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Human Rights Legislation Amendment Bill (No. 2) 1999
Schedule 1 The Human Rights and Equal Opportunity Commission

Part 1 Human Rights and Equal Opportunity Commission Act 1986

Note:       For a further amendment of this Act, see Part 2 of Schedule 2.

1  Title

Omit “ Equal Opportunity ” (first occurring), substitute “ Responsibilities ”.

2  Section 1

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

3  Subsection 3(1) (definition of appointed member )

Repeal the definition.

4  Subsection 3(1) (definition of Commission )

Omit “Equal Opportunity”, substitute “Responsibilities”.

5  Subsection 3(1)

Insert:

Deputy President means a Deputy President of the Commission.

6  Subsection 3(1) (definition of Disability Discrimination Commissioner )

Repeal the definition.

7  Subsection 3(1) (definition of member )

Repeal the definition.

8  Subsection 3(1) (definition of Race Discrimination Commissioner )

Repeal the definition.

9  Subsection 3(1) (definition of Sex Discrimination Commissioner )

Repeal the definition.

10  Part II (heading)

Repeal the heading, substitute:

Part II Human Rights and Responsibilities Commission

11  Subsection 7(1)

Omit “Equal Opportunity”, substitute “Responsibilities”.

Note:       The heading to section 7 is altered by omitting “ Equal Opportunity ” and substituting “ Responsibilities ”.

12  Subsection 8(1)

Repeal the subsection, substitute:

             (1)  The Commission consists of the following members:

                     (a)  a President; and

                     (b)  a Deputy President responsible for human rights and disability discrimination; and

                     (c)  a Deputy President responsible for racial discrimination and social justice; and

                     (d)  a Deputy President responsible for sex discrimination and equal opportunity.

13  After subsection 8(1)

Insert:

          (1A)  The Privacy Commissioner is a member of the Commission until the Privacy Amendment (Office of the Privacy Commissioner) Act 1999 commences.

14  Subsection 8(6)

Omit “31(b)”, substitute “31(1)(b)”.

15  Subsection 8(6)

Omit “31(k)”, substitute “31(1)(k)”.

16  Subsection 8(7)

Omit all the words after “office of”, substitute “the President or a Deputy President or of the Privacy Commissioner”.

17  Subsection 8(7)

Omit all the words after “office of”, substitute “the President or a Deputy President”.

18  Subsection 8B(1)

Omit “The Human Rights Commissioner”, substitute “Each Deputy President”.

Note:       The heading to section 8B is replaced by the heading “ The Deputy Presidents ”.

19  Subsection 8B(2)

Omit “the Human Rights Commissioner”, substitute “a Deputy President”.

20  Before paragraph 11(1)(a)

Insert:

                  (aaa)  to promote an understanding and acceptance, and the public discussion, of human rights in Australia and of the responsibility of persons and organisations to respect those rights;

                  (aab)  to disseminate information on human rights and on the responsibility of persons and organisations to respect those rights;

                  (aac)  to undertake research and educational programs and other programs, on behalf of the Commonwealth, for the purpose of promoting human rights, and to co-ordinate any such programs undertaken by any other persons or authorities on behalf of the Commonwealth;

                  (aad)  to prepare, and to publish in the manner the Commission considers appropriate, guidelines for avoiding acts or practices of a kind in respect of which the Commission has a function under paragraph (f);

21  Paragraph 11(1)(a)

After “by”, insert “the Disability Discrimination Act 1992 ,”.

22  Paragraph 11(1)(d)

Omit “section 31”, substitute “subsection 31(1)”.

23  Paragraphs 11(1)(g), (h) and (n)

Repeal the paragraphs.

24  At the end of section 11

Add:

             (5)  Before the Commission seeks leave to intervene in proceedings as mentioned in paragraph (1)(o), the Commission must give the Attorney-General written notice of the Commission’s intention to do so together with a statement of why the Commission considers it appropriate to intervene. The notice must be given at a time when there is still a reasonable period before the intervention is to take place.

