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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Equal Opportunity Amendment Bill 2006
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Long title amended 2
5. Section 3 amended 2
6. Section 4 amended 2
7. Part III heading replaced 3
Part III -- Racial discrimination, harassment and
offensive behaviour
8. Part 3 Division 3B inserted 3
Division 3B -- Racially offensive behaviour
49E. Racially offensive behaviour 3
49F. Exceptions 4
9. Section 80 amended 5
10. Section 83 amended 6
11. Section 89 amended 7
12. Section 114 amended 8
13. Section 115 amended 8
14. Section 116 amended 8
15. Section 117 amended 9
16. Section 126 amended 9
17. Section 127 amended 10
173--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Equal Opportunity Amendment Bill 2006
A Bill for
An Act to amend the Equal Opportunity Act 1984 and for related
purposes.
The Parliament of Western Australia enacts as follows:
page 1
Equal Opportunity Amendment Bill 2006
s. 1
1. Short title
This is the Equal Opportunity Amendment Act 2006.
2. Commencement
This Act comes into operation on the day on which it receives the
5 Royal Assent.
3. The Act amended
The amendments in this Act are to the Equal Opportunity
Act 1984*.
[* Reprint 4 as at 1 April 2005.
10 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, and Acts
Nos. 18 of 2005 and 28 and 29 of 2006.]
4. Long title amended
The long title is amended by deleting "grounds." and inserting
15 instead --
"
grounds, and in respect of racially offensive behaviour.
".
5. Section 3 amended
20 After section 3(b) the following paragraph is inserted --
"
(ba) to eliminate, so far as is possible, racially
offensive behaviour in public;
".
25 6. Section 4 amended
Section 4(1) is amended as follows:
(a) in paragraph (a) of the definition of "complaint" by
deleting "representative" and inserting instead --
" group ";
page 2
Equal Opportunity Amendment Bill 2006
s. 7
(b) by deleting the definition of "representative complaint";
(c) by inserting in the appropriate alphabetical position --
"
"group complaint" means a complaint lodged under
5 section 83(1)(a) or (b) or (1a) by a person on
behalf of the person and other persons or by 2 or
more persons on behalf of themselves and other
persons, but does not include such a complaint
after it has been amended by the Tribunal under
10 section 116(b);
".
7. Part III heading replaced
The heading to Part III is repealed and the following heading is
inserted instead --
15 "
Part III -- Racial discrimination, harassment
and offensive behaviour
".
8. Part 3 Division 3B inserted
20 After section 49D the following Division is inserted --
"
Division 3B -- Racially offensive behaviour
49E. Racially offensive behaviour
(1) It is unlawful for a person to do any act, otherwise than
25 in private, that is reasonably likely to offend, insult,
humiliate or intimidate another person on the ground
of --
(a) the race; or
(b) a characteristic that appertains generally to
30 persons of the race; or
page 3
Equal Opportunity Amendment Bill 2006
s. 8
(c) a characteristic that is generally imputed to
persons of the race,
of that other person or of a relative or associate of that
other person.
5 (2) Conduct is taken not to occur in private if it --
(a) consists of any form of communication with the
public or a section of the public; or
(b) occurs in a public place or in the sight or
hearing of people who are in a public place.
10 (3) In subsection (2) --
"public place" includes a place to which the public or
a section of the public has access, or is expressly
or impliedly permitted to have access, whether on
payment or not.
15 49F. Exceptions
Nothing in section 49E renders it unlawful to do an act
reasonably and in good faith --
(a) in the performance, exhibition or distribution of
an artistic work; or
20 (b) in the course of a statement, publication,
discussion or debate made or held for --
(i) a genuine academic, artistic or scientific
purpose; or
(ii) any other genuine purpose in the public
25 interest;
or
(c) in making or publishing --
(i) a fair and accurate report of; or
page 4
Equal Opportunity Amendment Bill 2006
s. 9
(ii) a fair comment that is an expression of a
genuine belief held by the person
making the comment in relation to,
an event or matter of public interest.
5 ".
9. Section 80 amended
Section 80 is amended as follows:
(a) by deleting "age eliminating" and inserting instead --
" age, eliminating ";
10 (b) after "accommodation," by inserting --
"
eliminating, as far as possible, racially offensive
behaviour in public,
";
15 (c) in paragraph (a) by deleting "discrimination or sexual or
racial harassment" and inserting instead --
"
discrimination, sexual or racial harassment or
racially offensive behaviour
20 ";
(d) after paragraph (b)(ii) by inserting --
"
(iia) elimination of racially offensive
behaviour in public; and
25 ";
(e) in paragraph (e) by deleting "harassment;" and inserting
instead --
"
harassment, and means of eliminating racially
30 offensive behaviour in public; and
";
page 5
Equal Opportunity Amendment Bill 2006
s. 10
(f) after each of paragraphs (a), (b)(i), (b), (c), (d), (f), (fa)
and (g)(i) and (ii) by inserting --
" and ".
