Commonwealth Numbered Acts

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 126 of 1986 - SECT 17

17. Part III of the Principal Act is repealed and the following Part is
substituted:
                    "PART III-INQUIRIES AND CIVIL PROCEEDINGS


"Division 1-Preliminary Race Discrimination Commissioner

"19. For the purposes of this Act there shall be a Race Discrimination
Commissioner. Functions of Commission

"20. (1) The following functions are hereby conferred on the Commission:

   (a)  to inquire into alleged infringements of Part II, and endeavour by
        conciliation to effect settlements of the matters alleged to
        constitute those infringements;

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

   (c)  to develop, conduct and foster research and educational programs and
        other programs for the purpose of-

        (i)    combating racial discrimination and prejudices that lead to
               racial discrimination;

        (ii)   promoting understanding, tolerance and friendship among racial
               and ethnic groups; and

        (iii)  propagating the purposes and principles of the Convention;

   (d)  to prepare, and to publish in such manner as the Commission considers
        appropriate, guidelines for the avoidance of infringements of Part II;

   (e)  where the Commission considers it appropriate to do so, with the leave
        of the court hearing the proceedings and subject to any conditions
        imposed by the court, to intervene in proceedings that involve racial
        discrimination issues;

   (f)  to inquire into, and make determinations on, matters referred to it by
        the Minister or the Commissioner.

"(2) The Commissioner shall not participate in any inquiry held by the
Commission under Division 3 or attend any meeting of the Commission, be
present during any deliberation of the Commission, or take part in any
decision of the Commission, in connection with such an inquiry. Function of
Commissioner

"21. The function of the Commission under paragraph 20 (1) (a) shall be
performed by the Commissioner on behalf of the Commission. Complaints

"22. (1) A complaint in writing alleging that a person has done an act that is
unlawful by virtue of a provision of Part II may be lodged with the Commission
by-

   (a)  a person aggrieved by the act, on that person's own behalf or on
        behalf of that person and another person or other persons aggrieved by
        the act;

   (b)  2 or more persons aggrieved by the act, on their own behalf or on
        behalf of themselves and another person or other persons aggrieved by
        the act;

   (c)  a person or persons included in a class of persons aggrieved by the
        act, on behalf of the persons included in that class of persons; or

   (d)  a trade union of which a person or persons, or persons included in a
        class of persons, aggrieved by the act is a member or are members, on
        behalf of that person, those persons or persons included in that class
        of persons, as the case may be.

"(2) In this section, 'trade union' means-

   (a)  an organisation of employees that is a registered organisation;

   (b)  a trade union within the meaning of any State Act or law of a
        Territory; or

   (c)  any other similar body. Commissioner deemed to be a complainant

"23. Where-

   (a)  the Commissioner has referred to the Commission a matter that came
        before the Commissioner otherwise than as the result of the making of
        a complaint to the Commission; or

   (b)  the Minister has referred a matter to the Commission under section 25,
        then, for the purposes of any inquiry into the matter by the
        Commission, this Act has effect as if-

   (c)  the matter had been the subject of a complaint;

   (d)  the reference to the complainant in section 25F were a reference to
        the Commissioner; and

   (e)  a reference to the respondent were a reference to the person who is,
        or each of the persons who are, alleged to have done the act to which
        the matter relates.
                      "Division 2-Inquiries by Commissioner
Inquiries by Commissioner

"24. (1) Where-

   (a)  a complaint relating to an alleged unlawful act is made to the
        Commission under section 22; or

   (b)  it appears to the Commission that a person has done an act that is
        unlawful by virtue of a provision of Part II, the Commission shall
        notify the Commissioner accordingly and the Commissioner shall,
        subject to sub-section (2), inquire into the act and endeavour, by
        conciliation, to effect a settlement of the matter to which the act
        relates.

"(2) The Commissioner may decide not to inquire into an act, or, if the
Commissioner has commenced to inquire into an act, decide not to continue to
inquire into the act, if-

   (a)  the Commissioner is satisfied that the act is not unlawful by reason
        of a provision of Part II;

   (b)  the Commissioner is of the opinion that the person aggrieved by the
        act does not desire, or none of the persons aggrieved by the act
        desires, that the inquiry be made or continued;

   (c)  in a case where a complaint has been made to the Commission in
        relation to the act, a period of more than 12 months has elapsed since
        the act was done; or

   (d)  in a case where a complaint has been made to the Commission in
        relation to the act, the Commissioner is of the opinion that the
        complaint was frivolous, vexatious, misconceived or lacking in
        substance.