25  Section 17

Repeal the section.

26  At the end of subsections 19(1) and (2)

Add “or any other law”.

27  Subsections 19(2A) and (2B)

Repeal the subsections, substitute:

          (2A)  Subsection (2) does not allow the President to delegate to another member of the Commission:

                     (a)  any of the President’s powers under Part IIB or IIC; or

                     (b)  any of the President’s powers relating to functions of the Commission under paragraphs 11(1)(f) and 11(1)(p) that are to be performed by the President because of subsection 8(6); or

                     (c)  any of the President’s powers relating to functions of the Commission under paragraphs 31(1)(b) and 31(1)(k) that are to be performed by the President because of subsection 8(6).

28  After subsection 19(2C)

Insert:

             (3)  To avoid doubt, subsection 8(1) does not limit the ability of the Commission or the President to delegate under this section powers to a member of the Commission.

29  Subsection 19(6)

Repeal the subsection.

30  Subsection 24(1A)

Omit “Aboriginal and Torres Strait Islander Social Justice Commissioner”, substitute “Commission”.

31  Subsection 24(1A)

After “Part IIA”, insert “(relating to Aboriginal persons and Torres Strait Islanders)”.

32  Paragraph 29(2)(c)

Repeal the paragraph, substitute:

                     (c)  may include in the notice any recommendation by the Commission that action (other than the payment of compensation or damages to any person) be taken to remedy or reduce loss or damage suffered by a person as a result of the act or practice; and

33  Before paragraph 31(a)

Insert:

                    (aa)  to promote an understanding and acceptance, and the public discussion, of equality of opportunity and treatment in employment and occupation in Australia and of the responsibility of persons and organisations to respect that equality;

                    (ab)  to disseminate information on equality of opportunity and treatment in employment and occupation and on the responsibility of persons and organisations to respect that equality;

                    (ac)  to undertake research and educational programs and other programs, on behalf of the Commonwealth, for the purpose of promoting that equality, and to co-ordinate any such programs undertaken by any other persons or authorities on behalf of the Commonwealth;

                    (ad)  to prepare, and to publish in the manner the Commission considers appropriate, guidelines for avoiding acts or practices of a kind in respect of which the Commission has a function under paragraph (b);

34  Paragraphs 31(c), (d) and (h)

Repeal the paragraphs.

35 At the end of section 31

Add:

             (2)  Before the Commission seeks leave to intervene in proceedings as mentioned in paragraph (1)(j), the Commission must give the Attorney-General written notice of the Commission’s intention to do so together with a statement of why the Commission considers it appropriate to intervene. The notice must be given at a time when there is still a reasonable period before the intervention is to take place.

36  Subsection 32(1)

Omit “31(b)”, substitute “31(1)(b)”.

37  Section 33

Omit “section 31”, substitute “subsection 31(1)”.

38  Paragraph 35(2)(c)

Repeal the paragraph, substitute:

                     (c)  may include in the notice any recommendation by the Commission that action (other than the payment of compensation or damages to any person) be taken to remedy or reduce loss or damage suffered by a person as a result of the act or practice;

39  Subsections 36(3) and (9)

Omit “Human Rights Commissioner” (wherever occurring), substitute “a Deputy President”.

Note:       The heading to section 36 is altered by omitting “ Human Rights Commissioner ” and substituting “ Deputy Presidents ”.

40  Paragraph 36(3)(b)

Omit “when the”, substitute “when”.

41  Subsection 37(1)

Omit “Subject to sub-section (2), an appointed”, substitute “A”.

42  Subsections 37(4) and 38(2) and section 40

Omit “An appointed” (wherever occurring), substitute “A”.

43  Subsections 38(1) and 41(4)

Omit “an appointed” (wherever occurring), substitute “a”.

44  Subsection 41(3)

Omit “means an appointed member but”.

45  Part IIA (heading)

Repeal the heading, substitute:

Part IIA Functions relating to Aboriginal persons and Torres Strait Islanders

46  Division 1 of Part IIA (heading)

Repeal the heading.

