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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Equal Opportunity Amendment Bill 2008
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 24 amended 2
5. Section 83B inserted 3
83B. Manner of dealing with complaints of
sexual harassment against members of
Parliament 3
6. Section 165 amended 7
7. Section 166 amended 7
271--1B page i
Western Australia
LEGISLATIVE ASSEMBLY
Equal Opportunity Amendment Bill 2008
A Bill for
An Act to amend the Equal Opportunity Act 1984.
The Parliament of Western Australia enacts as follows:
page 1
Equal Opportunity Amendment Bill 2008
s. 1
1. Short title
This is the Equal Opportunity Amendment Act 2008.
2. Commencement
This Act comes into operation as follows:
5 (a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on the day after that day.
3. The Act amended
The amendments in this Act are to the Equal Opportunity
10 Act 1984.
4. Section 24 amended
(1) After section 24(2) the following subsections are inserted --
"
(2A) Without limiting subsection (1), it is unlawful for a
15 member of Parliament to harass sexually --
(a) an officer appointed to assist the member of
Parliament; or
(b) an officer appointed to assist another member
of Parliament; or
20 (c) an officer or member of the staff of Parliament;
or
(d) any other person who in the course of
employment performs duties at the Parliament
or at a place where either House, or a
25 committee of either or both Houses, meets.
(2B) Subsection (2A) does not apply in relation to anything
said or done by a member of Parliament in the course
of parliamentary proceedings.
".
30 Note: The heading to section 24 will be altered by adding "and of staff ".
page 2
Equal Opportunity Amendment Bill 2008
s. 5
(2) Section 24(3) is amended by deleting "this section" and
inserting instead --
" subsections (1) and (2) ".
(3) After section 24(3) the following subsection is inserted --
5 "
(3A) A person shall, for the purposes of subsection (2A), be
taken to harass sexually a person referred to in
subsection (2A)(a), (b), (c) or (d) if the first-mentioned
person makes an unwelcome sexual advance, or an
10 unwelcome request for sexual favours, to the other
person, or engages in other unwelcome conduct of a
sexual nature in relation to the other person.
".
(4) Section 24(4) is amended by deleting "subsection (3)" and
15 inserting instead --
" subsection (3) or (3A) ".
5. Section 83B inserted
After section 83A the following section is inserted --
"
20 83B. Manner of dealing with complaints of sexual
harassment against members of Parliament
(1) If a complaint alleging that a member of Parliament
committed a contravention of section 24 is lodged with
the Commissioner, the following provisions apply --
25 (a) the Commissioner shall refer the complaint to
the appropriate authority;
(b) if the appropriate authority is of the opinion
that dealing with the complaint under this Act
could impinge on parliamentary privilege, the
30 appropriate authority may investigate and deal
with the complaint in a manner that the
appropriate authority thinks fit;
page 3
Equal Opportunity Amendment Bill 2008
s. 5
(c) on the appropriate authority giving the
Commissioner written notice that a complaint is
to be dealt with under paragraph (b) --
(i) no action can be taken under sections 84
5 to 93 in relation to the complaint; and
(ii) the Commissioner shall give the
complainant and the respondent written
notice that the complaint will be dealt
with by the appropriate authority;
10 (d) on the appropriate authority giving the
Commissioner written notice that a complaint is
not going to be dealt with under paragraph (b),
the Commissioner may proceed to deal with the
complaint under this Act;
15 (e) a notice has to be given under paragraph (c)
or (d) by the appropriate authority no later than
one month after the referral of a complaint to
the appropriate authority;
(f) if a complaint is to be dealt with under
20 paragraph (b), the Commissioner may at the
request of the appropriate authority --
(i) assist the authority in investigating the
complaint; or
(ii) endeavour to resolve the complaint by
25 conciliation;
(g) if the Commissioner is to act under
paragraph (f), the appropriate authority shall
give the complainant and the respondent
written notice that the Commissioner is to
30 so act;
(h) if, acting under paragraph (f), the
Commissioner endeavours to resolve a
complaint by conciliation but is not successful,
the Commissioner may make recommendations
page 4
Equal Opportunity Amendment Bill 2008
s. 5
to the appropriate authority regarding resolution
of the complaint;
(i) if, after investigating a complaint under
paragraph (b), the appropriate authority
5 considers that the complaint can be dealt with
under this Act without impinging on
parliamentary privilege, the appropriate
authority shall remit the complaint to the
Commissioner, and, in that case, the
10 Commissioner may proceed to deal with the
complaint under this Act;
(j) if a complaint is remitted to the Commissioner
under paragraph (i), the Commissioner shall
give the complainant and respondent written
15 notice that the complaint is to be dealt with by
the Commissioner;
(k) the appropriate authority shall give the
complainant and the Commissioner written
notice of the manner in which the appropriate
20 authority has dealt with a complaint under
paragraph (b).