"(3) Where the Commissioner decides not to inquire into, or not to continue to
inquire into, an act in respect of which a complaint was made to the
Commission, the Commissioner shall give notice in writing to the complainant
or each of the complainants of that decision, of the reasons for that decision
and of the rights of the complainant or each of the complainants under
sub-section (4).

"(4) Where the Commissioner has given a complainant a notice under sub-section
(3), the complainant may, within 21 days after receipt of the notice, by
notice in writing served on the Commissioner, require the Commissioner to
refer the complaint to the Commission.

"(5) On receipt of a notice under sub-section (4), the Commissioner shall
refer the complaint to the Commission together with a report relating to any
inquiries made by the Commissioner into the complaint.

"(6) The Commissioner may, for the purposes of this Act, obtain information
from such persons, and make such inquiries, as the Commissioner thinks fit.
Application for interim determination under section 25Y

"24A. (1) The Commissioner, at any time after a complaint is lodged and before
the Commissioner declines to entertain the complaint, resolves the complaint
by conciliation or refers the matter to which the complaint relates to the
Commission under sub-section 24E (1), may apply to the Commission for the
making of an interim determination under section 25Y or for the variation or
revocation of any such determination.

"(2) In relation to a matter arising under paragraph 24 (1) (b), the
Commissioner may apply to the Commission for the making of an interim
determination under section 25Y, or for the variation or revocation of any
such determination, at any time. Power to obtain information and documents

"24B. (1) Where the Commissioner has reason to believe that a person is
capable of furnishing information (in this sub-section referred to as
'relevant information') or producing documents (in this sub-section referred
to as 'relevant documents') relevant to an inquiry under this Division, the
Commissioner may, by notice in writing served on the person, require the
person, at such place, and within such period or on such date and at such
time, as are specified in the notice-

   (a)  to furnish to the Commissioner, by writing signed by the person or, in
        the case of a body corporate, by an officer of the body corporate,
        such relevant information (if any) as is specified in the notice; and

   (b)  to produce to the Commissioner such relevant documents (if any) as are
        specified in the notice.

"(2) Where documents are produced to the Commissioner in accordance with a
requirement under sub-section (1), the Commissioner-

   (a)  may take possession of, and may make copies of, or take extracts from,
        the documents;

   (b)  may retain possession of the documents for such period as is necessary
        for the purposes of the inquiry to which the documents relate; and

   (c)  during that period shall permit a person who would be entitled to
        inspect any one or more of the documents if they were not in the
        possession of the Commissioner to inspect at all reasonable times such
        of the documents as that person would be so entitled to inspect.
        Directions to persons to attend compulsory conference

"24C. (1) For the purpose of inquiring into an act, and endeavouring to settle
the matter to which the act relates, in accordance with section 24, the
Commissioner may, by notice in writing, direct the persons referred to in
sub-section (2) of this section to attend, at a time and place specified in
the notice, a conference presided over by the Commissioner or a person
appointed by the Commissioner.

"(2) Directions under sub-section (1) to attend a conference in relation to an
act shall be given to-

   (a)  where a complaint was made to the Commission in relation to that act -
        the complainant, or all the complainants, as the case requires;

   (b)  the person who is alleged to have done the act; and

   (c)  any other person who, in the opinion of the Commissioner, is likely to
        be able to provide information relevant to the inquiry or whose
        presence at the conference is, in the opinion of the Commissioner,
        likely to be conducive to the settlement of the matter to which the
        act relates.

"(3) A person who has been given a direction under sub-section (1) to attend a
conference is entitled to be paid by the Commonwealth a reasonable sum for the
person's attendance at the conference.

"(4) The Commissioner may, in a notice given to a person under sub-section
(1), require the person to produce such documents at the conference as are
specified in the notice. Compulsory conference

"24D. (1) The person presiding at a conference held under this Division may
require a person attending the conference to produce a document.

"(2) A conference under this Division shall be held in private and, subject to
this Act, shall be conducted in such manner as the person presiding at the
conference thinks fit.

"(3) Subject to sub-section (4), a body of persons, whether corporate or
unincorporate, that is directed under section 24C to attend a conference shall
be deemed to attend if an officer or employee of that body attends on behalf
of that body.

