) in doing something connected with the person's work; and Example for paragraph (a)-- A staff member openly acts in a way contrary to a requirement imposed by the staff member's employer in his or her contract of employment, that the staff member abstain from acting in a way openly contrary to the employer's religious beliefs in the course of, or in connection with the staff member's employment. (b) it is a genuine occupational requirement of the employer that the person, in the course of, or in connection with, the person's work, act in a way consistent with the employer's religious beliefs. `(4) Subsection (3) does not authorise the seeking of information contrary to section 124.1 `(5) For subsection (3), whether the discrimination is not unreasonable depends on all the circumstances of the case, including, for example, the following-- 1 Section 124 (Unnecessary information)

3 Discrimination Law Amendment Bill 2002 (a) whether the action taken or proposed to be taken by the employer is harsh or unjust or disproportionate to the person's actions; (b) the consequences for both the person and the employer should the discrimination happen or not happen. `(6) Subsection (3) does not apply to discrimination on the basis of age, race or impairment. `(7) To remove any doubt, it is declared that subsection (3) does not affect a provision of an agreement with respect to work to which subsection (3) applies, under which the employer agrees not to discriminate in a particular way. `(8) In this section-- "religion" includes religious affiliation, beliefs and activities. "selection process" means a process the purpose of which is to consider whether to offer a person work.'.'. 3 Clause 43-- At page 36, lines 9 to 13-- omit, insert-- ` `(2) The following provisions of this Act, as inserted, or to the extent amended, by the Discrimination Law Amendment Act 2002, apply for the purposes of a complaint, whether the complaint was received by the commissioner before or after the commencement of this section-- (a) section 188; (b) section 201; (c) section 208 (d) section 209; (e) section 213; (f) chapter 7, part 2, division 3A; (g) section 215A; (h) section 216; (i) section 236; (j) chapter 10, part 1.'.

4 Discrimination Law Amendment Bill 2002 4 Schedule-- At page 87, after line 4-- insert-- `SUPREME COURT OF QUEENSLAND ACT 1991 `1 Schedule 2, definition "remuneration", `widow, widower,'-- omit, insert--

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