(2) Despite subsection (1)(c)(i) and any other law, for the
purposes of investigating a complaint under
subsection (1)(b) an appropriate authority has the same
25 powers and immunities as are conferred on the
Commissioner by this Act in relation to the
investigation of a complaint by the Commissioner.
(3) Despite subsection (1)(c)(i), sections 91(2) and 92
apply if the Commissioner is endeavouring to resolve a
30 complaint by conciliation under subsection (1)(f)(ii).
page 5
Equal Opportunity Amendment Bill 2008
s. 5
(4) In this section --
"appropriate authority" in relation to a complaint
against a member of the Legislative Council
means --
5 (a) the President of the Legislative Council; or
(b) if the person who is President is not available
to deal with the matter --
(i) the Chairman of Committees of the
Legislative Council; or
10 (ii) if the person who is Chairman of
Committees is not available to deal
with the matter --a member of the
Legislative Council who is not the
respondent and who is appointed by
15 the Legislative Council to deal with
the complaint;
"appropriate authority" in relation to a complaint
against a member of the Legislative Assembly
means --
20 (a) the Speaker of the Legislative Assembly; or
(b) if the person who is Speaker is not available
to deal with the matter --
(i) the Chairman of Committees of the
Legislative Assembly; or
25 (ii) if the person who is Chairman of
Committees is not available to deal
with the matter --a member of the
Legislative Assembly who is not the
respondent and who is appointed by
30 the Legislative Assembly to deal with
the complaint.
page 6
Equal Opportunity Amendment Bill 2008
s. 6
(5) For the purposes of subsection (4) a person is not
available to deal with a matter if the person --
(a) is absent or unable for the time being to
perform the duties of office; or
5 (b) is the respondent; or
(c) declines to deal with the matter on the grounds
that it would be inappropriate for the person to
do so.
".
10 6. Section 165 amended
(1) Section 165(1) is amended by deleting "Commissioner has" and
inserting instead --
" Commissioner or an appropriate authority has ".
(2) Section 165(2)(a) is amended as follows:
15 (a) by deleting "Commissioner," and inserting instead --
" Commissioner, an appropriate authority, ";
(b) by inserting before "or pursuant" --
" or of an appropriate authority ".
(3) After section 165(2) the following subsection is inserted --
20 "
(3) In this section --
"appropriate authority" has the meaning given in
section 83B(4).
".
25 7. Section 166 amended
(1) Section 166(1) is amended as follows:
(a) by inserting before "or a" --
" or an appropriate authority ";
page 7
Equal Opportunity Amendment Bill 2008
s. 7
(b) by inserting before "or pursuant" --
" or of an appropriate authority ";
(c) by deleting "Commissioner." and inserting instead --
" Commissioner or appropriate authority. ".
5 (2) Section 166(2)(b) is amended by deleting "Commissioner," and
inserting instead --
" Commissioner or an appropriate authority, ".
(3) After section 166(2) the following subsection is inserted --
"
10 (3) In this section --
"appropriate authority" has the meaning given in
section 83B(4).
".
page 8
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