"(4) Except with the consent of the person presiding at a conference under
this Division-

   (a)  a natural person is not entitled to be represented at the conference
        by another person; and

   (b)  a body of persons, whether corporate or unincorporate, is not entitled
        to be represented at the conference by a person other than an officer
        or employee of that body. Reference of matters to the Commission

"24E. (1) Where the Commissioner-

   (a)  is of the opinion that a matter cannot be settled by conciliation;

   (b)  has endeavoured to settle a matter by conciliation but has not been
        successful; or

   (c)  is of the opinion that the nature of a matter is such that it should
        be referred to the Commission, the Commissioner shall refer the matter
        to the Commission together with a report relating to any inquiries
        made by the Commissioner into the matter.

"(2) A report for the purposes of sub-section (1) shall not set out or
describe anything said or done in the course of conciliation proceedings under
this Division (including anything said or done at a conference held under this
Division).

"(3) Evidence of anything said or done in the course of conciliation
proceedings under this Division (including anything said or done at a
conference held under this Division) is not admissible in subsequent
proceedings under this Part relating to the matter.

"Division 3-Inquiries by Human Rights and Equal Opportunity
Commission Minister may appoint persons to participate in inquiries

"24F. (1) The Minister may appoint a person to participate, in accordance with
this section, in the performance of the functions of the Commission.

"(2) The Minister may, under sub-section (1), appoint such number of persons
as the Minister considers necessary for the purposes of this section.

"(3) A person who holds an appointment under sub-section (1) may, at the
request of the President, participate in the holding of an inquiry under this
Division as if the person were a member of the Commission and, for the
purposes of the application of this Act in relation to the inquiry, the person
shall be deemed to be a member of the Commission.

"(4) A person appointed under sub-section (1)-

   (a)  holds the appointment for such period, not exceeding 5 years, as is
        specified in the instrument of the person's appointment, but is
        eligible for re-appointment; and

   (b)  may resign the appointment by writing signed by the person and
        delivered to the Minister.

"(5) The Minister may-

   (a)  determine the terms and conditions of appointment, including
        remuneration, of a person appointed under sub-section (1); and

   (b)  at any time terminate such an appointment.

"(6) The Minister may, for the purpose of appointing under sub-section (1) a
person who is the holder of a judicial office of a State, enter into such
arrangement with the appropriate Minister of the State as is necessary to
secure that person's services.

"(7) An arrangement under sub-section (6) may provide for the Commonwealth to
reimburse a State with respect to the services of the person to whom the
arrangement relates.

"(8) The appointment under sub-section (1) of the holder of a judicial office,
or service by the holder of a judicial office pursuant to such an appointment,
does not affect the person's tenure of that judicial office or the person's
rank, title, status, precedence, salary, annual or other allowances or other
rights or privileges as the holder of that judicial office and, for all
purposes, the person's service pursuant to such an appointment shall be taken
to be service as the holder of that judicial office.

"(9) Unless the contrary intention appears, in this section-
'judicial office' means-

   (a)  an office of Judge of a court created by the Parliament; or

   (b)  an office the holder of which has, by virtue of holding that office,
        the same status as a Judge of a court created by the Parliament;
'State' includes the Northern Territory. Reference of matter to the Commission
by the Minister

"25. The Minister may refer any matter to the Commission for inquiry as a
complaint under this Part. Inquiries into complaints

"25A. (1) Subject to sub-section (2), the Commission shall hold an inquiry
into each complaint or matter referred to it under sub-section 24 (5) or 24E
(1) or section 25.

"(2) The Commission shall not hold, or shall discontinue, an inquiry into a
complaint or matter referred to it-

   (a)  in the case of a complaint or matter referred to it under sub-section
        24 (5) or 24E (1) - if the complainant notifies the Commission that
        the complainant does not wish the inquiry to be held or to continue;
        or

   (b)  in the case of a matter referred to it under section 25 - if the
        Minister notifies the Commission that the Minister does not wish the
        inquiry to be held or to continue. Exercise of inquiry powers by
        Commission

"25B. (1) Subject to sub-section 20 (2), the powers of the Commission to hold
inquiries under this Act may, if the President so directs, be exercised by a
single member of the Commission who is a legally qualified person, or by 2 or
more members of the Commission, at least one of whom is a legally qualified
person.

"(2) Where the power of the Commission to hold an inquiry is being exercised
by 2 or more members of the Commission-

   (a)  if only one of those members is a legally qualified person - that
        member shall preside; or

   (b)  if 2 or more of those members are legally qualified persons-

        (i)    if one of those persons is the President - the President shall
               preside; or

        (ii)   in any other case - those members shall elect one of those
               persons to preside.