47  Section 46A (definition of Commissioner )

Repeal the definition.

48  Section 46B

Repeal the section.

49  At the end of subsection 46C(1)

Add:

Note:          Functions are also conferred on the Commission under section 209 of the Native Title Act 1993 .

50  Subsection 46C(2)

Repeal the subsection.

Note:       The heading to section 46C is replaced by the heading “ Functions relating to Aboriginal persons and Torres Strait Islanders ”.

51  Subsection 46C(3)

Omit “Commissioner” (first occurring), substitute “Commission”.

52  Paragraph 46C(3)(d)

Omit “Commissioner”, substitute “first-mentioned Commission”.

53  Subsection 46C(4)

Omit “Commissioner” (wherever occurring), substitute “Commission”.

54  Division 2 of Part IIA

Repeal the Division.

55  Division 3 of Part IIA (heading)

Repeal the heading.

56  Section 46K

Omit “Commissioner” (wherever occurring), substitute “Commission”.

Note:       The heading to section 46K is altered by omitting “ Commissioner ” and substituting “ Commission ”.

57  Section 46L

Repeal the section.

Note:       The heading to section 46M is altered by omitting “ Commissioner ” and substituting “ Commission ”.

58  Paragraph 46PE(1)(c)

Omit “Commissioner”, substitute “Deputy President”.

Note:       The heading to section 46PE is altered by omitting “ Commissioner ” and substituting “ Deputy President ”.

59  Subsection 46PV(1)

Omit “special-purpose Commissioner” (wherever occurring), substitute “Deputy President”.

Note:       The heading to section 46PV is altered by omitting “ Commission members ” and substituting “ Deputy Presidents ”.

60  Paragraph 46PV(1)(b)

Repeal the paragraph, substitute:

                     (b)  proceedings that, in the Deputy President’s opinion, have significant implications for the administration of any of the following Acts:

                              (i)  this Act;

                             (ii)  the Disability Discrimination Act 1992 ;

                            (iii)  the Racial Discrimination Act 1975 ;

                            (iv)  the Sex Discrimination Act 1984 .

61  Subsection 46PV(3)

Repeal the subsection, substitute:

             (3)  Before exercising the function, the Deputy President must consult with the other Deputy Presidents.

62  Subsection 48(1)

Omit “on behalf of the Commission”, substitute “for or on behalf of the Commission or a member”.

63  At the end of subsection 48(1)

Add “or a member”.

64  Subsection 48(3)

After “a person acting”, insert “for or”.

65  Subsections 49(1), (2) and (4A)

Before “on behalf of” (wherever occurring), insert “for or”.

66  Subsection 49(1)

After “this Act” (first occurring), insert “(or any other law that confers a power on the Commission)”.

67  At the end of paragraph 49(1)(c)

Add “(or any other law that confers a power on the Commission)”.

68  At the end of subsection 49(2)

Add “(or any other law that confers a power on the Commission)”.



 

Part 2 Disability Discrimination Act 1992

69  Subsection 4(1) (definition of Commission )

Repeal the definition, substitute:

Commission means the Human Rights and Responsibilities Commission established by the Human Rights and Responsibilities Commission Act 1986 .

70  Subsection 4(1) (definition of Commissioner )

Repeal the definition.

71  Subsection 4(1) (definition of Convention )

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

72  Subsection 4(1) (definition of Covenant on Civil and Political Rights )

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

73  Subsection 4(1)

Insert:

Deputy President means a Deputy President of the Commission.

74  Subsection 4(1) (definition of enactment )

Omit “ Equal Opportunity ” (wherever occurring), substitute “ Responsibilities ”.

75  Subsection 4(1) (definition of proposed enactment )

Omit “ Equal Opportunity ” (wherever occurring), substitute “ Responsibilities ”.

76  Subsections 13(4) and 42(2)

Omit “ Equal Opportunity ” (wherever occurring), substitute “ Responsibilities ”.

