Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"Aboriginal person" means a person of the Aboriginal race of Australia.
"ACIC" means the agency known as the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002 .
(a) by or on behalf of the Commonwealth or an authority of the Commonwealth;
(c) wholly within a Territory; or
(d) partly within a Territory, to the extent to which the act was done within a Territory.
"affected person" , in relation to a complaint, means a person on whose behalf the complaint was lodged.
"Age Discrimination Commissioner" means the Age Discrimination Commissioner appointed under the Age Discrimination Act 2004 .
"alleged acts, omissions or practices" , in relation to a complaint, means the acts, omissions or practices that are alleged in the complaint.
Note: See also paragraph 23(b) of the Acts Interpretation Act 1901 .
"appointed member" means the President or the Human Rights Commissioner.
"Australia" includes the external Territories.
"Australian Capital Territory enactment" means an enactment of the Australian Capital Territory within the meaning of the Australian Capital Territory (Self - Government) Act 1988 , or an instrument made under such an enactment.
(a) in relation to the Commonwealth:
(i) a body (whether incorporated or unincorporated) established for a purpose of the Commonwealth by or under a Commonwealth enactment;
(ii) an incorporated company over which the Commonwealth is in a position to exercise control;
(iii) a person holding or performing the duties of an office or appointment established or made under a Commonwealth enactment or by the Governor - General or a Minister of the Commonwealth (not being an office or appointment referred to in subparagraph (c)(iii));
(iv) a body, or a person holding or performing the duties of an office or appointment, that is declared by the regulations to be an authority of the Commonwealth for the purposes of this Act;
(i) a body (whether incorporated or unincorporated) established for a purpose of the State by or under a law of the State;
(ii) an incorporated company over which the State is in a position to exercise control;
(iii) a person holding or performing the duties of an office or appointment established or made under a law, or by the Governor or a Minister, of the State;
(iv) a local government body in the State; or
(v) a body, or a person holding or performing the duties of an office or appointment, that is declared by the regulations to be an authority of the State for the purposes of this Act; or
(c) in relation to a Territory:
(i) a body (whether incorporated or unincorporated) established for a purpose of the Territory by or under a Commonwealth enactment or a law of the Territory;
(ii) an incorporated company over which the Administration of the Territory is in a position to exercise control;
(iii) a person holding or performing the duties of an office or appointment established or made under a law of the Territory or by the Administrator of a Territory; or
(iv) a body, or a person holding or performing the duties of an office or appointment, that is declared by the regulations to be an authority of the Territory for the purposes of this Act.
"children" means people under the age of 18.
"class member" , in relation to a representative complaint, means any of the persons on whose behalf the complaint was lodged, but does not include a person who has withdrawn under section 46PC.
"Commission" means the Australian Human Rights Commission established by this Act.
"Commonwealth enactment" means an Act or an instrument (other than a Territory enactment, an Australian Capital Territory enactment or a Northern Territory enactment) made under an Act, and includes any other legislation applied as a law of the Commonwealth, to the extent that it operates as such a law.
"complainant" , in relation to a complaint, means a person who lodged the complaint, whether on the person's own behalf or on behalf of another person or persons.
"complaint" , except in Part IIC, means a complaint lodged under Division 1 of Part IIB.
"compliance notice" means a notice mentioned in subsection 35F(1).
"compulsory conference" means a conference under section 46PJ.
"Convention" means the Discrimination (Employment and Occupation) Convention, 1958 adopted by the General Conference of the International Labour Organization on 25 June 1958, a copy of the English text of which is set out in Schedule 1, as that Convention applies in relation to Australia.
"Covenant" means the International Covenant on Civil and Political Rights, a copy of the English text of which is set out in Schedule 2, as that International Covenant applies in relation to Australia.
(a) the Declaration of the Rights of the Child proclaimed by the General Assembly of the United Nations on 20 November 1959, a copy of the English text of which is set out in Schedule 3;
(b) the Declaration on the Rights of Mentally Retarded Persons proclaimed by the General Assembly of the United Nations on 20 December 1971, a copy of the English text of which is set out in Schedule 4; and
(c) the Declaration on the Rights of Disabled Persons proclaimed by the General Assembly of the United Nations on 9 December 1975, a copy of the English text of which is set out in Schedule 5.
