Mr WILLIAMS (Attorney-General and Minister for Justice)(5.22 p.m.) —by leave—I move government amendments Nos 1 to 22:

(1)   Page 1 (after line 3), before clause 1, insert:

Part 1—Preliminary

(2)   Page 2 (after line 9), after clause 3, insert:

Part 2—Transitional and application provisions

Division 1—Interpretation

3A Interpretation

In this Part:

appropriate Commissioner means:

(a)   in relation to a complaint lodged under the old DDA—the Disability Discrimination Commissioner; and

(b)   in relation to a complaint lodged under the old RDA—the Race Discrimination Commissioner; and

(c)   in relation to a complaint lodged under the old SDA—the Sex Discrimination Commissioner.

Court means the Federal Court of Australia.

holding of an inquiry means a holding of an inquiry referred to in a notice given under:

(a)   section 83 of the old DDA; or

(b)   section 25E of the old RDA; or

(c)   section 63 of the old SDA.

new HREOCA means the Human Rights and Equal Opportunity Commission Act 1986 as amended by Schedule 1 to this Act.

old DDA means the Disability Discrimination Act 1992 before being amended by Schedule 1 to this Act.

old RDA means the Racial Discrimination Act 1975 before being amended by Schedule 1 to this Act.

old SDA means the Sex Discrimination Act 1984 before being amended by Schedule 1 to this Act.

purported complaint means a document purporting to be a complaint.

starting day means the day on which this Part commences.

Division 2—Treatment of complaints lodged before starting day

Subdivision A—Treatment of complaint depends on the stage it has reached

3B Purported complaint lodged but no decision as to whether it is a complaint

(1)   A purported complaint is treated in the way set out in subsection (2) if before the starting day:

   (a)   it was lodged with the Commission; and

   (b)   the Commission had not decided whether it was a complaint within the meaning of the old DDA, old RDA or old SDA.

(2)   On the starting day:

   (a)   the purported complaint is taken to have been lodged under section 46P of the new HREOCA; and

   (b)   the Commission must then decide whether it is a complaint within the meaning of the new HREOCA.

3C Administrative appeal on Commission's decision as to whether complaint

(1)   A purported complaint is treated in the way set out in subsection (2) if:

   (a)   before the starting day, the Commission decided that it was, or was not, a complaint within the meaning of the old DDA, old RDA or old SDA; and

   (b)   on or after the starting day, the Court makes an order under the Administrative Decisions (Judicial Review) Act 1977 to refer the matter to which the decision relates to the Commission for further consideration.

(2)   On the day on which the order is made:

   (a)   the purported complaint is taken to have been lodged under section 46P of the new HREOCA; and

   (b)   the Commission must then decide whether it is a complaint within the meaning of the new HREOCA.

3D Complaint lodged but Commissioner not notified of it

(1)   A purported complaint is treated in the way set out in subsection (2) if before the starting day:

   (a)   it was lodged with the Commission; and

   (b)   the Commission decided that it was a complaint within the meaning of the old DDA, old RDA or old SDA; and

   (c)   the Commission had not notified the appropriate Commissioner of it.

(2)   On the starting day:

   (a)   the purported complaint is taken to have been lodged under section 46P of the new HREOCA; and

   (b)   the Commission is taken to have decided that it is a complaint within the meaning of the new HREOCA.

3E Commissioner notified of complaint but had not decided to dismiss or refer it

(1)   A complaint is treated in the way set out in subsection (2) if before the starting day:

   (a)   the Commission had notified the appropriate Commissioner of the complaint; and

   (b)   the appropriate Commissioner had not made a decision not to inquire, or not to continue to inquire, into the complaint; and

   (c)   the appropriate Commissioner had not referred the complaint to the Commission.

(2)   On the starting day, the complaint is taken to have been referred to the President under section 46PC of the new HREOCA.