77  Part 4 (heading)

Repeal the heading, substitute:

Part 4 Functions of Human Rights and Responsibilities Commission

78  Before paragraph 67(1)(c)

Insert:

                     (a)  to promote an understanding and acceptance of, and compliance with, this Act;

                     (b)  to disseminate information on discrimination on the ground of disability and on the responsibility of persons and organisations to avoid such discrimination;

                    (ba)  to undertake research and educational programs, and other programs, on behalf of the Commonwealth for the purpose of promoting the objects of this Act;

                    (bb)  to prepare, and to publish in the manner the Commission considers appropriate, guidelines for avoiding discrimination on the ground of disability;

79  Paragraphs 67(1)(g), (h) and (k)

Repeal the paragraphs.

Note:       The heading to section 67 is replaced by the heading “ Functions of the Commission ”.

80  Subsection 67(1) (note)

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

81  At the end of section 67

Add:

             (3)  Before the Commission seeks leave to intervene in proceedings as mentioned in paragraph (1)(l), the Commission must give the Attorney-General written notice of the Commission’s intention to do so together with a statement of why the Commission considers it appropriate to intervene. The notice must be given at a time when there is still a reasonable period before the intervention is to take place.

82  Section 112

Omit “Commissioner”, substitute “a Deputy President”.

83  Part 6

Repeal the Part.

84  Sections 121, 126, 127 and 129

Repeal the sections.



 

Part 3 Privacy Act 1988

85  Preamble

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

86  Paragraph 36(4)(a)

Omit “Equal Opportunity”, substitute “Responsibilities”.

87  Subsection 50(1) (definition of Human Rights and Equal Opportunity Commission )

Repeal the definition.

88  Subsection 50(1)

Insert:

Human Rights and Responsibilities Commission includes a person performing functions of that Commission.

89  Subsection 50(2) and subparagraph 50(3)(a)(i)

Omit “Equal Opportunity” (wherever occurring), substitute “Responsibilities”.

90  Subparagraphs 50(2)(a)(i) and (3)(a)(i)

Omit “ Equal Opportunity ” (wherever occurring), substitute “ Responsibilities ”.

91 Section 96

Omit “ Equal Opportunity ” (wherever occurring), substitute “ Responsibilities ”.

92  Section 99

Omit “Equal Opportunity”, substitute “Responsibilities”.



 

Part 4 Privacy Amendment (Office of the Privacy Commissioner) Act 1999

93  Item 5 of Schedule 1

Repeal the item, substitute:

5  Paragraph 36(4)(a)

Omit “Human Rights and Responsibilities Commission”, substitute “Commissioner”.

94  Item 7 of Schedule 1

Repeal the item, substitute:

7  Section 96

Omit “the staff referred to in section 43 of the Human Rights and Responsibilities Commission Act 1986 ” (wherever occurring), substitute “his or her staff”.

95  Item 10 of Schedule 1

Repeal the item, substitute:

10  Section 99

Omit “the staff of the Human Rights and Responsibilities Commission”, substitute “his or her staff”.

96  Part 2 of Schedule 1 (heading)

Repeal the heading, substitute:

Part 2—Human Rights and Responsibilities Commission Act 1986

97  Items 11, 12 and 13 of Schedule 1

Repeal the items.

98  Item 15 of Schedule 1

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

99  Item 1 of Schedule 2

Repeal the item, substitute:

1  Subsection 85ZZA(3)

Omit “staff of the Human Rights and Responsibilities Commission”, substitute “Privacy Commissioner’s staff”.



 

Part 5 Racial Discrimination Act 1975

100  Subsection 3(1) (definition of Chairman )

Repeal the definition.

101  Subsection 3(1) (definition of Commission )

Repeal the definition, substitute:

Commission means the Human Rights and Responsibilities Commission established by the Human Rights and Responsibilities Commission Act 1986 .

102  Subsection 3(1) (definition of Commissioner )

Repeal the definition.

