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HUMAN RIGHTS LEGISLATION AMENDMENT BILL 1994 [1995]

Order of the day read for the adjourned debate on the motion of the

Minister for the Environment, Sport and Territories (Senator

Faulkner)--That this bill be now read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the

bill.

In the committee

Bill, taken as a whole, by leave.

Explanatory memorandum: The Minister for Small Business, Customs and

Construction (Senator Schacht) tabled a supplementary explanatory

memorandum relating to the Government amendments to be moved to the

bill.

Senator Schacht moved the following amendments together by leave:

Schedule, page 3, before Part 1 insert the following Part:

"PART 1A--AMENDMENTS OF THE DISABILITY DISCRIMINATION

ACT 1992, THE PRIVACY ACT 1988, THE RACIAL

DISCRIMINATION ACT 1975 AND THE SEX DISCRIMINATION

ACT 1984 RELATING TO ENFORCEMENT OF DETERMINATIONS

Disability Discrimination Act 1992

1A. Sections 104A, 104B and 104C:

Repeal the sections.

1B. Section 106:

Repeal the section, substitute:

"Division 3A--Enforcement of determinations involving

respondents other than Commonwealth agencies

"Subdivision A--Determinations made after commencement of Division

Proceedings in the Federal Court to enforce a determination

"105A.(1) The Commission, the complainant, or a person acting on

behalf of the complainant, may commence proceedings in the Federal

Court for an order to enforce a determination made under subsection

102(1) or 103(1) after the commencement of this Division, except where

the respondent to the determination is a Commonwealth agency or the

principal executive of a Commonwealth agency.

"(2) If the Court is satisfied that the respondent has engaged in

conduct or committed an act that is unlawful under this Act, the Court

may make such orders (including a declaration of right) as it thinks

fit.

"(3) The Court may, if it thinks fit, grant an interim injunction

pending the determination of the proceedings.

"(4) The Court is not to require a person, as a condition of granting

an interim injunction, to give an undertaking as to damages.

"(5) In the proceedings, the question whether the respondent has

engaged in conduct or committed an act that is unlawful under this Act

is to be dealt with by the Court by way of a hearing de novo, but the

Court may receive as evidence any of the following:

(a) a copy of the Commission's written reasons for the

determination;

(b) a copy of any document that was before the Commission;

(c) a copy of the record (including any tape recording) of the

Commission's inquiry into the complaint.

"(6) In this section:

"complainant", in relation to a representative complaint, means any of

the class members.

Assistance in proceedings before the Federal Court

"105B.(1) A person who:

(a) has commenced or proposes to commence proceedings in the Federal

Court under section 105A; or

(b) has done or is alleged to have done an act in respect of which

proceedings have been commenced in the Federal Court under

section 105A;

may apply to the Attorney-General for the provision of assistance under

this section in respect of the proceedings.

"(2) If:

(a) an application is made by a person under subsection (1); and

(b) the Attorney-General is satisfied that:

(i) it will involve hardship to that person to refuse the

application; and

(ii) in all the circumstances, it is reasonable to grant the

application;

the Attorney-General may authorise the provision by the Commonwealth to

that person, on such conditions (if any) as the Attorney-General

determines, of such legal or financial assistance in respect of the

proceedings as the Attorney-General determines.

"Subdivision B--Determinations made from 1 March 1993 to

commencement of Division

Interpretation

"105C. In this Subdivision:

"recovery proceedings", in relation to a Subdivision B determination,

means proceedings before any court in which the respondent to the

determination is seeking to recover an amount, or is seeking some other

remedy, in respect of money paid, or conduct engaged in or not engaged

in, by the respondent pursuant to the determination;

"Subdivision B determination" means a determination made under

subsection 102(1) or 103(1) during the period starting on 1 March 1993

and ending on the commencement of this Division, except where the

respondent to the determination is a Commonwealth agency or the

principal executive of a Commonwealth agency.

