Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Human Rights Commission
Legislation Amendment (Selection and
Appointment) Bill 2022
No. , 2022
(Attorney-General)
A Bill for an Act to amend the law relating to the
appointment of members of the Australian Human
Rights Commission, and for related purposes
No. , 2022
Australian Human Rights Commission Legislation Amendment
(Selection and Appointment) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Age Discrimination Act 2004
3
Australian Human Rights Commission Act 1986
4
Disability Discrimination Act 1992
7
Racial Discrimination Act 1975
8
Sex Discrimination Act 1984
9
No. , 2022
Australian Human Rights Commission Legislation Amendment
(Selection and Appointment) Bill 2022
1
A Bill for an Act to amend the law relating to the
1
appointment of members of the Australian Human
2
Rights Commission, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Australian Human Rights Commission Legislation
6
Amendment (Selection and Appointment) Act 2022
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Australian Human Rights Commission Legislation Amendment
(Selection and Appointment) Bill 2022
No. , 2022
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
No. , 2022
Australian Human Rights Commission Legislation Amendment
(Selection and Appointment) Bill 2022
3
Schedule 1--Amendments
1
2
Age Discrimination Act 2004
3
1 Subsection 53A(1) (note)
4
Repeal the note, substitute:
5
Note:
Subject to subsection 53B(1A), the Age Discrimination Commissioner
6
may be reappointed: see section 33AA of the
Acts Interpretation Act
7
1901
.
8
2 Subsection 53A(2)
9
Repeal the subsection, substitute:
10
(2) A person must not be appointed under subsection (1) as the Age
11
Discrimination Commissioner unless the Minister is satisfied that:
12
(a) the person has appropriate qualifications, knowledge or
13
experience; and
14
(b) the selection of the person for the appointment is the result of
15
a process that:
16
(i) was merit-based; and
17
(ii) included public advertising of the position.
18
(3) Paragraph (2)(b) does not apply in relation to the reappointment of
19
a person who, immediately before the start of the period of
20
reappointment, holds office as the Age Discrimination
21
Commissioner under a previous appointment under subsection (1).
22
3 Subsection 53B(1)
23
Omit the second sentence.
24
4 After subsection 53B(1)
25
Insert:
26
(1A) A person must not be appointed as the Age Discrimination
27
Commissioner under section 53A for a period if the sum of the
28
following exceeds 7 years:
29
(a) that period;
30
Schedule 1
Amendments
4
Australian Human Rights Commission Legislation Amendment
(Selection and Appointment) Bill 2022
No. , 2022
(b) any periods of previous appointment of the person as the Age
1
Discrimination Commissioner under that section.
2
Australian Human Rights Commission Act 1986
3
5 After subsection 8A(1)
4
Insert:
5
(1A) A person must not be appointed under subsection (1) as the
6
President unless the Minister is satisfied that:
7
(a) the person has appropriate qualifications, knowledge or
8
experience; and
9
(b) the selection of the person for the appointment is the result of
10
a process that:
11
(i) was merit-based; and
12
(ii) included public advertising of the position.
13
(1B) Paragraph (1A)(b) does not apply in relation to the reappointment
14
of a person who, immediately before the start of the period of
15
reappointment, holds office as the President under a previous
16
appointment under subsection (1).
17
6 Subsection 8B(2)
18
Repeal the subsection, substitute:
19
(2) A person must not be appointed under subsection (1) as the Human
20
Rights Commissioner unless the Minister is satisfied that:
21
(a) the person has appropriate qualifications, knowledge or
22
experience; and
23
(b) the selection of the person for the appointment is the result of
24
a process that:
25
(i) was merit-based; and
26
(ii) included public advertising of the position.
27
(3) Paragraph (2)(b) does not apply in relation to the reappointment of
28
a person who, immediately before the start of the period of
29
reappointment, holds office as the Human Rights Commissioner
30
under a previous appointment under subsection (1).
31
Amendments
Schedule 1
No. , 2022
Australian Human Rights Commission Legislation Amendment
(Selection and Appointment) Bill 2022
5
7 Subsection 37(1)
1
After "subsection (2)", insert "or (3)".
2
8 Subsection 37(1)
3
Omit ", not exceeding 7 years,".
4
9 After subsection 37(1)
5
Insert:
6
(2) A person must not be appointed as the President under section 8A
7
for a period if the sum of the following exceeds 7 years:
8
(a) that period;
9
(b) any periods of previous appointment of the person as the
10
President under that section.
11
(3) A person must not be appointed as the Human Rights
12
Commissioner under section 8B for a period if the sum of the
13
following exceeds 7 years:
14
(a) that period;
15
(b) any periods of previous appointment of the person as the
16
Human Rights Commissioner under that section.
17
10 Subsection 46B(2)
18
Repeal the subsection, substitute:
19
(2) A person must not be appointed under subsection (1) as the
20
Aboriginal and Torres Strait Islander Social Justice Commissioner
21
unless the Minister is satisfied that:
22
(a) the person has significant experience in community life of
23
Aboriginal persons or Torres Strait Islanders; and
24
(b) the selection of the person for the appointment is the result of
25
a process that:
26
(i) was merit-based; and
27
(ii) included public advertising of the position.
28
(3) Paragraph (2)(b) does not apply in relation to the reappointment of
29
a person who, immediately before the start of the period of
30
reappointment, holds office as the Aboriginal and Torres Strait
31
Schedule 1
Amendments
6
Australian Human Rights Commission Legislation Amendment
(Selection and Appointment) Bill 2022
No. , 2022
Islander Social Justice Commissioner under a previous
1
appointment under subsection (1).