103  Subsection 3(1) (definition of conciliation committee )

Repeal the definition.

104  Subsection 3(1) (definition of Council )

Repeal the definition.

105  Subsection 3(1) (definition of Deputy Chairman )

Repeal the definition.

106  Subsection 3(1)

Insert:

Deputy President means a Deputy President of the Commission.

107  Subsection 3(1) (definition of member )

Repeal the definition.

108  Subsection 6A(2)

Omit “ Equal Opportunity ” (wherever occurring), substitute “ Responsibilities ”.

109  Subsection 18C(1) (note)

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

110  Subsection 18C(1) (note)

Omit “Equal Opportunity”, substitute “Responsibilities”.

111  Part III (heading)

Repeal the heading, substitute:

Part III Functions of Commission

112  Section 19

Repeal the section.

113  Paragraph 20(b)

Re-letter the paragraph as paragraph (a).

114  Before paragraph 20(c)

Insert:

                     (b)  to disseminate information on racial discrimination and on the responsibility of persons and organisations to avoid such discrimination;

115  Paragraph 20(f)

Omit “or the Commissioner”.

116  Section 20 (note)

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

117  At the end of section 20

Add:

             (2)  Before the Commission seeks leave to intervene in proceedings as mentioned in paragraph (1)(e), the Commission must give the Attorney-General written notice of the Commission’s intention to do so together with a statement of why the Commission considers it appropriate to intervene. The notice must be given at a time when there is still a reasonable period before the intervention is to take place.

118  Paragraphs 27(2)(e), (f) and (g)

Omit “ Equal Opportunity ” (wherever occurring), substitute “ Responsibilities ”.

119  Section 27E

Omit “Commissioner”, substitute “a Deputy President”.

120  Section 27F

Repeal the section.

121  Parts V and VI

Repeal the Parts.

122  Sections 45 and 45A

Repeal the sections.

123  Section 47

Omit “and prescribing fees and allowances payable to members of conciliation committees”.



 

Part 6 Sex Discrimination Act 1984

124  Subsection 4(1) (definition of Commission )

Repeal the definition, substitute:

Commission means the Human Rights and Responsibilities Commission established by the Human Rights and Responsibilities Commission Act 1986 .

125  Subsection 4(1) (definition of Commissioner )

Repeal the definition.

126  Subsection 4(1)

Insert:

Deputy President means a Deputy President of the Commission.

127  Subsection 4(1) (definition of enactment )

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

128  Subsection 4(1) (definition of proposed enactment )

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

129  Subsections 10(4) and 11(4)

Omit “ Equal Opportunity ” (wherever occurring), substitute “ Responsibilities ”.

130  Part III (heading)

Repeal the heading, substitute:

Part III Functions of Human Rights and Responsibilities Commission

131  Before paragraph 48(1)(c)

Insert:

                     (a)  to promote an understanding and acceptance of, and compliance with, this Act;

                     (b)  to disseminate information on discrimination on the ground of sex, marital status, pregnancy or potential pregnancy and discrimination involving sexual harassment, and on the responsibility of persons and organisations to avoid such discrimination;

                    (ba)  to undertake research and educational programs, and other programs, on behalf of the Commonwealth for the purpose of promoting the objects of this Act;

                    (bb)  to prepare, and to publish in the manner the Commission considers appropriate, guidelines for avoiding discrimination on the ground of sex, marital status, pregnancy or potential pregnancy and discrimination involving sexual harassment;

132  Paragraphs 48(1)(d), (e) and (ga)

Repeal the paragraphs.

133  Subsection 48(1) (note)

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

Note:       The heading to section 48 is altered by omitting “ Equal Opportunity ” and substituting “ Responsibilities ”.

134  At the end of section 48

Add:

             (3)  Before the Commission seeks leave to intervene in proceedings as mentioned in paragraph (1)(gb), the Commission must give the Attorney-General written notice of the Commission’s intention to do so together with a statement of why the Commission considers it appropriate to intervene. The notice must be given at a time when there is still a reasonable period before the intervention is to take place.

