Mr WILLIAMS (Attorney-General) (11:42 AM) —The government does not support these amendments. They are inconsistent with government policy that only persons affected by discrimination should be eligible to make an application to the Federal Court. Such an approach also fails to recognise that, in certain circumstances, an affected person will have legitimate reasons for not wishing to pursue a case. The amendment would also permit a backdoor form of legal aid, and appears to presume direct access to the Federal Court and an ongoing role in complaint handling for commissioners.

The Evidence Act 1995 provides a proper framework for the reception of evidence with adequate capacity for the court to dispense with particular rules in appropriate circumstances. Additionally, the Federal Court rules also address many circumstances in which it may be appropriate for the court to exclude the operation of some of the rules of evidence of the current legislation. Only the Sex Discrimination Act includes a power to refer.

References may be made of discriminatory awards and agreements to the Australian Industrial Relations Commission, and discriminatory determinations can be referred to the Remuneration Tribunal or the Defence Force Remuneration Tribunal. This arises under sections 50A to F of the Sex Discrimination Act. The bill maintains the referral power in relation to such complaints. It does not extend the power to complaints of racial or disability discrimination. The government has been advised that this mechanism has rarely been utilised in the existing regime and is not satisfied that there is a demonstrated need for the proposed extension to other areas.

Amendments negatived.