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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Equal Opportunity Amendment (Governance) Bill
2008
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 Principal Act 2
4 Definitions 2
5 New Part 9 substituted 3
PART 9--VICTORIAN EQUAL OPPORTUNITY AND
HUMAN RIGHTS COMMISSION 3
Division 1--The Commission 3
160 Continuation of Commission 3
161 Functions and powers of Commission 4
162 Commission's educative and research functions 4
Division 2--The Board 5
163 Constitution and functions of Board 5
164 Terms of appointment of appointed members 6
165 Resignation and removal 6
166 Acting appointments 7
167 Payment of members 8
168 Procedure of Board 9
169 Effect of vacancy or defect 9
Division 3--The Commissioner 9
170 Appointment and role of Commissioner 9
171 Terms of appointment 10
172 Resignation and removal 10
173 Acting Commissioner 11
174 Payment of Commissioner 12
Division 4--General provisions 12
175 Staff of Commission 12
176 Delegation 13
177 Secrecy 14
178 Protection from liability 15
179 Annual reports 16
561251B.I-3/12/2008 i BILL LA INTRODUCTION 3/12/2008
Clause Page
6 Consequential amendments 17
7 Further consequential amendments 18
8 New section 122 substituted 19
122 Time limits for conciliation of expedited complaints 19
9 Further consequential amendments 21
10 New Division 8 of Part 7 inserted 22
Division 8--Miscellaneous 22
137 Complaint etc. made to Commission taken to be
made to Commissioner 22
11 Investigations by Commission 22
12 New sections 201 and 202 substituted 23
201 Compliance with notice to attend or produce
documents 23
202 Obstructing Commission 23
13 Further consequential amendments 23
14 Supreme Court--limitation of jurisdiction 24
15 Regulations 24
16 New sections 227 and 228 inserted 24
227 Transitional provisions--Equal Opportunity
Amendment (Governance) Act 2008 24
228 Additional transitional provision--Equal
Opportunity Amendment (Governance) Act 2008 25
17 Consequential amendments to Racial and Religious
Tolerance Act 2001 26
18 Consequential amendments to Victorian Civil and
Administrative Tribunal Act 1998 26
12B Commissioner 26
19 Repeal of amending Act 27
ENDNOTES 28
561251B.I-3/12/2008 ii BILL LA INTRODUCTION 3/12/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Equal Opportunity Amendment
(Governance) Bill 2008
A Bill for an Act to amend the Equal Opportunity Act 1995 to alter
the governance and complaint-handling arrangements for the
Victorian Equal Opportunity and Human Rights Commission and for
other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Equal
Opportunity Act 1995 to alter the governance
and complaint-handling arrangements for the
5 Victorian Equal Opportunity and Human Rights
Commission.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day to be proclaimed.
561251B.I-3/12/2008 1 BILL LA INTRODUCTION 3/12/2008
Equal Opportunity Amendment (Governance) Bill 2008
s. 3
(2) If this Act does not come into operation before
1 October 2009, it comes into operation on that
day.
3 Principal Act
5 See: In this Act, the Equal Opportunity Act 1995 is
Act No.
42/1995. called the Principal Act.
Reprint No. 5
as at
10 May 2007
and
amending
Act Nos
24/2006,
69/2006,
16/2007,
1/2008 and
12/2008.
LawToday:
www.
legislation.
vic.gov.au
4 Definitions
In section 4(1) of the Principal Act--
(a) the definitions of appointed member of the
10 Commission and Chief Conciliator are
repealed;
(b) insert the following definitions--
"appointed member, of the Board, means a
member of the Board other than the
15 Commissioner;
Board means Board of the Commission
established under section 163;
Chief Conciliator means the Chief
Conciliator within the meaning of this
20 Act as in force immediately before the
commencement of section 5 of the
Equal Opportunity Amendment
(Governance) Act 2008;
561251B.I-3/12/2008 2 BILL LA INTRODUCTION 3/12/2008
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s. 5
Commissioner means the Commissioner
appointed under section 170;
member of staff, of the Commission, means
a member of the staff referred to in
5 section 175;".