"(3) In this section, 'legally qualified person' means a person who-

   (a)  is or has been a Judge of a court created by the Parliament or of a
        court of a State or a person who has the same designation and status
        as a Judge of a court created by the Parliament; or

   (b)  is enrolled as a barrister or solicitor, as a barrister and solicitor,
        or as a legal practitioner, of the High Court, of another federal
        court or of the Supreme Court of a State or Territory. Single inquiry
        in relation to several complaints

"25C. Where the Commission is of the opinion that 2 or more complaints arise
out of the same or substantially the same circumstances or subject-matter, it
may hold a single inquiry in relation to those complaints. Joinder of parties
by the Commission

"25D. Where, before the holding of an inquiry, or at any stage during the
holding of an inquiry, the Commission is of the opinion that a person ought to
be joined as a party to the inquiry, it may, by notice in writing given to
that person, join that person as a party to the inquiry. Notice of inquiry and
rights of parties at inquiry

"25E. (1) The Commission-

   (a)  shall give a party to an inquiry, other than a person to whom the
        Commission grants leave to appear as a party to the inquiry, such
        notice in such manner as the Commission determines of the time and
        place at which it intends to hold the inquiry; and

   (b)  shall give each party to an inquiry reasonable opportunity to call or
        give evidence, examine or cross-examine witnesses and make submissions
        to the Commission.

"(2) If a party to an inquiry to whom notice has been given under paragraph
(1) (a) fails to attend at the time and place specified for the inquiry, the
Commission may hold the inquiry in the absence of that party. Parties to an
inquiry

"25F. The parties to an inquiry shall be the complainant, the respondent, any
person joined by the Commission as a party to the inquiry and any person to
whom the Commission grants leave to appear as a party to the inquiry. Right of
appearance and to representation

"25G. (1) A party to an inquiry-

   (a)  shall appear personally or, where the party is a body of persons,
        whether corporate or unincorporate, by an officer, employee or agent
        of the body; and

   (b)  may-

        (i)    if the Commission has made arrangements under sub-section 25K
               (1) for counsel to appear at the inquiry to assist the
               Commission; or

        (ii)   in any other case - with the leave of the Commission, be
               represented by a solicitor or counsel or an agent.

"(2) A person, other than a solicitor or counsel, is not entitled to demand or
receive any fee or reward for representing a party to an inquiry. Inquiries
may be held in private

"25H. (1) Subject to sub-section (2), an inquiry shall be held in public.

"(2) The Commission may, of its own motion or on the application of a party to
the inquiry, if it is satisfied that it is appropriate to do so, direct that
an inquiry, or a part of an inquiry, be held in private. Commission may
prohibit publication of evidence, &c.

"25J. (1) The Commission may direct that-

   (a)  any evidence given before it;

   (b)  the contents of any document produced to the Commission; or

   (c)  any information that might enable a person who has appeared before the
        Commission to be identified, shall not be published, or shall not be
        published except in such manner, and to such persons, as the
        Commission specifies.

"(2) Nothing in this section shall be taken to derogate from the Commission's
powers under section 25H. Counsel assisting the Commission

"25K. (1) The Commission may make arrangements for counsel to appear at an
inquiry to assist the Commission.

"(2) Counsel assisting the Commission at an inquiry pursuant to arrangements
made under sub-section (1) shall, in relation to that inquiry, be subject to
the control and direction of the Commission. Determination of representative
complaints

"25L. At an inquiry held in respect of a complaint that appears to the
Commission to be a representative complaint, the Commission shall determine,
as a preliminary matter, whether that complaint should be dealt with as a
representative complaint. Matters to be considered in determination of
representative complaints

"25M. (1) The Commission shall not deal with a complaint as a representative
complaint unless it is satisfied that the complaint was made on behalf of
persons other than the complainant in good faith.