3F Commissioner decided to dismiss complaint

(1)   A complaint is treated in the way set out in subsection (2) if:

   (a)   before the starting day, the appropriate Commissioner decided not to inquire, or not to continue to inquire, into the complaint; and

   (b)   on the starting day, the complainant could have required the appropriate Commissioner to:

      (i)   refer the complaint to the President under section 71 of the old DDA if that section had not been repealed by this Act; or

      (ii)   refer the Commissioner's decision to the President, or refer the complaint to the Commission, under section 24 of the old RDA if that section had not been repealed by this Act; or

      (iii)   refer the Commissioner's decision to the President, or refer the complaint to Commission, under section 52 of the old SDA if that section had not been repealed by this Act.

(2)   On the starting day, the President is taken to have terminated the complaint under section 46PE of the new HREOCA.

Note:   The President is required to give a notice of termination of the complaint under section 3L of this Act.

3G Presidential review of Commissioner's decision to dismiss complaint

(1)   A complaint is treated in the way set out in subsection (2) if before the starting day:

   (a)   the appropriate Commissioner decided not to inquire, or not to continue to inquire, into the complaint; and

   (b)   the complainant required the appropriate Commissioner to refer the complaint, or the Commissioner's decision, to the President; and

   (c)   the President had not made a decision under whichever of the following sections is applicable:

      (i)   section 101 of the old DDA;

      (ii)   section 24AA of the old RDA;

      (iii)   section 52A of the old SDA.

(2)   On the starting day, the President is taken to have terminated the complaint under section 46PE of the new HREOCA.

Note:   The President is required to give a notice of termination of the complaint under section 3L of this Act.

3H Administrative review of President's decision

(1)   A complaint is treated in the way set out in subsection (2) if:

   (a)   before the starting day, the President made a decision in relation to the complaint under:

      (i)   section 101 of the old DDA; or

      (ii)   section 24AA of the old RDA; or

      (iii)   section 52A of the old SDA; and

   (b)   on or after the starting day, the Court makes an order under the Administrative Decisions (Judicial Review) Act 1977 to refer the matter to which the decision relates to the Commission for further consideration.

(2)   On the day the order is made, the President is taken to have terminated the complaint under section 46PE of the new HREOCA.

Note:   The President is required to give a notice of termination of the complaint under section 3L of this Act.

3J Complaint referred to Commission but inquiry not started

(1)   A complaint is treated in the way set out in subsection (2) if before the starting day:

   (a)   the appropriate Commissioner referred the complaint to the Commission; and

   (b)   a holding of an inquiry into the complaint had not started under the old DDA, old RDA or old SDA; and

   (c)   the complaint had not been withdrawn under whichever of the following sections is applicable:

      (i)   section 79 of the old DDA;

      (ii)   section 25A of the old RDA;

      (iii)   section 59 of the old SDA.

(2)   On the starting day, the President is taken to have terminated the complaint under section 46PE of the new HREOCA.

Note:   The President is required to give a notice of termination of the complaint under section 3L of this Act.

3K Inquiry started

(1)   A complaint is treated in the way set out in subsection (2) if before the starting day:

   (a)   a holding of an inquiry into the complaint had started under the old DDA, old RDA or old SDA; and

   (b)   the complaint had not been withdrawn under whichever of the following sections is applicable:

      (i)   section 79 of the old DDA;

      (ii)   section 25A of the old RDA;

      (iii)   section 59 of the old SDA.

(2)   The amendments made by Schedule 1 to this Act do not apply in relation to the complaint.

Subdivision B—Other rules about complaints lodged before starting day

3L Notice of termination

(1)   If the President is taken to have terminated a complaint under section 3F, 3G, 3H or 3J, then the President must notify the complainants in writing of the termination and the reasons for the termination.

(2)   Subsection (1) does not apply if all the complainants requested the appropriate Commissioner not to inquire into the complaint.