Proceedings in the Federal Court in relation to a Subdivision B

determination

"105D.(1) A person referred to in subsection (2) may commence

proceedings in the Federal Court for an order under this section in

relation to a Subdivision B determination.

"(2) The following persons may commence proceedings under subsection

(1):

(a) the Commission;

(b) the complainant;

(c) a person acting on behalf of the complainant;

(d) the respondent to the determination.

"(3) The Court must consider whether the respondent to the

determination has engaged in conduct or committed an act that is

unlawful under this Act, and may, subject to subsection (4), make such

orders (including a declaration of right) as it thinks fit.

"(4) In deciding what orders to make under subsection (3), the Court

must take into account:

(a) any money paid, or conduct engaged in or not engaged in, by the

respondent to the determination pursuant to the determination;

and

(b) the outcome of any recovery proceedings in relation to the

determination.

"(5) The Court may, if it thinks fit, grant an interim injunction

pending the determination of the proceedings.

"(6) The Court is not to require a person, as a condition of granting

an interim injunction, to give an undertaking as to damages.

"(7) In the proceedings, the question whether the respondent has

engaged in conduct or committed an act that is unlawful under this Act

is to be dealt with by the Court by way of a hearing de novo, but the

Court may receive as evidence any of the following:

(a) a copy of the Commission's written reasons for the

determination;

(b) a copy of any document that was before the Commission;

(c) a copy of the record (including any tape recording) of the

Commission's inquiry into the complaint.

"(8) In this section:

"complainant", in relation to a representative complaint, means any of

the class members.

Federal Court may vary order made under section 105D if a court

determines recovery proceedings

"105E.(1) If:

(a) the Federal Court makes an order under subsection 105D(3) in

relation to a Subdivision B determination; and

(b) after the Federal Court makes the order, a court makes an order

determining recovery proceedings in relation to the

determination;

the person against whom the recovery proceedings were commenced may

apply to the Federal Court for a variation of the order it made under

subsection 105D(3).

"(2) The Court may vary the order it made if it thinks it appropriate

to do so having regard to its reasons for making that order and to the

order made in the recovery proceedings.

Assistance in proceedings before the Federal Court

"105F.(1) A person who is a party to proceedings in the Federal Court

under this Subdivision, or who proposes to commence such proceedings,

may apply to the Attorney-General for the provision of assistance

under this section in respect of the proceedings.

"(2) If:

(a) an application is made by a person under subsection (1); and

(b) the Attorney-General is satisfied that, in all the

circumstances, it is reasonable to grant the application;

the Attorney-General may authorise the provision by the Commonwealth to

that person, on such conditions (if any) as the Attorney-General

determines, of such legal or financial assistance in respect of the

proceedings as the Attorney-General determines.

Subdivision does not create right for respondent to determination to

commence proceedings

"106. This Subdivision (except section 105D) does not create, and is

not to be taken to create, any right of action in favour of the

respondent to a Subdivision B determination.'.

Privacy Act 1988

1C. Division 3 of Part V:

Repeal the Division, substitute:

"Division 3--Enforcement of determinations involving

respondents other than Commonwealth agencies

Application of Division

"54.(1) This Division applies to a determination made under section 52

after the commencement of this Division, except where the respondent

to the determination is an agency or the principal executive of an

agency.

"(2) In this section:

"agency" does not include an eligible case manager.

Proceedings in the Federal Court to enforce a determination

"55.(1) The Commissioner or the complainant may commence proceedingsin

the Federal Court for an order to enforce a determination to which

this Division applies.

"(2) If the Court is satisfied that the respondent has engaged in

conduct that constitutes an interference with the privacy of the

complainant,the Court may make such orders (including a declaration of

right) as it thinks fit.

"(3) The Court may, if it thinks fit, grant an interim injunction

pending the determination of the proceedings.

"(4) The Court is not to require a person, as a condition of granting

an interim injunction, to give an undertaking as to damages.

