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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 4B4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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
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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 28B28D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 43A43C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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
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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
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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 4B4C
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 28B28D
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 43A43C
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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