"Defence Department" means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .
"Disability Discrimination Commissioner" means the Disability Discrimination Commissioner appointed under the Disability Discrimination Act 1992 .
"discrimination" , except in Part IIB, means:
(a) any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin that has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation; and
(b) any other distinction, exclusion or preference that:
(i) has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation; and
(ii) has been declared by the regulations to constitute discrimination for the purposes of this Act;
but does not include any distinction, exclusion or preference:
(c) in respect of a particular job based on the inherent requirements of the job; or
(d) in connection with employment as a member of the staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, being a distinction, exclusion or preference made in good faith in order to avoid injury to the religious susceptibilities of adherents of that religion or that creed.
"enactment" means a Commonwealth enactment or a Territory enactment.
"examiner" of ACIC means an examiner within the meaning of the Australian Crime Commission Act 2002 .
"Federal Court" means the Federal Court of Australia.
"human rights" means the rights and freedoms recognised in the Covenant, declared by the Declarations or recognised or declared by any relevant international instrument.
(a) the Inspector - General of Intelligence and Security; or
(b) any other person covered by subsection 32(1) of the Inspector - General of Intelligence and Security Act 1986 .
"instrument" includes a rule, regulation or by - law.
"instrumentality" , in relation to a State, includes:
(a) a person holding or performing the duties of an office established by or under a law of that State;
(b) a person employed in the public service of that State; and
(c) a person employed by a body established for a purpose of that State by or under a law of that State.
"international instrument" includes a declaration made by an international organisation.
(a) a Judge of a court created by the Parliament or of a court of a State; or
(b) a person who has the same designation and status as a Judge of a court created by the Parliament.
"law" means a law of the Commonwealth, a law of a Territory or a law of a State.
"law of a State" means a State enactment or any other law in force in a State, other than a law of the Commonwealth.
"law of a Territory" means a Territory enactment or any other law in force in a Territory, other than a law of the Commonwealth.
"law of the Commonwealth" means a Commonwealth enactment or any other law in force throughout Australia.
"member" means a member of the Commission, and includes the President.
(a) in relation to a State--a Minister of the Crown of that State; and
(b) in relation to the Australian Capital Territory or the Northern Territory--a Minister of that Territory.
"National Children's Commissioner" means the National Children's Commissioner referred to in section 46MA.
"Northern Territory enactment" means an enactment of the Northern Territory within the meaning of the Northern Territory (Self - Government) Act 1978 or an instrument made under such an enactment.
"positive duty in relation to sex discrimination" means section 47C of the Sex Discrimination Act 1984 .
"practice" means a practice engaged in:
(a) by or behalf of the Commonwealth or an authority of the Commonwealth;
(c) wholly within a Territory; or
(d) partly within a Territory, to the extent to which the practice was or is engaged in within a Territory.
"President" means President of the Commission.
(a) a proposed law introduced into the Parliament of the Commonwealth or the legislature of a Territory;
(b) a proposed law prepared on behalf of:
(i) the Government of the Commonwealth or the Administration of a Territory;
(ii) a Minister of State of the Commonwealth; or
(iii) a body established by law that has the function of recommending proposed laws of the Commonwealth or of a Territory; or
(c) an instrument proposed to be made under a law of the Commonwealth or under a law of a Territory.
"Race Discrimination Commissioner" means the Race Discrimination Commissioner appointed under the Racial Discrimination Act 1975 .
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"relevant international instrument" means an international instrument in respect of which a declaration under section 47 is in force.
"representative application" means an application under subsection 46PO(1) that is made on behalf of at least one person other than the person making the application, but does not include an application that commences a representative proceeding in accordance with Part IVA of the Federal Court of Australia Act 1976 .
"representative complaint" means a complaint lodged on behalf of at least one person who is not a complainant.
"respondent" , in relation to a complaint, means the person or persons against whom the complaint is made.
"Sex Discrimination Commissioner" means the Sex Discrimination Commissioner appointed under the Sex Discrimination Act 1984 .