"(5) In the proceedings, the question whether the respondent has

engaged in conduct that constitutes an interference with the privacy

of the complainant is to be dealt with by the Court by way of a

hearing de novo, but the Court may receive as evidence any of the

following:

(a) a copy of the Commissioner's written reasons for the

determination;

(b) a copy of any document that was before the Commissioner;

(c) a copy of a record (including any tape recording) of any

appearance before the Commissioner (including any oral

submissions made) pursuant to subsection 43(5).

"(6) In this section:

"complainant", in relation to a representative complaint, means any of

the class members.'.

1D. Subsection 63(2):

Omit the subsection, substitute:

"(2) A person who:

(a) has commenced or proposes to commence proceedings in the Federal

Court under section 55; or

(b) has engaged in conduct or is alleged to have engaged in conduct

in respect of which proceedings have been commenced in the

Federal Court under section 55;

may apply to the Attorney-General for the provision of assistance under

this section in respect of the proceedings.'.

Racial Discrimination Act 1975

1E. Sections 25ZAA, 25ZAB and 25ZAC:

Repeal the sections.

1F. Section 25ZC:

Repeal the section, substitute:

"Division 3A--Enforcement of determinations involving

respondents other than Commonwealth agencies

"Subdivision A--Determinations made after commencement of Division

Proceedings in the Federal Court to enforce a determination

"25ZC.(1) The Commission, the complainant, or a trade union acting on

behalf of the complainant, may commence proceedings in the Federal

Court for an order to enforce a determination made under subsection

25Y(1) or 25Z(1) after the commencement of this Division, except where

the respondent to the determination is a Commonwealth agency or the

principal executive of a Commonwealth agency.

"(2) If the Court is satisfied that the respondent has engaged in

conduct or committed an act that is unlawful under this Act, the Court

may make such orders (including a declaration of right) as it thinks

fit.

"(3) The Court may, if it thinks fit, grant an interim injunction

pending the determination of the proceedings.

"(4) The Court is not to require a person, as a condition of granting

an interim injunction, to give an undertaking as to damages.

"(5) In the proceedings, the question whether the respondent has

engaged in conduct or committed an act that is unlawful under this Act

is to be dealt with by the Court by way of a hearing de novo, but the

Court may receive as evidence any of the following:

(a) a copy of the Commission's written reasons for the

determination;

(b) a copy of any document that was before the Commission;

(c) a copy of the record (including any tape recording) of the

Commission's inquiry into the complaint.

"(6) In this section:

"complainant":

(a) in relation to a representative complaint--means any of the

class members; and

(b) in relation to a complaint made by a trade union on behalf of a

person, not being a representative complaint--means the person

on whose behalf the complaint was made;

"trade union" has the same meaning as in section 22.

Assistance in proceedings before the Federal Court

"25ZCA.(1) A person who:

(a) has commenced or proposes to commence proceedings in the Federal

Court under section 25ZC; or

(b) has done or is alleged to have done an act in respect of which

proceedings have been commenced in the Federal Court under

section 25ZC;

may apply to the Attorney-General for the provision of assistance under

this section in respect of the proceedings.

"(2) If:

(a) an application is made by a person under subsection (1); and

(b) the Attorney-General is satisfied that:

(i) it will involve hardship to that person to refuse the

application; and

(ii) in all the circumstances, it is reasonable to grant the

application;

the Attorney-General may authorise the provision by the Commonwealth to

that person, on such conditions (if any) as the Attorney-General

determines, of such legal or financial assistance in respect of the

proceedings as the Attorney-General determines.

"Subdivision B--Determinations made from 13 January 1993 to

commencement of Division

Interpretation

"25ZCB. In this Subdivision:

"recovery proceedings", in relation to a Subdivision B determination,

means proceedings before any court in which the respondent to the

determination is seeking to recover an amount, or is seeking some other

remedy, in respect of money paid, or conduct engaged in or not engaged

in, by the respondent pursuant to the determination;

"Subdivision B determination" means a determination made under

subsection 25Y(1) or 25Z(1) during the period starting on 13 January

1993 and ending on the commencement of this Division, other than a

determination made in that period pursuant to a representative complaint

lodged before 13 January 1993, except where the respondent to the

determination is a Commonwealth agency or the principal executive of a

Commonwealth agency.

