EQUAL OPPORTUNITY AND TOLERANCE LEGISLATION (AMENDMENT) BILL 2006
PARLIAMENT OF VICTORIA Equal Opportunity and Tolerance Legislation (Amendment) Act 2006 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purpose 1 2. Commencement 2 PART 2--AMENDMENT OF EQUAL OPPORTUNITY ACT 1995 3 3. Commission may decline to entertain some complaints 3 4. Conciliation by the Chief Conciliator 4 5. Tribunal may make interim orders before hearing 4 6. When may the Tribunal hear a complaint? 4 7. Section 201 substituted 5 201. Compliance with notice requiring attendance or production of documents 5 8. New section 225 inserted 5 225. Transitional provision--Equal Opportunity and Tolerance Legislation (Amendment) Act 2006 5 PART 3--AMENDMENT OF RACIAL AND RELIGIOUS TOLERANCE ACT 2001 6 9. Exceptions--public conduct 6 10. Application of Equal Opportunity Act 1995 6 11. New section 23A inserted 7 23A. Application of Equal Opportunity Act 1995 if Commission declines to entertain complaint 7 12. New section 32 inserted 9 32. Transitional provisions--Equal Opportunity and Tolerance Legislation (Amendment) Act 2006 9 ENDNOTES 11 i 551403B.I1-4/4/2006 BILL LA INTRODUCTION 4/4/2006
PARLIAMENT OF VICTORIA A BILL to amend the Equal Opportunity Act 1995 and the Racial and Religious Tolerance Act 2001 and for other purposes. Equal Opportunity and Tolerance Legislation (Amendment) Act 2006 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is to make miscellaneous amendments to-- (a) the Equal Opportunity Act 1995; and 5 (b) the Racial and Religious Tolerance Act 2001. 1 551403B.I1-4/4/2006 BILL LA INTRODUCTION 4/4/2006
Equal Opportunity and Tolerance Legislation (Amendment) Act 2006 Act No. Part 1--Preliminary s. 2 2. Commencement (1) Sections 1, 3, 4, 7, 10(3) and this section come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining 5 provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 January 2007, it comes into operation on that day. 10 __________________ 2 551403B.I1-4/4/2006 BILL LA INTRODUCTION 4/4/2006
Equal Opportunity and Tolerance Legislation (Amendment) Act 2006 Act No. Part 2--Amendment of Equal Opportunity Act 1995 s. 3 See: PART 2--AMENDMENT OF EQUAL OPPORTUNITY Act No. ACT 1995 42/1995. Reprint No. 4 as at 3. Commission may decline to entertain some 3 April 2003 complaints and amending (1) In section 108(1A) of the Equal Opportunity 5 Act Nos 108/2004 and Act 1995-- 18/2005. LawToday: (a) for "invite" substitute "require"; www.dms. dpc.vic. (b) in paragraph (a) after "complaint" insert gov.au "at a reasonable time set out in the notice"; (c) in paragraph (b) after "notice" insert "on or 10 before a reasonable time set out in the notice". (2) At the foot of section 108(1A) of the Equal Opportunity Act 1995 insert-- 15 "Note: See section 201 which makes it an offence not to comply with a requirement under this sub-section.". (3) After section 108(1A) of the Equal Opportunity Act 1995 insert-- "(1AB) The Commission may give a notice under sub-section (1A) only if it is reasonably 20 necessary for the purpose of determining whether to decline to entertain a complaint. (1AC) Nothing in sub-section (1A) or (1AB) prevents the Commission from inviting any person to attend before the Commission, or a 25 member or member of staff of the Commission, for the purpose of discussing the complaint or to produce any documents.". 3 551403B.I1-4/4/2006 BILL LA INTRODUCTION 4/4/2006
Equal Opportunity and Tolerance Legislation (Amendment) Act 2006 Act No. Part 2--Amendment of Equal Opportunity Act 1995 s. 4 4. Conciliation by the Chief Conciliator (1) In section 114(2) of the Equal Opportunity Act 1995-- (a) for "The" substitute "If it is reasonably necessary for the purpose of conciliating a 5 complaint, the"; (b) in paragraph (a) after "complaint" insert "at a reasonable time set out in the notice"; (c) in paragraph (b) after "notice" insert "on or before a reasonable time set out in the 10 notice". (2) At the foot of section 114(2) of the Equal Opportunity Act 1995 insert-- "Note: See section 201 which makes it an offence not to 15 comply with a requirement under this sub-section.". (3) After section 114(2) of the Equal Opportunity Act 1995 insert-- "(3) Nothing in sub-section (2) prevents the Chief Conciliator from inviting any person to attend before him or her for the purpose of 20 discussing the complaint or to produce any documents.". 