135  Subsections 92(1) and 94(2) and paragraph 92(2)(b)

Omit “ Equal Opportunity ” (wherever occurring), substitute “ Responsibilities ”.

136  Section 93

Omit “Commissioner”, substitute “a Deputy President”.

137  Part V

Repeal the Part.

138  Sections 104, 111, 112 and 114

Repeal the sections.



 

Part 7 Application and transitional

139  Continuity of Commission and President not affected

To avoid doubt:

                     (a)  the continuity of the Commission’s existence; and

                     (b)  the continuity of the President’s appointment;

are not affected by the change to the Commission’s name, or any other amendment, made by this Act.

140  Re-appointment of President as a full-time member

If:

                     (a)  the person who was the President immediately before the commencement of this item ceases to be appointed as a part-time member of the Commission; and

                     (b)  is re-appointed as a full-time member;

the person is taken to have accrued an entitlement to benefits, in connection with the re-appointment, that is equivalent to the entitlement that the person had accrued as a part-time member immediately before the cessation.

141  Commissioners become Deputy Presidents

(1)        This item applies if, immediately before it commences, no more than 3 persons hold office as a Commissioner mentioned in paragraph 8(1)(b), (c), (ca), (d) or (f) of the Human Rights and Equal Opportunity Commission Act 1986 (as in force at that time).

(2)        When this item commences (the transition time ), each of those persons becomes a Deputy President of the Commission by force of this item.

(3)        The Attorney-General must determine under which of paragraphs 8(1)(b) to (d) of that Act (as amended by this Act) each of those persons is to hold office as a Deputy President. The determination takes effect at the transition time, whether it was made before or after that time.

(4)        Each of those persons holds office as a Deputy President for the period equivalent to the person’s remaining period of appointment as a Commissioner as at the transition time (but is eligible for re-appointment).

(5)        Each of those persons’ tenure as Deputy President by force of this item is taken for all purposes to have been continuous with the person’s appointment as a Commissioner immediately before the transition time.

(6)        Each of those persons is taken to have accrued an entitlement to benefits, as a Deputy President, that is equivalent to the entitlement that the person had accrued as a Commissioner immediately before the transition time.

142  Pre-commencement delegations remain in effect

(1)        Although this Schedule repeals section 121 of the Disability Discrimination Act 1992 , section 40 of the Racial Discrimination Act 1975 and section 104 of the Sex Discrimination Act 1984 , a delegation under any of those sections that was in force immediately before the repeal continues in force after the repeal as if the repeal had not happened.

(2)        However, subitem (1) does not apply to a delegation by or to:

                     (a)  the Human Rights Commissioner; or

                     (b)  the Race Discrimination Commissioner; or

                     (c)  the Aboriginal and Torres Strait Islander Social Justice Commissioner; or

                     (d)  the Sex Discrimination Commissioner; or

                     (e)  the Disability Discrimination Commissioner.

Note:       This exception is because the law no longer provides for the existence of those Commissioners.

143  Repealed civil liability provisions continue to apply in relation to pre-commencement acts etc.

Although this Schedule:

                     (a)  amends section 48 of the Human Rights and Equal Opportunity Commission Act 1986 ; and

                     (b)  repeals section 126 of the Disability Discrimination Act 1992 , section 45 of the Racial Discrimination Act 1975 and section 111 of the Sex Discrimination Act 1984 ;

those sections continue to apply, in relation to acts or omissions that happened before this item commenced, as if the amendment and repeals had not happened.

144  Repealed non-disclosure provisions continue to apply in relation to certain pre-commencement matters

Although this Schedule repeals section 127 of the Disability Discrimination Act 1992 , section 27F of the Racial Discrimination Act 1975 and section 112 of the Sex Discrimination Act 1984 , those sections continue to apply, in relation to information a person acquired before the repeal or documents a person had before the repeal, as if the repeal had not happened.