Proceedings in the Federal Court in relation to a Subdivision B

determination

"25ZCC.(1) A person referred to in subsection (2) may commence

proceedings in the Federal Court for an order under this section in

relation to a Subdivision B determination.

"(2) The following persons may commence proceedings under subsection

(1):

(a) the Commission;

(b) the complainant;

(c) a trade union acting on behalf of the complainant;

(d) the respondent to the determination.

"(3) The Court must consider whether the respondent to the

determination has engaged in conduct or committed an act that is

unlawful under this Act, and may, subject to subsection (4), make such

orders (including a declaration of right) as it thinks fit.

"(4) In deciding what orders to make under subsection (3), the Court

must take into account:

(a) any money paid, or conduct engaged in or not engaged in, by the

respondent to the determination pursuant to the determination;

and

(b) the outcome of any recovery proceedings in relation to the

determination.

"(5) The Court may, if it thinks fit, grant an interim injunction

pending the determination of the proceedings.

"(6) The Court is not to require a person, as a condition of granting

an interim injunction, to give an undertaking as to damages.

"(7) In the proceedings, the question whether the respondent has

engaged in conduct or committed an act that is unlawful under this Act

is to be dealt with by the Court by way of a hearing de novo, but the

Court may receive as evidence any of the following:

(a) a copy of the Commission's written reasons for the

determination;

(b) a copy of any document that was before the Commission;

(c) a copy of the record (including any tape recording) of the

Commission's inquiry into the complaint.

"(8) In this section:

"complainant":

(a) in relation to a representative complaint--means any of the

class members; and

(b) in relation to a complaint made by a trade union on behalf of a

person, not being a representative complaint--means the person

on whose behalf the complaint was made;

"trade union" has the same meaning as in section 22.

Federal Court may vary order made under section 25ZCC if a court

determines recovery proceedings

"25ZCD.(1) If:

(a) the Federal Court makes an order under subsection 25ZCC(3) in

relation to a Subdivision B determination; and

(b) after the Federal Court makes the order, a court makes an order

determining recovery proceedings in relation to the

determination;

the person against whom the recovery proceedings were commenced may

apply to the Federal Court for a variation of the order it made under

subsection 25ZCC(3).

"(2) The Court may vary the order it made if it thinks it appropriate

to do so having regard to its reasons for making that order and to the

order made in the recovery proceedings.

Assistance in proceedings before the Federal Court

"25ZCE.(1) A person who is a party to proceedings in the Federal Court

under this Subdivision, or who proposes to commence such proceedings,

may apply to the Attorney-General for the provision of assistance

under this section in respect of the proceedings.

"(2) If:

(a) an application is made by a person under subsection (1); and

(b) the Attorney-General is satisfied that, in all the

circumstances, it is reasonable to grant the application;

the Attorney-General may authorise the provision by the Commonwealth to

that person, on such conditions (if any) as the Attorney-General

determines, of such legal or financial assistance in respect of the

proceedings as the Attorney-General determines.

Subdivision does not create right for respondent to determination to

commence proceedings

"25ZCF. This Subdivision (except section 25ZCC) does not create, and

is not to be taken to create, any right of action in favour of the

respondent to a Subdivision B determination.'.

Sex Discrimination Act 1984

1G. Sections 82A, 82B and 82C:

Repeal the sections.

1H. Section 84:

Repeal the section, substitute:

"Division 3A--Enforcement of determinations involving

respondents other than Commonwealth agencies

"Subdivision A--Determinations made after commencement of Division

Proceedings in the Federal Court to enforce a determination

"83A.(1) The Commission, the complainant, or a trade union acting on

behalf of the complainant, may commence proceedings in the Federal

Court for an order to enforce a determination made under subsection

80(1) or 81(1) after the commencement of this Division, except where

the respondent to the determination is a Commonwealth agency or the

principal executive of a Commonwealth agency.