5 New Part 9 substituted
For Part 9 of the Principal Act substitute--
"PART 9--VICTORIAN EQUAL OPPORTUNITY
AND HUMAN RIGHTS COMMISSION
10 Division 1--The Commission
160 Continuation of Commission
(1) There continues to be a Victorian Equal
Opportunity and Human Rights
Commission.
15 (2) The Commission--
(a) is a body corporate with perpetual
succession; and
(b) must have an official seal; and
(c) may sue and be sued in its corporate
20 name; and
(d) may acquire, hold and dispose of real
and personal property; and
(e) may do and suffer all acts and things
that a body corporate may, by law, do
25 and suffer.
(3) The official seal must be kept as directed by
the Commission and must not be used except
as authorised by the Commissioner.
561251B.I-3/12/2008 3 BILL LA INTRODUCTION 3/12/2008
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(4) All courts must take judicial notice of the
seal of the Commission on a document and,
until the contrary is proved, must presume
that the seal was properly affixed.
5 161 Functions and powers of Commission
(1) The Commission has the following
functions--
(a) to establish policies and issue
guidelines and directions on the manner
10 in which conciliation procedures under
this Act should be conducted;
(b) to receive and investigate complaints
on the manner in which conciliation
procedures under this Act have been or
15 are being conducted;
(c) to establish and undertake information
and education programs;
(d) any other functions conferred on it by
or under this Act or any other Act,
20 including the Charter of Human Rights
and Responsibilities.
(2) The Commission has all the powers
necessary to enable it to perform its
functions.
25 162 Commission's educative and research
functions
(1) The Commission must undertake programs
for the dissemination of information for the
education of the public with respect to--
30 (a) the elimination of discrimination,
sexual harassment and vilification on
the ground of race or religious belief or
activity;
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s. 5
(b) the promotion of equality of
opportunity;
(c) any other matters relevant to the
provisions of this Act.
5 (2) The Commission may undertake research
into any matter arising from, or incidental to,
the operation of this Act.
(3) If the Commission becomes aware of any
provision of an Act that discriminates or has
10 the effect of discriminating against any
person, the Commission must notify the
Minister responsible for administering that
provision or Act as soon as practicable.
(4) The Commission may, at any time, submit a
15 report to the Minister on any matter arising
from the performance of the Commission's
functions under this section.
Division 2--The Board
163 Constitution and functions of Board
20 (1) The Commission must have a Board
consisting of the following members--
(a) the Commissioner; and
(b) either 4 or 6 other members appointed
by the Governor in Council on the
25 recommendation of the Minister.
(2) The Board is responsible for--
(a) determining the Commission's strategic
direction and the general nature of
activities to be undertaken by the
30 Commission in performing its
functions; and
561251B.I-3/12/2008 5 BILL LA INTRODUCTION 3/12/2008
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s. 5
(b) setting policies, priorities and strategies
for the Commission in performing its
functions.
(3) The Board has any other functions conferred
5 on it by or under this or any other Act.
(4) The Board has all the powers necessary to
enable it to perform its functions.
164 Terms of appointment of appointed
members
10 (1) An appointed member of the Board holds
office for the period, not exceeding 5 years,
specified in his or her instrument of
appointment.
(2) An appointed member is to be appointed on
15 a part-time basis.
(3) An appointed member is eligible for
reappointment.
(4) The Public Administration Act 2004
(other than Part 3 of that Act) applies to an
20 appointed member in respect of the
appointment.
165 Resignation and removal
(1) An appointed member of the Board ceases to
hold office if the member--
25 (a) has been convicted in Victoria or
elsewhere of an indictable offence or an
offence that, if committed in Victoria,
would be an indictable offence; or
(b) becomes an insolvent under
30 administration; or
(c) resigns by writing delivered to the
Governor in Council; or
561251B.I-3/12/2008 6 BILL LA INTRODUCTION 3/12/2008
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s. 5
(d) is removed from office by the Governor
in Council under subsection (2).
