Australian Capital Territory Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


HUMAN RIGHTS COMMISSION AMENDMENT BILL 2006

2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Attorney-General)

Human Rights Commission Amendment Bill 2006





Contents

Page





























2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Attorney-General)

Human Rights Commission Amendment Bill 2006





A Bill for

An Act to amend the Human Rights Commission Act 2005













The Legislative Assembly for the Australian Capital Territory enacts as follows:



1 Name of Act

This Act is the Human Rights Commission Amendment Act 2006.

2 Commencement

This Act commences on the commencement of the Human Rights Commission Act 2005, section 3.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3 Legislation amended

This Act amends the Human Rights Commission Act 2005.

4 Members of commission

Section 12 (1) (a)

omit

5 Section 12 (3)

omit

6 Commission president

Division 3.2

omit

7 Section 26

substitute

26 Appointment of human rights commissioner

(1) The Executive must appoint a person to be the Human Rights Commissioner.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

(2) However, the Executive must not appoint a person as human rights commissioner unless satisfied that the person has the experience or expertise necessary to exercise the functions of the commissioner.

(3) The human rights commissioner must not be appointed for a term of longer than 5 years.

Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

(4) The conditions of appointment of the human rights commissioner are the conditions agreed between the Executive and the commissioner, subject to any determination under the Remuneration Tribunal Act 1995.

Note The human rights commissioner’s appointment may be ended under s 29.

8 Section 28

substitute

28 Application—div 3.7

This division applies to each of the following positions:

(a) the children and young people commissioner;

(b) the disability and community services commissioner;

(c) the discrimination commissioner;

(d) the health services commissioner;

(e) the human rights commissioner.

9 Time and place of commission meetings

Section 30 (3) and (4)

substitute

(3) Any member may, with the agreement of at least 1 other member, call a meeting of the commission.

(4) A member who calls a meeting under subsection (3) must give the other members reasonable notice of the time and place of the meeting.

10 Presiding member at meetings

Section 31

omit

11 Voting at meetings

Section 33 (2)

omit

12 Allocating complaints

Section 50 (2)

omit

13 Section 55

substitute

55 What is conciliation?

(1) For this Act, conciliation of a complaint involves the commission acting as an impartial third-party to help the parties to the conciliation to endeavour to resolve the matters raised by the complaint.

(2) Conciliation requires the parties’ willing and informed agreement to take part in the conciliation.

Note The commission may require a party to attend conciliation, but may not require the party to take part.

(3) The parties to conciliation decide the outcome of the conciliation, usually with advice from the commission.

14 Section 56

substitute

56 Delegation of commission’s function of conciliation

The commission may delegate the function of conciliation of a complaint to—

(a) a commissioner other than the commissioner who is considering the complaint; or

(b) a member of staff or a consultant engaged by the commission for this Act.

Note 1 Consultants may be engaged for this Act under s 37.

Note 2 For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

15 Relationship between conciliation and consideration

Section 61 (2) (a)

substitute

(a) the commission may use information from the consideration to help with conciliation; and

16 Section 61 (2), note

omit

17 Conciliated agreements

Section 62 (3)

substitute

(3) The commission must—

(a) give each party a copy of the conciliation agreement; and

(b) if the complaint is a discrimination complaint—give the agreement to the discrimination tribunal.

18 Section 63

substitute

63 Use of conciliation agreement by commission

(1) This section applies if the parties to the conciliation make a conciliation agreement.

(2) The commission may use information in the conciliation agreement, whether for considering the complaint to which the agreement relates or otherwise, only if the parties agree to the use by the commission of the agreement or the part of the agreement containing the information.

(3) An agreement to allow the commission to use a conciliation agreement, or part of a conciliation agreement, may be in the conciliation agreement or elsewhere.

(4) If the parties agree to the use by the commission of the conciliation agreement, or a part of the agreement, the commission may use anything in the conciliation agreement, or the part of the agreement, as the commission considers appropriate.

19 End of conciliation

Section 65 (2)

substitute

(2) If the conciliation ends, the commission must, as soon as practicable, tell the following people that the conciliation has ended and why it has ended:

(a) the complainant;

(b) the person complained about.

20 Admissibility of evidence

Section 66 (1) (a) (i)

substitute

(i) a communication made between people attending a conciliation (including the commission); and

21 Secrecy

Section 99 (1), definition of person to whom this section applies, paragraph (a) (i)

omit

22 Protection of officials from liability

Section 100 (1), definition of official, paragraph (a)

omit

23 Dictionary, definition of conciliator

omit

24 Dictionary, definition of president

omit

25 Further amendments, mentions of president

omit

president

substitute

commission

in

• section 57 (2) and (3)

• section 58

• section 59 (1)

• section 60

• section 62 (1)

• section 64

• section 65 (1) (d)

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 2006.

2 Notification

Notified under the Legislation Act on 2006.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.



























© Australian Capital Territory 2006

 


[Index] [Search] [Download] [Related Items] [Help]