"(2) If the Court is satisfied that the respondent has engaged in

conduct or committed an act that is unlawful under this Act, the Court

may make such orders (including a declaration of right) as it thinks

fit.

"(3) The Court may, if it thinks fit, grant an interim injunction

pending the determination of the proceedings.

"(4) The Court is not to require a person, as a condition of granting

an interim injunction, to give an undertaking as to damages.

"(5) In the proceedings, the question whether the respondent has

engaged in conduct or committed an act that is unlawful under this

Act, is to be dealt with by the Court by way of a hearing de novo, but

the Court may receive as evidence any of the following:

(a) a copy of the Commission's written reasons for the

determination;

(b) a copy of any document that was before the Commission;

(c) a copy of the record (including any tape recording) of the

Commission's inquiry into the complaint.

"(6) In this section:

"complainant":

(a) in relation to a representative complaint--means any of the

class members; and

(b) in relation to a complaint made by a trade union on behalf of a

person, not being a representative complaint--means the person

on whose behalf the complaint was made;

"trade union" has the same meaning as in section 50.

Assistance in proceedings before the Federal Court

"83B.(1) A person who:

(a) has commenced or proposes to commence proceedings in the Federal

Court under section 83A; or

(b) has done or is alleged to have done an act in respect of which

proceedings have been commenced in the Federal Court under

section 83A;

may apply to the Attorney-General for the provision of assistance under

this section in respect of the proceedings.

"(2) If:

(a) an application is made by a person under subsection (1); and

(b) the Attorney-General is satisfied that:

(i) it will involve hardship to that person to refuse the

application; and

(ii) in all the circumstances, it is reasonable to grant the

application;

the Attorney-General may authorise the provision by the Commonwealth to

that person, on such conditions (if any) as the Attorney-General

determines, of such legal or financial assistance in respect of the

proceedings as the Attorney-General determines.

"Subdivision B--Determinations made from 13 January 1993 to

commencement of Division

Interpretation

"83C. In this Subdivision:

"recovery proceedings", in relation to a Subdivision B determination,

means proceedings before any court in which the respondent to the

determination is seeking to recover an amount, or is seeking some other

remedy, in respect of money paid, or conduct engaged in or not engaged

in, by the respondent pursuant to the determination;

"Subdivision B determination" means a determination made under

subsection 80(1) or 81(1) during the period starting on 13 January 1993

and ending on the commencement of this Division, other than a

determination made in that period pursuant to a representative complaint

lodged before 13 January 1993, except where the respondent to the

determination is a Commonwealth agency or the principal executive of a

Commonwealth agency.

Proceedings in the Federal Court in relation to a Subdivision B

determination

"83D.(1) A person referred to in subsection (2) may commence

proceedings in the Federal Court for an order under this section in

relation to a Subdivision B determination.

"(2) The following persons may commence proceedings under subsection

(1):

(a) the Commission;

(b) the complainant;

(c) a trade union acting on behalf of the complainant;

(d) the respondent to the determination.

"(3) The Court must consider whether the respondent to the

determination has engaged in conduct or committed an act that is

unlawful under this Act, and may, subject to subsection (4), make such

orders (including a declaration of right) as it thinks fit.

"(4) In deciding what orders to make under subsection (3), the Court

must take into account:

(a) any money paid, or conduct engaged in or not engaged in, by the

respondent to the determination pursuant to the determination;

and

(b) the outcome of any recovery proceedings in relation to the

determination.

"(5) The Court may, if it thinks fit, grant an interim injunction

pending the determination of the proceedings.

"(6) The Court is not to require a person, as a condition of granting

an interim injunction, to give an undertaking as to damages.

"(7) In the proceedings, the question whether the respondent has

engaged in conduct or committed an act that is unlawful under this Act

is to be dealt with by the Court by way of a hearing de novo, but the

Court may receive as evidence any of the following:

(a) a copy of the Commission's written reasons for the

determination;

(b) a copy of any document that was before the Commission;

(c) a copy of the record (including any tape recording) of the

Commission's inquiry into the complaint.