(2) The Governor in Council may remove an
appointed member from office on the ground
5 that--
(a) the member is absent, without leave
having been granted by the Board, from
3 consecutive meetings of which
reasonable notice has been given to the
10 member, either personally or by post,
fax, email or other electronic
communication; or
(b) the member is incapable of carrying out
the duties or functions of office; or
15 (c) the member has engaged in misconduct
in carrying out the member's duties or
functions of office; or
(d) the member has personally engaged in
conduct that a court or tribunal has
20 found to be in contravention of an equal
opportunity or anti-discrimination law
of an Australian jurisdiction and, if the
member had engaged in the conduct in
carrying out the member's duties or
25 functions of office, the conduct would
have amounted to misconduct in
carrying out those duties or functions.
166 Acting appointments
(1) The Governor in Council, on
30 recommendation of the Minister, may
appoint a person to act as a member of the
Board if an appointed member--
(a) ceases to hold office before his or her
term of appointment expires; or
561251B.I-3/12/2008 7 BILL LA INTRODUCTION 3/12/2008
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s. 5
(b) is unable to perform the duties or
functions of the office.
(2) An acting member holds office--
(a) if appointed to act under subsection
5 (1)(a), for the rest of the term of
appointment of the member whose
place he or she fills; or
(b) if appointed to act under subsection
(1)(b), for the period that the appointed
10 member is unable to perform the duties
or functions of the office.
(3) The Governor in Council--
(a) subject to this Act, may determine the
terms of appointment of an acting
15 member;
(b) may at any time terminate the
appointment.
(4) While the appointment of an acting member
remains in force, the acting member has and
20 may exercise all the powers and perform all
the duties and functions of the member.
167 Payment of members
(1) An appointed member of the Board, other
than a member who is an employee of the
25 public service, is entitled to receive the fees
that are fixed from time to time by the
Governor in Council for that member.
(2) Each appointed member of the Board is
entitled to receive the allowances that are
30 fixed from time to time by the Governor in
Council.
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168 Procedure of Board
(1) The Commissioner must preside at a meeting
of the Board at which the Commissioner is
present.
5 (2) If the Commissioner is not present, the
members present may elect a member to
preside.
(3) The person presiding has a deliberative vote
and a second or casting vote.
10 (4) A majority of the members of the Board
currently holding office constitutes a
quorum.
(5) Subject to this Act, the Board may regulate
its own proceedings.
15 169 Effect of vacancy or defect
An act or decision of the Board is not invalid
only because--
(a) of a vacancy in its membership; or
(b) of a defect or irregularity in the
20 appointment of any member; or
(c) in the case of a person appointed to act
as a member, the occasion for his or her
acting had not arisen or had ceased.
Division 3--The Commissioner
25 170 Appointment and role of Commissioner
(1) There is to be a Commissioner appointed by
the Governor in Council.
(2) The Commissioner--
(a) has control of the day-to-day
30 administration of the affairs of the
Commission in accordance with the
561251B.I-3/12/2008 9 BILL LA INTRODUCTION 3/12/2008
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s. 5
policies, priorities and strategies
determined by the Board; and
(b) has any other functions, powers and
duties conferred on the Commissioner
5 by or under this or any other Act.
171 Terms of appointment
(1) The Commissioner holds office for the
period, not exceeding 5 years, specified in
his or her instrument of appointment.
10 (2) The Commissioner is to be appointed on a
full-time basis.
(3) The Commissioner is eligible for
reappointment.
(4) The Public Administration Act 2004
15 (other than Part 3 of that Act) applies to the
Commissioner in respect of the appointment.
172 Resignation and removal
(1) The Commissioner ceases to hold office if
the Commissioner--
20 (a) resigns by writing delivered to the
Governor in Council; or
(b) has been convicted in Victoria or
elsewhere of an indictable offence or an
offence that, if committed in Victoria,
25 would be an indictable offence; or
(c) becomes an insolvent under
administration; or
(d) is removed from office by the Governor
in Council under subsection (2).