"(2) In considering whether a complaint was made on behalf of persons other
than the complainant in good faith, the Commission shall satisfy itself-

   (a)  that-

        (i)    the complainant is a member of a class of persons, the members
               of which class have been affected, or may reasonably be likely
               to be affected, by the conduct of the respondent;

        (ii)   the complainant has in fact been affected by the conduct of the
               respondent;

        (iii)  the class is so numerous that joinder of all its members is
               impracticable;

        (iv)   there are questions of law or fact common to all members of the
               class;

        (v)    the claims of the complainant are typical of the claims of the
               class;

        (vi)   multiple complaints would be likely to produce varying
               determinations that could have incompatible or inconsistent
               results for the individual members of the class; and

        (vii)  the respondent has acted on grounds apparently applying to the
               class as a whole, thereby making relief appropriate for the
               class as a whole; or

   (b)  that, notwithstanding that the requirements of paragraph (a) have not
        been satisfied, the justice of the case demands that the matter be
        dealt with and a remedy provided by means of a representative
        complaint. Amendment of representative complaints

"25N. (1) Where the Commission is satisfied that a complaint could be dealt
with as a representative complaint if the class of persons on whose behalf
that complaint is lodged is increased, reduced or otherwise altered, the
Commission may amend the complaint so that the complaint can be dealt with as
a representative complaint.

"(2) Where the Commission is satisfied that a complaint has been wrongly made
as a representative complaint, the Commission may amend the complaint by
removing the names of the persons or the description of the class of persons
on whose behalf the complaint was lodged so that the complaint can be dealt
with as a complaint other than a representative complaint. Ordinary complaints
not precluded by representative complaints

"25P. Nothing in this Part prevents a person from lodging a complaint, other
than a representative complaint, under section 22, notwithstanding that the
conduct in respect of which the complaint is lodged is also the conduct in
respect of which a representative complaint has been lodged. Resolution of
complaint by conciliation

"25Q. The Commission-

   (a)  may endeavour, by all such means as to it seem reasonable, to resolve
        a complaint the subject of an inquiry by conciliation; and

   (b)  shall take all such steps as to it seem reasonable to effect an
        amicable settlement of a complaint the subject of an inquiry and for
        this purpose may adjourn an inquiry at any stage to enable the parties
        to negotiate with a view to settlement of the complaint by amicable
        arrangements. Evidence and findings in other proceedings

"25R. In the course of an inquiry, the Commission may, in its discretion-

   (a)  receive in evidence the transcript of evidence in any proceedings
        before a court or tribunal and draw any conclusions of fact from that
        transcript that it considers proper;

   (b)  adopt any findings, decision or judgment of a court or tribunal that
        may be relevant to the inquiry; and

   (c)  receive in evidence any report of the Commissioner if a copy of that
        report has been made available to every other party to the inquiry.
        Powers of Commission to take evidence

"25S. (1) The Commission may take evidence on oath or affirmation and for that
purpose a member of the Commission may administer an oath or affirmation.

"(2) A member of the Commission may summon a person to appear before the
Commission to give evidence and to produce such documents (if any) as are
referred to in the summons.

"(3) A person to whom an inquiry under this Part relates or who is a party to
proceedings before the Commission may call witnesses.

"(4) A person appearing as a witness before the Commission may be examined,
cross-examined and re-examined. Fees for witnesses

"25T. (1) A person summoned to appear before the Commission is entitled to be
paid, in respect of the person's attendance, fees, and allowances for
expenses, fixed by or in accordance with the regulations.

"(2) Subject to sub-section (3), the fees and allowances shall be paid-

   (a)  in a case where the person was summoned at the request of a person
        other than the Commonwealth - by the person who made the request; or

   (b)  in any other case - by the Commonwealth.

"(3) The Commission may, in its discretion, order that the fees and allowances
payable to a person summoned as mentioned in paragraph (2) (a) shall be paid,
in whole or in part, by the Commonwealth. Retention and copying of documents

"25U. The Commission may retain for a reasonable period and may make copies
of, or of part of, any documents produced to the Commission in the course of
any inquiry or proceedings. Application of rules of evidence, &c.

"25V. (1) For the purposes of an inquiry, the Commission-

   (a)  is not bound by the rules of evidence and may inform itself on any
        matter in such manner as it thinks fit;

   (b)  shall conduct the inquiry with as little formality and technicality,
        and with as much expedition, as the requirements of this Act and a
        proper consideration of the matters before the Commission permit; and

   (c)  may give directions relating to procedure that, in its opinion, will
        enable costs or delay to be reduced and will help to achieve a prompt
        hearing of the matters at issue between the parties.