10. Section 83 amended
5 (1) Section 83(1) is amended as follows:
(a) after paragraph (a) by inserting --
" or ";
(b) after paragraph (c) by deleting the full stop and inserting
instead --
10 "
; or
(d) in the case of an alleged contravention of
section 49E and subject to subsection (3a), a
representative body on behalf of one or more
15 named members of the affected racial group.
".
(2) Section 83(3) is amended as follows:
(a) after "subsection (1)" by inserting --
" (a) or (b) ";
20 (b) by deleting "representative" in both places where it
occurs and inserting instead --
" group ".
(3) After section 83(3) the following subsection is inserted --
"
25 (3a) A complaint cannot be lodged under subsection (1)(d)
unless --
(a) each person named in the complaint has
consented to the complaint being made on his
or her behalf; and
30 (b) the act the subject of the alleged contravention
is a matter of genuine concern to the body
page 6
Equal Opportunity Amendment Bill 2006
s. 11
because of the way acts of that kind affect, or
may affect, the people the promotion of whose
interests or welfare is the body's primary
purpose.
5 ".
(4) Section 83(6) is repealed and the following subsection is
inserted instead --
"
(6) In this section --
10 "affected racial group", in relation to an alleged
contravention of section 49E, means the class of
persons it is alleged are likely to be offended,
insulted, humiliated or intimidated by the act the
subject of the alleged contravention;
15 "representative body", in relation to an alleged
contravention of section 49E, means a body
(whether incorporated or not) that has as its
primary purpose the promotion of the interests or
welfare of people who are, or include, members of
20 the affected racial group;
"trade union" means an organisation of employees or
an organisation of employers.
".
11. Section 89 amended
25 Section 89(1) is amended as follows:
(a) by deleting "substance or" and inserting instead --
" substance, ";
(b) by deleting "Act," and inserting instead --
"
30 Act or, in the case of a complaint lodged under
section 83(1)(d), is made in contravention of
section 83(3a),
".
page 7
Equal Opportunity Amendment Bill 2006
s. 12
12. Section 114 amended
Section 114 is amended by deleting "representative" in both
places where it occurs and inserting instead --
" group ".
5 13. Section 115 amended
(1) Section 115(1) is amended as follows:
(a) by inserting after "permit a complaint" --
" lodged under section 83(1)(a) or (b) or (1a) ";
(b) by deleting "representative" in both places where it
10 occurs and inserting instead --
" group ".
(2) Section 115(2) is amended as follows:
(a) by inserting after "In considering" --
" under subsection (1) ";
15 (b) by deleting "representative" in both places where it
occurs and inserting instead --
" group ".
14. Section 116 amended
Section 116 is amended as follows:
20 (a) by inserting after "Where" --
"
, having considered a complaint under section 115,
";
(b) in paragraphs (a) and (b) by deleting "representative" in
25 each place where it occurs and inserting instead --
" group ".
page 8
Equal Opportunity Amendment Bill 2006
s. 15
15. Section 117 amended
Section 117 is amended as follows:
(a) by deleting "representative" in the first place where it
occurs and inserting instead --
5 " group ";
(b) by deleting "representative complaint" in the second
place where it occurs and inserting instead --
"
group complaint or a complaint under
10 section 83(1)(d)
".
16. Section 126 amended
(1) Section 126 is amended as follows:
(a) before "The Tribunal" by inserting the subsection
15 designation "(1)";
(b) by deleting "a party to an investigation at any time after
the lodging of the complaint into which that
investigation is held," and inserting instead --
"
20 the complainant or respondent to a complaint into
which an inquiry is being held,
".
(2) At the end of section 126 the following subsection is inserted --
"
25 (2) In this section --
"parties", in relation to a group complaint or a
complaint lodged under section 83(1)(c) or (d),
includes the persons on whose behalf the
complaint was made.
30 ".
page 9
Equal Opportunity Amendment Bill 2006
s. 17
17. Section 127 amended
(1) Section 127(b)(i) is amended as follows:
(a) by deleting "representative" and inserting instead --
" group ";
5 (b) by deleting "to the complainant".
(2) Section 127(b)(iii) is amended as follows:
(a) by deleting "representative" and inserting instead --
" group ";
(b) by deleting "the complainant;" and inserting instead --
10 " reason of the respondent's conduct; ".
page 10
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