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This is a Bill, not an Act. For current law, see the Acts databases.
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
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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.
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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
__________________
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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.".
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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
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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.".
__________________
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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.".
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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
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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.
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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
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