30 (2) The Governor in Council may remove the
Commissioner from office on the ground
that--
561251B.I-3/12/2008 10 BILL LA INTRODUCTION 3/12/2008
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s. 5
(a) the Commissioner is absent, without
leave having been granted by the
Board, from 3 consecutive meetings of
the Board of which reasonable notice
5 has been given to the Commissioner,
either personally or by post, fax, email
or other electronic communication; or
(b) the Commissioner is incapable of
carrying out the duties of office; or
10 (c) the Commissioner has engaged in
misconduct in carrying out those duties;
or
(d) the Commissioner has personally
engaged in conduct that a court or
15 tribunal has found to be in
contravention of an equal opportunity
or anti-discrimination law of an
Australian jurisdiction and, if the
Commissioner had engaged in the
20 conduct in carrying out the
Commissioner's duties or functions of
office, the conduct would have
amounted to misconduct in carrying out
those duties or functions.
25 173 Acting Commissioner
(1) The Governor in Council may appoint a
person to act as Commissioner if the
Commissioner--
(a) ceases to hold office before his or her
30 term of appointment expires; or
(b) is unable to perform the duties or
functions of the office.
561251B.I-3/12/2008 11 BILL LA INTRODUCTION 3/12/2008
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s. 5
(2) An acting Commissioner holds office--
(a) if appointed to act under subsection
(1)(a), for the rest of the term of
appointment of the Commissioner; or
5 (b) if appointed to act under subsection
(1)(b), for the period that the
Commissioner is unable to perform the
duties or functions of the office.
(3) The Governor in Council--
10 (a) subject to this Act, may determine the
terms of appointment of an acting
Commissioner;
(b) may at any time terminate the
appointment.
15 (4) While the appointment of an acting
Commissioner remains in force, the acting
Commissioner has and may exercise all the
powers and perform all the duties and
functions of the Commissioner.
20 174 Payment of Commissioner
The Commissioner is entitled to receive the
remuneration and allowances that are fixed
from time to time by the Governor in
Council.
25 Division 4--General provisions
175 Staff of Commission
Any staff that are necessary for the purpose
of administering the following Acts are to be
employed under Part 3 of the Public
30 Administration Act 2004--
(a) this Act;
561251B.I-3/12/2008 12 BILL LA INTRODUCTION 3/12/2008
Equal Opportunity Amendment (Governance) Bill 2008
s. 5
(b) the Charter of Human Rights and
Responsibilities;
(c) the Racial and Religious Tolerance
Act 2001.
5 Note
Under an Order made by the Governor in Council
under section 16 of the Public Administration Act
2004, the Commissioner has all the functions of a
public service body Head in relation to employees of
10 the Commission.
176 Delegation
(1) The Commission, by instrument, may
delegate to the Commissioner or a member
of staff of the Commission any of the
15 Commission's powers, functions or duties
under this Act other than this power of
delegation.
(2) The Board, by instrument, may delegate any
of the Board's powers, functions or duties
20 under this Act, other than this power of
delegation--
(a) to an appointed member of the Board;
or
(b) to the members of a sub-committee of
25 the Board; or
Note
A public entity may form sub-committees under
section 83 of the Public Administration Act
2004.
30 (c) to the Commissioner.
(3) The Commissioner, by instrument, may
delegate to a member of staff of the
Commission any of the Commissioner's
powers, functions or duties under this Act
35 other than this power of delegation.
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s. 5
177 Secrecy
(1) This section applies to every person who is
or has been--
(a) an appointed member of the Board;
5 (b) the Commissioner;
(c) a member of the staff of the
Commission;
(d) a person (other than a person referred to
in paragraph (c)) acting under the
10 authority of the Commission, the Board
or the Commissioner;
(e) a person to whom section 15 of the old
Act applied immediately before its
repeal;
15 (f) a member of the Commission before
the commencement of section 5 of the
Equal Opportunity Amendment
(Governance) Act 2008.