2
11 Subsection 46D(1)
3
Omit ", not exceeding 7 years,".
4
12 After subsection 46D(1)
5
Insert:
6
(1A) A person must not be appointed as the Aboriginal and Torres Strait
7
Islander Social Justice Commissioner under section 46B for a
8
period if the sum of the following exceeds 7 years:
9
(a) that period;
10
(b) any periods of previous appointment of the person as the
11
Aboriginal and Torres Strait Islander Social Justice
12
Commissioner under that section.
13
13 Subsection 46MC(2)
14
Repeal the subsection, substitute:
15
(2) A person must not be appointed under subsection (1) as the
16
National Children's Commissioner unless the Minister is satisfied
17
that:
18
(a) the person has appropriate qualifications, knowledge or
19
experience; and
20
(b) the selection of the person for the appointment is the result of
21
a process that:
22
(i) was merit-based; and
23
(ii) included public advertising of the position.
24
(3) Paragraph (2)(b) does not apply in relation to the reappointment of
25
a person who, immediately before the start of the period of
26
reappointment, holds office as the National Children's
27
Commissioner under a previous appointment under subsection (1).
28
14 Section 46MD
29
Before "The National", insert "(1)".
30
Amendments
Schedule 1
No. , 2022
Australian Human Rights Commission Legislation Amendment
(Selection and Appointment) Bill 2022
7
15 Section 46MD
1
Omit the second sentence.
2
16 At the end of section 46MD
3
Add:
4
(2) A person must not be appointed as the National Children's
5
Commissioner under section 46MC for a period if the sum of the
6
following exceeds 7 years:
7
(a) that period;
8
(b) any periods of previous appointment of the person as the
9
National Children's Commissioner under that section.
10
Disability Discrimination Act 1992
11
17 Subsection 113(2)
12
Repeal the subsection, substitute:
13
(2) A person must not be appointed under subsection (1) as the
14
Disability Discrimination Commissioner unless the Minister is
15
satisfied that:
16
(a) the person has appropriate qualifications, knowledge or
17
experience; and
18
(b) the selection of the person for the appointment is the result of
19
a process that:
20
(i) was merit-based; and
21
(ii) included public advertising of the position.
22
(3) Paragraph (2)(b) does not apply in relation to the reappointment of
23
a person who, immediately before the start of the period of
24
reappointment, holds office as the Disability Discrimination
25
Commissioner under a previous appointment under subsection (1).
26
18 Subsection 114(1)
27
Omit ", not exceeding 7 years,".
28
19 After subsection 114(1)
29
Insert:
30
Schedule 1
Amendments
8
Australian Human Rights Commission Legislation Amendment
(Selection and Appointment) Bill 2022
No. , 2022
(1A) A person must not be appointed as the Disability Discrimination
1
Commissioner under section 113 for a period if the sum of the
2
following exceeds 7 years:
3
(a) that period;
4
(b) any periods of previous appointment of the person as the
5
Disability Discrimination Commissioner under that section.
6
Racial Discrimination Act 1975
7
20 Subsection 29(2)
8
Repeal the subsection, substitute:
9
(2) A person must not be appointed under subsection (1) as the Race
10
Discrimination Commissioner unless the Minister is satisfied that:
11
(a) the person has appropriate qualifications, knowledge or
12
experience; and
13
(b) the selection of the person for the appointment is the result of
14
a process that:
15
(i) was merit-based; and
16
(ii) included public advertising of the position.
17
(3) Paragraph (2)(b) does not apply in relation to the reappointment of
18
a person who, immediately before the start of the period of
19
reappointment, holds office as the Race Discrimination
20
Commissioner under a previous appointment under subsection (1).
21
21 Subsection 30(1)
22
Omit ", not exceeding 7 years,".
23
22 After subsection 30(1)
24
Insert:
25
(2) A person must not be appointed as the Race Discrimination
26
Commissioner under section 29 for a period if the sum of the
27
following exceeds 7 years:
28
(a) that period;
29
(b) any periods of previous appointment of the person as the
30
Race Discrimination Commissioner under that section.
31
Amendments
Schedule 1
No. , 2022
Australian Human Rights Commission Legislation Amendment
(Selection and Appointment) Bill 2022
9
Sex Discrimination Act 1984
1
23 Subsection 96(2)
2
Repeal the subsection, substitute:
3
(2) A person must not be appointed under subsection (1) as the Sex
4
Discrimination Commissioner unless the Minister is satisfied that:
5
(a) the person has appropriate qualifications, knowledge or
6
experience; and
7
(b) the selection of the person for the appointment is the result of
8
a process that:
9
(i) was merit-based; and
10
(ii) included public advertising of the position.
11
(3) Paragraph (2)(b) does not apply in relation to the reappointment of
12
a person who, immediately before the start of the period of
13
reappointment, holds office as the Sex Discrimination
14
Commissioner under a previous appointment under subsection (1).
15
24 Subsection 97(1)
16
Omit ", not exceeding 7 years,".
17
25 After subsection 97(1)
18
Insert:
19
(2) A person must not be appointed as the Sex Discrimination
20
Commissioner under section 96 for a period if the sum of the
21
following exceeds 7 years:
22
(a) that period;
23
(b) any periods of previous appointment of the person as the Sex
24
Discrimination Commissioner under that section.
25
26 Existing appointments
26
The amendments made by this Schedule do not affect:
27
(a) the validity of an appointment that was made before the
28
commencement of this item; or
29
(b) a period of appointment that was specified in an instrument
30
of appointment before that commencement.
31