"State" includes the Australian Capital Territory and the Northern Territory.
"State enactment" means a State Act or an instrument made under a State Act and includes an Australian Capital Territory enactment and a Northern Territory enactment.
"systemic unlawful discrimination" : see subsection 35L(2).
"terminate" , in relation to a complaint, means decline to inquire into the complaint, or discontinue an inquiry into the complaint.
"Territory" does not include the Australian Capital Territory or the Northern Territory.
"Territory Act" means an Act passed by a legislature of a Territory
"Territory enactment" means a Territory Act, an Ordinance of a Territory or an instrument made under such an Act or Ordinance, and includes any other legislation applied as a law of the Commonwealth, to the extent that it operates as such a law.
"Torres Strait Islander" means a descendant of an indigenous inhabitant of the Torres Strait Islands.
(a) an association of employees that is registered as an organisation, or recognised, under the Fair Work (Registered Organisations) Act 2009 ; or
(b) a trade union within the meaning of any State Act or law of a Territory; or
"unlawful discrimination" means any acts, omissions or practices that are unlawful under:
(aa) Part 4 of the Age Discrimination Act 2004 ; or
(a) Division 1, 2, 2A, 3 or 6 of Part 2 of the Disability Discrimination Act 1992 ; or
(b) Part II or IIA of the Racial Discrimination Act 1975 ; or
(c) Part II of the Sex Discrimination Act 1984 ;
and includes any conduct that is an offence under:
(ca) Division 2 of Part 5 of the Age Discrimination Act 2004 (other than section 51 or 52); or
(d) Division 4 of Part 2 of the Disability Discrimination Act 1992 (other than section 42).
(2) In this Act, a reference to the Governor of a State shall, in relation to the Northern Territory, be construed as a reference to the Administrator of the Northern Territory.
(a) a reference to, or to the doing of, an act includes a reference to a refusal or failure to do an act; and
(b) a reference, in relation to the doing of an act or the engaging in of a practice, to the person who did the act or engaged in the practice shall, in the case of an act done or practice engaged in by an unincorporated body of persons, be read as a reference to that body.
(4) In the definition of human rights in subsection (1):
(a) the reference to the rights and freedoms recognised in the Covenant shall be read as a reference to the rights and freedoms recognised in the Covenant as it applies to Australia; and
(b) the reference to the rights and freedoms recognised or declared by any relevant international instrument shall:
(i) in the case of an instrument (not being a declaration referred to in subparagraph (ii)) that applies to Australia--be read as a reference to the rights and freedoms recognised or declared by the instrument as it applies to Australia; or
(ii) in the case of an instrument being a declaration made by an international organisation that was adopted by Australia--be read as a reference to the rights and freedoms recognised or declared by the declaration as it was adopted by Australia.
(5) A reference in this Act to the making of a declaration by an international organisation shall be read as a reference to the making or adopting of a declaration, proclamation or other statement by such an organisation in any way, whether by the passing of a resolution, the issuing of an instrument or otherwise.
(6) A reference in this Act to the adoption by Australia of an international instrument being a declaration made by an international organisation shall be read as a reference to the casting by Australia of a vote in favour of the making of the declaration by the organisation at the meeting of the organisation at which the declaration was made or to the giving of some other public notification by Australia expressing its support for the declaration.
(7) A reference in this Act to a person acting on behalf of the Commission is a reference to:
(a) a person, or each of a body of persons, acting pursuant to a delegation under section 19; or
(b) an instrumentality of a State performing a function of the Commission pursuant to an arrangement in force under section 16.
(8) Except so far as the contrary intention appears, an expression that is used both in this Act and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, for the purposes of the operation of this Act in relation to the Convention, the same meaning as it has in the Convention.
(9) A reference in this Act to prejudice to the security,
defence or international relations of Australia includes a reference to any
such prejudice that might result from the divulging of information or matters
communicated in confidence by or on behalf of the government of a foreign
country, an authority of a government of a foreign country or an international
organisation to the Government of the Commonwealth, to an authority of the
Commonwealth or to a person receiving the communication on behalf of the
Commonwealth or of an authority of the Commonwealth.