(2) This section applies to information
20 concerning the affairs of any person that is or
has been obtained by a person to whom this
section applies--
(a) in the course of performing functions or
duties or exercising powers under this
25 Act or the old Act; or
(b) as a result of another person performing
functions or duties or exercising powers
under this Act or the old Act.
(3) A person to whom this section applies must
30 not, either directly or indirectly, make a
record of, disclose or communicate to any
person any information to which this section
applies unless it is necessary to do so for the
purposes of, or in connection with, the
561251B.I-3/12/2008 14 BILL LA INTRODUCTION 3/12/2008
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s. 5
performance of a function or duty or the
exercise of a power under this Act or the old
Act.
Penalty: 10 penalty units.
5 (4) A person to whom this section applies must
not be required--
(a) to produce in a court any document
containing information to which this
section applies; or
10 (b) to disclose or communicate to any court
any information to which this section
applies--
unless it is necessary to do so for the
purposes of, or for a prosecution under or
15 arising out of, this Act or the old Act.
(5) In this section--
court includes a tribunal, authority or person
having power to require the production
of documents or the answering of
20 questions;
old Act means the Equal Opportunity Act
1984 as in force immediately before its
repeal;
produce includes permit access to.
25 178 Protection from liability
(1) This section applies to a person who is or has
been--
(a) the Commissioner; or
(b) a member of the staff of the
30 Commission; or
561251B.I-3/12/2008 15 BILL LA INTRODUCTION 3/12/2008
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s. 5
(c) a other person (other than a person
referred to in paragraph (b)) acting
under the authority of the Commission,
the Board or the Commissioner; or
5 (d) the Chief Conciliator; or
(e) a member of the Commission before
the commencement of section 5 of the
Equal Opportunity Amendment
(Governance) Act 2008.
10 (2) A person to whom this section applies is not
personally liable for anything done or
omitted to be done in good faith--
(a) in the performance of a function or duty
or the exercise of a power under this
15 Act; or
(b) in the reasonable belief that the act or
omission was in the performance of a
function or duty or the exercise of a
power under this Act; or
20 (c) in the provision of information or
advice in relation to this or any other
Act or any Commonwealth Act or any
Act of another State or of a Territory.
(3) Any liability resulting from an act or
25 omission that, but for subsection (2), would
attach to a person to whom this section
applies attaches instead to the Commission.
179 Annual reports
In its report of operations for a financial year
30 under Part 7 of the Financial Management
Act 1994, the Commission--
(a) must include information on education
programs, research and the review of
Acts undertaken under section 162
35 during that financial year;
561251B.I-3/12/2008 16 BILL LA INTRODUCTION 3/12/2008
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s. 6
(b) may include any recommendations the
Commission considers appropriate for
the elimination or modification of
discriminatory provisions of Acts.
__________________".
5 6 Consequential amendments
(1) In the Principal Act--
(a) in sections 104, 105, 106, 107 and 108(1),
for "Commission" (wherever occurring)
substitute "Commissioner";
10 (b) in section 108(1A), for "Commission"
(where first occurring) substitute
"Commissioner";
(c) for section 108(1A)(a) substitute--
"(a) to attend before the Commissioner, or a
15 member of the staff of the Commission,
for the purpose of discussing the
subject matter of the complaint at a
reasonable time set out in the notice;";
(d) in section 108(1AB), for "Commission"
20 substitute "Commissioner".
(2) For section 108(1AC) of the Principal Act
substitute--
"(1AC) Nothing in subsection (1A) or (1AB)
prevents the Commissioner from inviting
25 any person to attend before the
Commissioner, or a member of the staff of
the Commission, for the purpose of
discussing the complaint or producing any
documents.".