(3)   The President must give a person a copy of the notice that was given to the complainants under subsection (1) if:

   (a)   the person was a person on whose behalf the complaint was lodged; and

   (b)   the person requested the President for a copy of the notice.

(4)   The President is not required to notify any person under section 46PE of the new HREOCA.

3M Work done by Commissioner is taken to have been done by President

Any thing done, or information obtained, by the appropriate Commissioner in relation to a complaint that is referred to the President under section 3E is taken to have been done or obtained by the President.

3N Special rules apply to proceedings to enforce a determination

Sections 46PN, 46PO and 46PQ of the new HREOCA apply for the purposes of proceedings in the Court:

   (a)   for an order to enforce a determination in relation to a complaint; or

   (b)   for an order directing a Commonwealth agency (or the principal executive of a Commonwealth agency) to comply;

if the proceedings started on or after the starting day under:

   (c)   section 105A or 106F of the old DDA; or

   (d)   section 25ZC or 25ZI of the old RDA; or

   (e)   section 83A or 84F of the old SDA.

Division 3—Other transitional and application provisions

3P Protection from civil actions

The amendments made by items 28, 29, 76, 77, 110 and 111 of Schedule 1 do not apply to a complaint lodged before the starting day under the old DDA, old RDA or old SDA.

3Q Referrals under the old SDA

The amendments made by items 1, 2, 78, 79, 90, 92, 113, 114, 115 and 116 of Schedule 1 do not apply to a complaint lodged before the starting day under section 50A, 50C or 50E of the old SDA.

3R Inquiries started by Human Rights Commissioner

The amendment made by item 49 of Schedule 1 does not apply in relation to an inquiry that the Human Rights Commissioner started before the starting day.

3S When a person cannot lodge a complaint under the new HREOCA

A person cannot lodge a complaint under section 46P of the new HREOCA if:

   (a)   the person is a class member for a representative complaint in respect of the same subject matter; and

   (b)   a holding of an inquiry into the representative complaint had started under the old DDA, old RDA or old SDA.

(3)   Schedule 1, item 9, page 3 (lines 25 to 27), omit the item, substitute:

9 Paragraph 13(4)(b)

Omit "this Act", substitute "the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part 2 of this Act".

(4)   Schedule 1, item 10, page 4 (lines 1 to 3), omit the item, substitute:

10 Subsection 13(4)

Omit all the words after "institute a proceeding under", substitute "the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part 2 of this Act".

(5)   Schedule 1, item 11, page 4 (lines 4 to 6), omit the item, substitute:

11 At the end of paragraph 42(2)(a)

Add "or the Human Rights and Equal Opportunity Commission Act 1986 ".

(6)   Schedule 1, items 14 and 15, page 4 (lines 13 to 19), omit the items, substitute:

14 Paragraph 42(2)(d)

Omit all the words after "under", substitute "this Act or the Human Rights and Equal Opportunity Commission Act 1986 ".

15 Paragraph 42(2)(e)

Omit all the words after "witness", substitute "in a proceeding under this Act or the Human Rights and Equal Opportunity Commission Act 1986 ".

(7)   Schedule 1, page 5 (after line 6), after item 20, insert:

20A At the end of subsection 67(1)

Add:

Note:   For the provisions about inquiries into complaints of discrimination and conciliation of those complaints: see Part IIB of the Human Rights and Equal Opportunity Commission Act 1986 .

(8)   Schedule 1, item 31, page 6 (line 6), omit "After ", substitute "Before ".

(9)   Schedule 1, item 31, page 6 (line 8), omit "(3A)", substitute "(2B)".

(10)   Schedule 1, items 32 and 33, page 6 (lines 15 to 22), omit the items, substitute:

31A Subsection 18AB(3)

Before ", Rules", insert "or (2B)".

32 Subsection 18AB(6)

Before ", as if a reference", insert "or (2B)".

33 Subsection 18AB(7)

Before ", the Judicial Registrars", insert "or (2B)".