5. Tribunal may make interim orders before hearing In section 131(2) of the Equal Opportunity Act 1995, after "Tribunal" insert "or before an 25 application for leave is made under section 23A of the Racial and Religious Tolerance Act 2001". 6. When may the Tribunal hear a complaint? (1) In section 134(1)(c) of the Equal Opportunity Act 1995, for "occurred." substitute "occurred;". 30 4 551403B.I1-4/4/2006 BILL LA INTRODUCTION 4/4/2006
Equal Opportunity and Tolerance Legislation (Amendment) Act 2006 Act No. Part 2--Amendment of Equal Opportunity Act 1995 s. 7 (2) After section 134(1)(c) of the Equal Opportunity Act 1995 insert-- "(d) on an application under section 23A of the Racial and Religious Tolerance Act 2001, if the Tribunal has given leave for that 5 application.". 7. Section 201 substituted For section 201 of the Equal Opportunity Act 1995 substitute-- "201. Compliance with notice requiring 10 attendance or production of documents A person must not, without reasonable excuse, fail to comply with a notice of the Commission under section 108(1A) or of the Chief Conciliator under section 114(2). 15 Penalty: 20 penalty units.". 8. New section 225 inserted After section 224 of the Equal Opportunity Act 1995 insert-- "225. Transitional provision--Equal 20 Opportunity and Tolerance Legislation (Amendment) Act 2006 The amendments made to section 134 by section 6 of the Equal Opportunity and Tolerance Legislation (Amendment) Act 25 2006 apply to complaints lodged with the Equal Opportunity Commission under section 105 of the Equal Opportunity Act 1995 on or after the commencement of section 6 of the Equal Opportunity and 30 Tolerance Legislation (Amendment) Act 2006.". __________________ 5 551403B.I1-4/4/2006 BILL LA INTRODUCTION 4/4/2006
Equal Opportunity and Tolerance Legislation (Amendment) Act 2006 Act No. Part 3--Amendment of Racial and Religious Tolerance Act 2001 s. 9 See: PART 3--AMENDMENT OF RACIAL AND RELIGIOUS Act No. TOLERANCE ACT 2001 47/2001. LawToday: www.dms. 9. Exceptions--public conduct dpc.vic. gov.au At the end of section 11 of the Racial and Religious Tolerance Act 2001 insert-- 5 "(2) For the purpose of sub-section (1)(b)(i), a religious purpose includes, but is not limited to, conveying or teaching a religion or proselytising.". 10. Application of Equal Opportunity Act 1995 10 (1) In section 23(1) of the Racial and Religious Tolerance Act 2001, before "Divisions" insert "Subject to sub-section (1A),". (2) After section 23(1) of the Racial and Religious Tolerance Act 2001 insert-- 15 "(1A) Section 108(2), (3), (4) and (5) of the Equal Opportunity Act 1995 does not apply to a complaint made under this Act if the Commission declines to entertain the complaint under section 108(1) of the Equal 20 Opportunity Act 1995.". (3) After section 23(3) of the Racial and Religious Tolerance Act 2001 insert-- "(4) For the avoidance of doubt, Division 2 of Part 10 and section 210 of the Equal 25 Opportunity Act 1995 apply to any proceeding before the Commission involving a complaint made under this Act.". 6 551403B.I1-4/4/2006 BILL LA INTRODUCTION 4/4/2006
Equal Opportunity and Tolerance Legislation (Amendment) Act 2006 Act No. Part 3--Amendment of Racial and Religious Tolerance Act 2001 s. 11 11. New section 23A inserted After section 23 of the Racial and Religious Tolerance Act 2001 insert-- "23A. Application of Equal Opportunity Act 1995 if Commission declines to 5 entertain complaint (1) If the Commission declines, under section 108(1) of the Equal Opportunity Act 1995, to entertain a complaint made under this Act, a complainant may, with the 10 leave of the Tribunal, apply to the Tribunal to hear the complaint under Division 7 of Part 7 of the Equal Opportunity Act 1995. (2) An application for leave to apply to the Tribunal under sub-section (1) must be made 15 within 60 days after the complainant receives the Commission's notice declining to