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s. 7
(3) In section 108 of the Principal Act--
(a) in subsection (2)--
(i) for "Commission's" substitute
"Commissioner's";
5 (ii) for "Commission" substitute
"Commissioner";
(b) in subsections (3), (4), (5) and (6), for
"Commission" (wherever occurring)
substitute "Commissioner".
10 (4) In the Principal Act--
(a) in section 109(2)(a), for "Commission or the
Chief Conciliator" substitute
"Commissioner";
(b) in sections 110, 111, 112 and 113, for
15 "Commission" (wherever occurring)
substitute "Commissioner";
(c) in section 113(1), for "it" (where secondly
occurring) substitute "the Commissioner";
(d) in section 113(2) of the Principal Act, for
20 "Commission's" substitute
"Commissioner's".
7 Further consequential amendments
(1) In section 112(1) of the Principal Act, for
"refer the complaint to the Chief Conciliator"
25 substitute "decide to conciliate the complaint".
(2) Insert the following heading to section 114 of the
Principal Act--
"Conciliation by the Commissioner".
(3) In sections 114 and 115(1) of the Principal Act,
30 for "Chief Conciliator" (wherever occurring)
substitute "Commissioner".
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s. 8
(4) In section 114(1) of the Principal Act, for
"a complaint referred to him or her under
section 112 or 122." substitute--
"a complaint--
5 (a) the Commissioner decided under section 112
to conciliate; or
(b) determined under Division 4 to be an
expedited complaint.".
(5) In section 117 of the Principal Act--
10 (a) in subsection (1)--
(i) for "Chief Conciliator" substitute
"Commissioner";
(ii) omit "and the Commission";
(b) in subsections (2), (3), (4) and (5), for
15 "Commission" (wherever occurring)
substitute "Commissioner".
(6) In the Principal Act--
(a) in sections 119 and 120, for "Commission"
(wherever occurring) substitute
20 "Commissioner";
(b) in section 121(1), for "the Commission's"
substitute "the Commissioner's".
8 New section 122 substituted
For section 122 of the Principal Act substitute--
25 "122 Time limits for conciliation of expedited
complaints
(1) The Commissioner must commence
conciliation of an expedited complaint as
soon as practicable after the Commissioner
30 or the Tribunal has determined that it is an
expedited complaint.
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(2) Subject to this section, if the conciliation has
not been successfully completed within
30 days after that determination, the
Commissioner must notify the parties.
5 (3) If the Commissioner receives notice of an
application under section 124, he or she must
cease to deal with the complaint until the
Tribunal has determined the application.
(4) If the Tribunal refuses the application, the
10 Commissioner must--
(a) commence, or resume, conciliation as
soon as practicable after the refusal;
and
(b) notify the parties if the conciliation has
15 not been successfully completed within
30 days after the refusal.
(5) If the Tribunal makes an interim order under
section 131, the Commissioner must--
(a) commence, or resume, conciliation as
20 soon as practicable after the making of
the order; and
(b) notify the parties if the conciliation has
not been successfully completed within
30 days after the making of the order.
25 (6) The time period in subsection (2) is
suspended from the time an application
referred to in subsection (4) or (5) is made
until the time the Tribunal determines it.".
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s. 9
9 Further consequential amendments
(1) In the Principal Act--
(a) in sections 123 and 131 for "Commission"
(wherever occurring) substitute
5 "Commissioner";
(b) for section 134(1)(a) substitute--
"(a) referred to it by the Commissioner
under section 108, 113, 117 or 123;";
(c) in section 134A(2), for "Commission"
10 substitute "Commissioner".
(2) After section 156(2) of the Principal Act insert--
"(2A) If, in the course of dealing with a complaint,
the Commissioner becomes aware of
circumstances where a contravention of
15 Part 3, 5 or 6 of this Act or Part 2 of the
Racial and Religious Tolerance Act 2001
may have occurred (other than the
contravention alleged in the complaint), the
Commissioner may refer the matter to the
20 Commission for investigation.".
(3) In section 156(3) of the Principal Act--
(a) for "dealing with a complaint or
investigating a matter under subsection (1)
or (2)" substitute " investigating a matter
25 under subsection (1), (2) or (2A)";
(b) omit "the contravention alleged in the
complaint or".