"(8) In this section:

"complainant":

(a) in relation to a representative complaint--means any of the

class members; and

(b) in relation to a complaint made by a trade union on behalf of a

person, not being a representative complaint--means the person

on whose behalf the complaint was made;

"trade union" has the same meaning as in section 50.

Federal Court may vary order made under section 83D if a court

determines recovery proceedings

"83E.(1) If:

(a) the Federal Court makes an order under subsection 83D(3) in

relation to a Subdivision B determination; and

(b) after the Federal Court makes the order, a court makes an order

determining recovery proceedings in relation to the

determination;

the person against whom the recovery proceedings were commenced may

apply to the Federal Court for a variation of the order it made under

subsection 83D(3).

"(2) The Court may vary the order it made if it thinks it appropriate

to do so having regard to its reasons for making that order and to the

order made in the recovery proceedings.

Assistance in proceedings before the Federal Court

"83F.(1) A person who is a party to proceedings in the Federal Court

under this Subdivision, or who proposes to commence such proceedings,

may apply to the Attorney-General for the provision of assistance

under this section in respect of the proceedings.

"(2) If:

(a) an application is made by a person under subsection (1); and

(b) the Attorney-General is satisfied that, in all the

circumstances, it is reasonable to grant the application;

the Attorney-General may authorise the provision by the Commonwealth to

that person, on such conditions (if any) as the Attorney-General

determines, of such legal or financial assistance in respect of the

proceedings as the Attorney-General determines.

Subdivision does not create right for respondent to determination to

commence proceedings

"84. This Subdivision (except section 83D) does not create, and is not

to be taken to create, any right of action in favour of the respondent

to a Subdivision B determination.'.".

Schedule, page 5, after item 7 insert the following item:

"7A. After subsection 19(2):

Insert:

"(3) Subject to subsection (4), the President may, by signed writing,

delegate to:

(a) a member of the Commission; or

(b) a person who holds an appointment under subsection 24F(1) of the

Racial Discrimination Act 1975, subsection 57A(1) of the Sex

Discrimination Act 1984 or subsection 77(1) of the Disability

DiscriminationAct 1992;

all or any of the President's powers under the Racial Discrimination Act

1975, the Sex Discrimination Act 1984 or the Disability Discrimination

Act 1992.

"(4) Subsection (3) does not apply to the President's powers under:

(a) sections 24AB and 25Y of the Racial Discrimination Act 1975; or

(b) sections 52B and 80 of the Sex Discrimination Act 1984; or

(c) section 102 of the Disability Discrimination Act 1992.'.".

Schedule, page 6, heading to Part 2, omit the heading, substitute the

following heading:

"PART 2--OTHER AMENDMENTS".

Senator Chamarette moved the following amendments to Senator Schacht's

proposed amendments together by leave:

Proposed amendments of the Disability Discrimination Act 1992, before

item 1A insert the following items:

"1AA. Subsection 76(1):

Omit all words after paragraph (c), substitute:

"the Commissioner shall, with the consent of the complainant, refer the

matter to the Commission, together with a report relating to any

inquiries made by the Commissioner into the matter.'.

1AB. After section 76:

Insert the following Division before Division 3:

"Division 3AA--Complainant proceedings in the Federal Court

Complainant proceedings in the Federal Court

"76A.(1) If a complainant does not consent to a matter being referred

to the Commission the complainant or a trade union acting on behalf of

the complainant may commence proceedings in the Federal Court for an

order in relation to the matter.

"(2) If such proceedings are commenced the Commission must provide the

complainant or trade union, and the court with a copy of the report

referred to in section 76.

"(3) So far as is practicable, and with all necessary

modifications,subsections 105A(2), (3), (4), (5) and (6) and section

105B of this Act apply to proceedings referred to in subsection (1) in

the same manner as they apply to proceedings referred to in subsection

105A(1).

"(4) This section applies to complaints made after the commencement of

this Division.'.".