entertain the complaint. (3) The Tribunal may-- (a) determine an application for leave 20 entirely on the basis of documents, without any physical appearance by the parties or their representatives or witnesses, whether or not the parties agree; and 25 (b) give leave subject to any conditions it thinks fit. (4) In determining whether or not to grant leave, the Tribunal may consider whether, in its opinion, the complaint-- 30 (a) is frivolous, vexatious, misconceived or lacking in substance; or (b) involves subject matter that would be more appropriately dealt with by another tribunal or a court; or 35 7 551403B.I1-4/4/2006 BILL LA INTRODUCTION 4/4/2006
Equal Opportunity and Tolerance Legislation (Amendment) Act 2006 Act No. Part 3--Amendment of Racial and Religious Tolerance Act 2001 s. 11 (c) involves subject matter that has been adequately dealt with by a tribunal or court; or (d) relates to an alleged contravention of this Act that took place more than 5 12 months before the complaint was lodged with the Commission. (5) Nothing in sub-section (4) limits the discretion of the Tribunal to grant or refuse to grant leave under sub-section (1). 10 (6) A complainant must notify the Commission in writing of any application for leave under sub-section (1) within 30 days after the application is made to the Tribunal. (7) The Commission may dismiss a complaint 15 if-- (a) a complainant does not apply for leave under sub-section (1) within 60 days after receiving the Commission's notice; or 20 (b) the Tribunal refuses to grant leave under sub-section (1) and-- (i) no application for leave to appeal is made under section 148 of the Victorian Civil and 25 Administrative Tribunal Act 1998; or (ii) an application for leave to appeal or an appeal, under section 148 of the Victorian Civil and 30 Administrative Tribunal Act 1998, is unsuccessful. 8 551403B.I1-4/4/2006 BILL LA INTRODUCTION 4/4/2006
Equal Opportunity and Tolerance Legislation (Amendment) Act 2006 Act No. Part 3--Amendment of Racial and Religious Tolerance Act 2001 s. 12 (8) If the Commission dismisses a complaint under sub-section (7) the complainant may take no further action under this Act or the Equal Opportunity Act 1995 in relation to the subject matter of the complaint. 5 (9) As soon as possible after a dismissal under sub-section (7), the Commission must, by written notice, notify the complainant and the respondent of the dismissal. (10) For the purposes of section 148 of the 10 Victorian Civil and Administrative Tribunal Act 1998, the question whether or not to grant leave under sub-section (1) is a question of law. (11) If a complainant makes an application for 15 leave to appeal under section 148 of the Victorian Civil and Administrative Tribunal Act 1998 the complainant must notify the Commission in writing of the application within 30 days after the 20 application is made to the Supreme Court.". 12. New section 32 inserted After section 31 of the Racial and Religious Tolerance Act 2001 insert-- "32. Transitional provisions--Equal 25 Opportunity and Tolerance Legislation (Amendment) Act 2006 (1) The amendments made to section 23 by section 10(1) and (2) of the Equal Opportunity and Tolerance Legislation 30 (Amendment) Act 2006 apply to complaints lodged with the Equal Opportunity Commission under section 105 of the Equal Opportunity Act 1995 on or after the commencement of section 10(1) and (2) of 35 9 551403B.I1-4/4/2006 BILL LA INTRODUCTION 4/4/2006
Equal Opportunity and Tolerance Legislation (Amendment) Act 2006 Act No. Part 3--Amendment of Racial and Religious Tolerance Act 2001 s. 12 the Equal Opportunity and Tolerance Legislation (Amendment) Act 2006. (2) Section 23A applies to complaints lodged with the Equal Opportunity Commission under section 105 of the Equal Opportunity 5 Act 1995 on or after the commencement of section 11 of the Equal Opportunity and Tolerance Legislation (Amendment) Act 2006.". 10 551403B.I1-4/4/2006 BILL LA INTRODUCTION 4/4/2006
Equal Opportunity and Tolerance Legislation (Amendment) Act 2006 Act No. Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 11 551403B.I1-4/4/2006 BILL LA INTRODUCTION 4/4/2006