(4) In section 157(2) of the Principal Act, for
"156(3)" substitute "156(2A) or (3)".
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s. 10
10 New Division 8 of Part 7 inserted
After Division 7 of Part 7 of the Principal Act
insert--
"Division 8--Miscellaneous
5 137 Complaint etc. made to Commission taken
to be made to Commissioner
(1) This section applies if--
(a) under this Act or the Racial and
Religious Tolerance Act 2001 a
10 person is permitted or required to lodge
a complaint with, or give a notice to,
the Commissioner; and
(b) the person lodges the complaint or
gives the notice to the Commission.
15 (2) The complaint is taken to have been lodged
with, or the notice is taken to have been
given to, the Commissioner.".
11 Investigations by Commission
(1) After section 158(1) of the Principal Act insert--
20 "(1A) For the purposes of subsection (1), the
Commission may seek guidance from the
Commissioner about how to conduct the
investigation as if it were a complaint.".
(2) For section 158(2) of the Principal Act
25 substitute--
"(2) If the Commission, after investigation and
consultation with the Commissioner, is
satisfied that a person has contravened
Part 3, 5 or 6 of this Act or Part 2 of the
30 Racial and Religious Tolerance Act 2001,
the Commission must refer the matter to the
Commissioner for conciliation as if it were a
complaint.".
561251B.I-3/12/2008 22 BILL LA INTRODUCTION 3/12/2008
Equal Opportunity Amendment (Governance) Bill 2008
s. 12
12 New sections 201 and 202 substituted
For sections 201 and 202 of the Principal Act
substitute--
"201 Compliance with notice to attend or
5 produce documents
A person must not, without reasonable
excuse, fail to comply with a notice of the
Commissioner under section 108(1A)
or 114(2).
10 Penalty: 20 penalty units.
202 Obstructing Commission
(1) A person must not hinder or obstruct a
relevant person who is performing a function
under this Act.
15 Penalty: 20 penalty units.
(2) In this section--
performing a function includes exercising a
power;
relevant person means--
20 (a) a member of the Board;
(b) the Commissioner;
(c) a member of staff of the
Commission.".
13 Further consequential amendments
25 In the Principal Act--
(a) in section 203, for "Chief Conciliator"
(where twice occurring) substitute
"Commissioner";
(b) in section 210(b), for "Chief Conciliator"
30 substitute "Commissioner".
561251B.I-3/12/2008 23 BILL LA INTRODUCTION 3/12/2008
Equal Opportunity Amendment (Governance) Bill 2008
s. 14
14 Supreme Court--limitation of jurisdiction
(1) Section 211(b) and (c) of the Principal Act are
repealed.
(2) At the end of section 211 of the Principal Act
5 insert--
"(2) It is the intention of this section to alter or
vary section 85 of the Constitution Act
1975 to the extent necessary to prevent the
bringing before the Supreme Court of any
10 action in relation to a complaint dismissed by
the Commissioner under section 108, 110,
113, 117 or 123.".
15 Regulations
In section 212(a) of the Principal Act, for "or the
15 Chief Conciliator" substitute ", the Board or the
Commissioner".
16 New sections 227 and 228 inserted
After section 226 of the Principal Act insert--
"227 Transitional provisions--Equal
20 Opportunity Amendment (Governance)
Act 2008
(1) A person who, immediately before the
commencement day, was an appointed
member of the Commission is taken, on and
25 after the commencement day, to be an
appointed member of the Board for the
remainder of the person's term of office, and
subject to the same terms of appointment, as
if the person had been appointed under
30 section 163 on the day on which the person
was appointed as an appointed member of
the Commission.
(2) Despite subsection (1), the appointed
member of the Commission who,
35 immediately before the commencement day,
561251B.I-3/12/2008 24 BILL LA INTRODUCTION 3/12/2008
Equal Opportunity Amendment (Governance) Bill 2008
s. 16
was chairperson of the Commission does not
become chairperson of the Board on the
commencement day.