"(2) The member conducting, or presiding at, an inquiry shall determine any
question relating to the admissibility of evidence and any other question of
law or procedure. Consideration of exceptions and exemptions

"25W. In determining whether an act is unlawful by reason of a provision of
Part II, the Commission is not required to have regard to any exception or
exemption provided for in that Part unless there is evidence before the
Commission that the exception or exemption is or may be applicable in relation
to that act. Commission may dismiss frivolous, &c., complaints

"25X. Where, at any stage of an inquiry, the Commission is satisfied that a
complaint is frivolous, vexatious, misconceived, lacking in substance or
relates to an act that is not unlawful by reason of a provision of Part II, it
may dismiss the complaint. Making of interim determination

"25Y. (1) The Commission, or, where the President is of the opinion that it is
expedient that the President alone should perform the functions of the
Commission under this section, the President, may, on the application of the
Commissioner under section 24A or on the application of a party to an inquiry
at any time after the lodgement of the complaint into which that inquiry is
held, make an interim determination of such a nature as would, if it were
binding and conclusive upon the parties, preserve-

   (a)  the status quo between the parties to the complaint; or

   (b)  the rights of the parties to the complaint, pending completion of the
        matter the subject of the complaint.

"(2) An interim determination under sub-section (1) is not binding or
conclusive between any of the parties to the determination. Determination or
other decision of the Commission

"25Z. (1) After holding an inquiry, the Commission may-

   (a)  dismiss the complaint the subject of the inquiry; or

   (b)  find the complaint substantiated and make a determination, which may
        include any one or more of the following:

        (i)    a declaration that the respondent has engaged in conduct
               rendered unlawful by this Act and should not repeat or continue
               such unlawful conduct;

        (ii)   a declaration that the respondent should perform any reasonable
               act or course of conduct to redress any loss or damage suffered
               by the complainant;

        (iii)  a declaration that the respondent should employ or reemploy the
               complainant;

        (iv)   except where the complaint was dealt with as a representative
               complaint - a declaration that the respondent should pay to the
               complainant damages by way of compensation for any loss or
               damage suffered by reason of the conduct of the respondent;

        (v)    a declaration that the respondent should promote the
               complainant;

        (vi)   a declaration that the termination of a contract or agreement
               should be varied to redress any loss or damage suffered by the
               complainant;

        (vii)  a declaration that it would be inappropriate for any further
               action to be taken in the matter.

"(2) A determination of the Commission under sub-section (1) is not binding or
conclusive between any of the parties to the determination.

"(3) The Commission may, in the making of a determination under sub-section
(1), state any findings of fact upon which the determination is based.

"(4) The damage referred to in paragraph (1) (b) includes injury to the
complainant's feelings or humiliation suffered by the complainant. Proceedings
in Federal Court

"25ZA. (1) The Commission or complainant may institute a proceeding in the
Federal Court for an order to enforce a determination made pursuant to
sub-section 25Y (1) or 25Z (1).

"(2) Where the Federal Court is satisfied that the respondent has engaged in
conduct or committed an act that is unlawful under this Act, the Federal Court
may make such orders (including a declaration of right) as the Federal Court
thinks fit.

"(3) Orders made by the Federal Court under sub-section (2) may give effect to
a determination of the Commission. Assistance in proceedings before Commission

"25ZB. (1) Where-

   (a)  a person has made a complaint in respect of which the Commission has
        held an inquiry under section 25A and the Commission has found the
        complaint to be substantiated; or

   (b)  a person has done or is alleged to have done an act in respect of
        which an inquiry has been held by the Commission under section 25A and
        the Commission dismisses the complaint the subject of the inquiry, the
        Commission may, in its discretion, recommend to the Attorney-General
        that assistance be given to the person in respect of expenses incurred
        by the person in connection with the inquiry.

"(2) Where a recommendation is made by the Commission under sub-section (1) in
relation to a person, the Attorney-General may authorise the provision by the
Commonwealth to that person, either unconditionally or subject to such
conditions as the Attorney-General determines, of such financial assistance in
respect of expenses incurred by the person in connection with the inquiry as
the Attorney-General determines. Assistance in proceedings before Federal
Court

"25ZC. (1) A person who-

   (a)  has instituted or proposes to institute a proceeding before the
        Federal Court under section 25ZA; or

   (b)  has done or is alleged to have done an act in respect of which a
        proceeding has been instituted in the Federal Court under section
        25ZA, may apply to the Attorney-General for the provision of
        assistance under this section in respect of the proceeding.

"(2) Where an application is made by a person under sub-section (1) and the
Attorney-General is satisfied that it would involve hardship to that person to
refuse the application and that, in all the circumstances, it is reasonable
that the application be granted, the Attorney-General may authorise the
provision by the Commonwealth to that person, either unconditionally or
subject to such conditions as the Attorney-General determines, of such legal
or financial assistance in respect of the proceedings as the Attorney-General
determines.".