Proposed amendments of the Racial Discrimination Act 1975, before item

1E insert the following items:

"1EA. Subsection 24E(1):

Omit all words after paragraph (c), substitute:

"the Commissioner shall, with the consent of the complainant, refer the

matter to the Commission, together with a report relating to any

inquiries made by the Commissioner into the matter.'.

1EB. After section 24E:

Insert the following Division before Division 3:

"Division 3AA--Complainant proceedings in the Federal Court

Complainant proceedings in the Federal Court

"24EA.(1) If a complainant does not consent to a matter being referred

to the Commission the complainant or a trade union acting on behalf of

the complainant may commence proceedings in the Federal Court for an

order in relation to the matter.

"(2) If such proceedings are commenced the Commission must provide the

complainant or trade union, and the court with a copy of the report

referred to in section 24E.

"(3) So far as is practicable, and with all necessary

modifications,subsections 25ZC(2), (3), (4), (5) and (6) and section

25ZCA of this Act apply to proceedings referred to in subsection (1)

in the same manner as they apply to proceedings referred to in

subsection 25ZC(1).

"(4) This section applies to complaints made after the commencement of

this Division.'.".

Proposed amendments of the Sex Discrimination Act 1984, before item 1G

insert the following items:

"1GA. Subsection 57(1):

Omit all words after paragraph (c), substitute:

"the Commissioner shall, with the consent of the complainant, refer the

matter to the Commission, together with a report relating to any

inquiries made by the Commissioner into the matter.'.

1GB. After section 57:

Insert the following Division before Division 3:

"Division 3AA--Complainant proceedings in the Federal Court

Complainant proceedings in the Federal Court

"57A.(1) If a complainant does not consent to a matter being referred

to the Commission the complainant or a trade union acting on behalf of

the complainant may commence proceedings in the Federal Court for an

order in relation to the matter.

"(2) If such proceedings are commenced the Commission must provide the

complainant or trade union, and the court with a copy of the report

referred to in section 57.

"(3) So far as is practicable, and with all necessary

modifications,subsections 83A(2), (3), (4), (5) and (6) and section

83B of this Act apply to proceedings referred to in subsection (1) in

the same manner as they apply to proceedings referred to in subsection

83A(1).

"(4) This section applies to complaints made after the commencement of

this Division.'.".

Debate ensued.

Question--That Senator Chamarette's amendments to Senator Schacht's

proposed amendments be agreed to--put and negatived.

Debate continued.

Question--That the amendments be agreed to--put and passed.

Senator Chamarette moved the following amendment:

After clause 2, page 2, insert the following clause:

"2A.(1) The amendments made by Part 1A of the Schedule cease to have

effect:

(a) on the commencement of an enactment implementing the

recommendations of the Basten Committee; or

(b) on the commencement of an enactment creating:

(i) a federal court known as the Human Rights Court; or

(ii) a Division of the Federal Court known as the Human Rights

Division;

in which simplified proceedings may be commenced for an order to

enforce a determination of the Commission referred to in those

amendments; or

(c) on 1 September 1996;

whichever is the soonest.

"(2) In this section:

"Basten Committee' means the committee of inquiry, established by the

Attorney-General and chaired by Mr John Basten S.C., to make

recommendations in response to the decision of the High Court in Harry

Brandy v Human Rights and Equal Opportunity Commission and Others (23

February 1995);

"Federal Court' means the court created by the Federal Court of

Australia Act 1976;

"simplified proceedings' means proceedings in which the Human Rights

Court or the Federal Court, as the case may be, is not bound by the

rules of evidence and which, within the discretion of the court, are

conducted with as little formality and technicality, and as much

expedition, as is permitted by the requirements of fairness and justice,

and the requirements of the enactment (if any) referred to in paragraph

(1)(a).".

Debate ensued.

Question--That the amendment be agreed to--put and negatived.

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Deputy President (Senator Reid) resumed the Chair and the Temporary

Chairman of Committees (Senator Chapman) reported accordingly.

On the motion of Senator Schacht the report from the committee was

adopted and the bill read a third time.