(3) On and after the commencement day, this
5 Act as amended by the Equal Opportunity
Amendment (Governance) Act 2008
applies to a complaint whether the complaint
was lodged before, on or after the
commencement day.
10 (4) Without limiting subsection (3), a complaint
or a request for a referral made to the Chief
Conciliator or the Commission and not
finally dealt with immediately before the
commencement day is taken on and from the
15 commencement day to have been made to
the Commissioner.
(5) In this section--
appointed member of the Commission has
the meaning it had in section 4(1) as in
20 force immediately before the
commencement day;
commencement day means the day on which
the Equal Opportunity Amendment
(Governance) Act 2008 comes into
25 operation.
228 Additional transitional provision--Equal
Opportunity Amendment (Governance)
Act 2008
(1) This section applies to any act done by the
30 Commission or Chief Conciliator before the
commencement day that, on and from the
commencement day, may or must be done by
the Commissioner.
(2) On and from the commencement day, the act
35 is taken to have been done by the
Commissioner.
561251B.I-3/12/2008 25 BILL LA INTRODUCTION 3/12/2008
Equal Opportunity Amendment (Governance) Bill 2008
s. 17
(3) In this section--
commencement day means the day on which
the Equal Opportunity Amendment
(Governance) Act 2008 comes into
5 operation.".
17 Consequential amendments to Racial and Religious
Tolerance Act 2001
(1) In section 3 of the Racial and Religious
Tolerance Act 2001, after the definition of
10 Commission insert--
"Commissioner means the Commissioner
appointed under section 170 of the Equal
Opportunity Act 1995;".
(2) In sections 19, 20, 21, 23 and 23A of the Racial
15 and Religious Tolerance Act 2001, for
"Commission" (wherever occurring) substitute
"Commissioner".
(3) After section 23A(6) of the Racial and Religious
Tolerance Act 2001 insert--
20 "(6A) If a notification under subsection (6) is given
to the Commission, the notification is taken
to have been given to the Commissioner.".
18 Consequential amendments to Victorian Civil and
Administrative Tribunal Act 1998
25 (1) In Part 7 of Schedule 1 to the Victorian Civil and
Administrative Tribunal Act 1998, before
clause 13 insert--
"12B Commissioner
In this Part--
30 Commissioner means the Commissioner
appointed under section 170 of the
Equal Opportunity Act 1995.".
561251B.I-3/12/2008 26 BILL LA INTRODUCTION 3/12/2008
Equal Opportunity Amendment (Governance) Bill 2008
s. 19
(2) In clauses 15, 16, 20, 22 and 23 of Schedule 1 to
the Victorian Civil and Administrative
Tribunal Act 1998, for "Victorian Equal
Opportunity and Human Rights Commission"
5 (wherever occurring) insert "Commissioner".
(3) In the heading to clause 15 of Schedule 1 to the
Victorian Civil and Administrative Tribunal
Act 1998--
(a) for "Commission" substitute
10 "Commissioner"; and
(b) for "its" substitute " Commissioner's".
(4) In clause 15 of Schedule 1 to the Victorian Civil
and Administrative Tribunal Act 1998 for
"made by it" substitute "made by the
15 Commissioner".
(5) In clause 22 of Schedule 1 to the Victorian Civil
and Administrative Tribunal Act 1998, for
"it is" substitute "the Commissioner is".
(6) In the heading to clause 22 of Schedule 1 to the
20 Victorian Civil and Administrative Tribunal
Act 1998, for "Commission" substitute
"Commissioner".
19 Repeal of amending Act
This Act is repealed on 1 October 2010.
25 Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561251B.I-3/12/2008 27 BILL LA INTRODUCTION 3/12/2008
Equal Opportunity Amendment (Governance) Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561251B.I-3/12/2008 28 BILL LA INTRODUCTION 3/12/2008
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