(11)   Schedule 1, item 51, page 10 (line 3), omit "section".

(12)   Schedule 1, item 62, page 27 (lines 14 to 16), omit the item, substitute:

62 Paragraph 6A(2)(b)

Omit "this Act", substitute "the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part II or IIA of this Act".

(13)   Schedule 1, item 63, page 27 (lines 17 to 19), omit the item, substitute:

63 Subsection 6A(2)

Omit "this Act in respect of that act or omission", substitute "the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part II or IIA of this Act".

(14)   Schedule 1, page 28 (after line 6), after item 67, insert:

67A At the end of subsection 20(1)

Add:

Note:   For the provisions about inquiries into complaints of discrimination and conciliation of those complaints: see Part IIB of the Human Rights and Equal Opportunity Commission Act 1986 .

(15)   Schedule 1, item 71, page 28 (lines 13 to 15), omit the item, substitute:

71 At the end of paragraph 27(2)(e)

Add "or the Human Rights and Equal Opportunity Commission Act 1986 ".

(16)   Schedule 1, item 73, page 28 (lines 19 to 21), omit the item, substitute:

73 Paragraph 27(2)(g)

Omit all the words after "conference", substitute "held under this Act or the Human Rights and Equal Opportunity Commission Act 1986 ".

(17)   Schedule 1, item 84, page 29 (line 26) to page 30 (line 2), omit the item, substitute:

84 Paragraph 10(4)(b)

Omit "this Act", substitute "the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part II of this Act".

(18)   Schedule 1, item 85, page 30 (lines 3 to 5), omit the item, substitute:

85 Subsection 10(4)

Omit all the words after "institute a proceeding under", substitute "the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part II of this Act".

(19)   Schedule 1, items 86 and 87, page 30 (lines 6 to 11), omit the items, substitute:

86 Paragraph 11(4)(b)

Omit "this Act", substitute "the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part II of this Act".

87 Subsection 11(4)

Omit all the words after "institute a proceeding under", substitute "the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part II of this Act".

(20)   Schedule 1, page 30 (after line 19), after item 90, insert:

90A At the end of subsection 48(1)

Add:

Note:   For the provisions about inquiries into complaints of discrimination and conciliation of those complaints: see Part IIB of the Human Rights and Equal Opportunity Commission Act 1986 .

(21)   Schedule 1, item 102, page 31 (lines 21 to 23), omit the item, substitute:

102 At the end of paragraph 94(2)(a)

Add "or the Human Rights and Equal Opportunity Commission Act 1986 ".

(22)   Schedule 1, items 105 and 106, page 32 (lines 3 to 9), omit the items, substitute:

105 Paragraph 94(2)(d)

Omit all the words after "under", substitute "this Act or the Human Rights and Equal Opportunity Commission Act 1986 ".

106 Paragraph 94(2)(e)

Omit all the words after "witness", substitute "in a proceeding under this Act or the Human Rights and Equal Opportunity Commission Act 1986 ".

These amendments provide for transitional arrangements for complaints which have been lodged with the commission but which will not have been completed at the commencement of the new legislation. In summary, the transitional arrangements provide that a complaint which has progressed through the initial inquiry and conciliation stage and has commenced a substantive hearing with the commission will remain to be determined under the existing law. All complaints which have not commenced a substantive hearing prior to the commencement of the new law will be transferred to the new regime at the appropriate stage in the process.

The transitional arrangements have been developed in such a way as to minimise the impact on parties who have reached significant stages in the existing complaints process, while also taking into account the need to address the problems highlighted in the High Court's decision in Brandy and the Human Rights and Equal Opportunity Commission. In addition, the government amendments include a number of minor consequential amendments and savings provisions which either supplement or make corrections to the original bill. I present the supplementary explanatory memorandum in relation to the amendments.

Amendments agreed to.

Bill, as amended, agreed to.