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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:
This Act is the Human Rights Commission Amendment Act
2006.
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)).
This Act amends the Human Rights Commission Act 2005.
4 Members
of commissionSection 12 (1)
(a)
omit
omit
6 Commission
presidentDivision 3.2
omit
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.
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 meetingsSection 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 meetingsSection
31
omit
11 Voting
at meetingsSection 33
(2)
omit
12 Allocating
complaintsSection 50
(2)
omit
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.
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
considerationSection 61 (2)
(a)
substitute
(a) the commission may use information from the consideration to help with
conciliation; and
omit
17 Conciliated
agreementsSection 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.
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 conciliationSection 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 evidenceSection 66 (1) (a)
(i)
substitute
(i) a communication made between people attending a conciliation
(including the commission); and
21 SecrecySection
99 (1), definition of person to whom this section applies, paragraph (a)
(i)
omit
22 Protection
of officials from liabilitySection 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
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