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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Equal Opportunity Amendment Bill 2011
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Long title amended 2
5. Section 3 amended 2
6. Section 4 amended 2
7. Part III heading replaced 3
Part III -- Racial discrimination, harassment and
offensive behaviour
8. Part 3 Division 3B inserted 3
Division 3B -- Racially offensive behaviour
49E. Racially offensive behaviour 3
49F. Exceptions 4
9. Section 80 amended 5
10. Section 83 amended 6
11. Section 89 amended 7
12. Section 114 amended 8
13. Section 115 amended 8
14. Section 116 amended 8
15. Section 117 amended 9
16. Section 126 amended 9
17. Section 127 amended 10
212 -- 1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mr Hyde, MLA)
Equal Opportunity Amendment Bill 2011
A Bill for
An Act to amend the Equal Opportunity Act 1984 and for related
purposes.
The Parliament of Western Australia enacts as follows:
page 1
Equal Opportunity Amendment Bill 2011
s. 1
1 1. Short title
2 This is the Equal Opportunity Amendment Act 2011.
3 2. Commencement
4 This Act comes into operation on the day on which it receives
5 the Royal Assent.
6 3. Act amended
7 This Act amends the Equal Opportunity Act 1984.
8 4. Long title amended
9 In the long title delete "grounds." and insert:
10
11 grounds, and in respect of racially offensive behaviour.
12
13 5. Section 3 amended
14 After section 3(b) insert:
15
16 (ca) to eliminate, so far as is possible, racially
17 offensive behaviour in public; and
18
19 6. Section 4 amended
20 In section 4(1) --
21 (a) in paragraph (a) of the definition of complaint delete
22 "representative" and insert:
23
24 group
25
26 (b) delete the definition of representative complaint
page 2
Equal Opportunity Amendment Bill 2011
s. 7
1 (c) insert in alphabetical order:
2
3 group complaint means a complaint lodged under
4 section 83(1)(a) or (b) or (1a) by a person on behalf of
5 the person and other persons or by 2 or more persons
6 on behalf of themselves and other persons, but does not
7 include such a complaint after it has been amended by
8 the Tribunal under section 116(b);
9
10 7. Part III heading replaced
11 Repeal the heading to Part III and insert:
12
13 Part III -- Racial discrimination, harassment
14 and offensive behaviour
15
16 8. Part 3 Division 3B inserted
17 After section 49D insert:
18
19 Division 3B -- Racially offensive behaviour
20 49E. Racially offensive behaviour
21 (1) It is unlawful for a person to do any act, otherwise than
22 in private, that is reasonably likely to offend, insult,
23 humiliate or intimidate another person on the ground
24 of --
25 (a) the race; or
26 (b) a characteristic that appertains generally to
27 persons of the race; or
28 (c) a characteristic that is generally imputed to
29 persons of the race,
page 3
Equal Opportunity Amendment Bill 2011
s. 8
1 of that other person or of a relative or associate of that
2 other person.
3 (2) Conduct is taken not to occur in private if it --
4 (a) consists of any form of communication with the
5 public or a section of the public; or
6 (b) occurs in a public place or in the sight or
7 hearing of people who are in a public place.
8 (3) In subsection (2) --
9 public place includes a place to which the public or a
10 section of the public has access, or is expressly or
11 impliedly permitted to have access, whether on
12 payment or not.
13 49F. Exceptions
14 Nothing in section 49E renders it unlawful to do an act
15 reasonably and in good faith --
16 (a) in the performance, exhibition or distribution of
17 an artistic work; or
18 (b) in the course of a statement, publication,
19 discussion or debate made or held for --
20 (i) a genuine academic, artistic or scientific
21 purpose; or
22 (ii) any other genuine purpose in the public
23 interest;
24 or
25 (c) in making or publishing --
26 (i) a fair and accurate report of; or
27 (ii) a fair comment that is an expression of a
28 genuine belief held by the person
29 making the comment in relation to,
30 an event or matter of public interest.
31
page 4
Equal Opportunity Amendment Bill 2011
s. 9
1 9. Section 80 amended
2 In section 80 --
3 (a) delete "age eliminating" and insert:
4
5 age, eliminating
6
7 (b) after "accommodation," insert:
8
9 eliminating, as far as possible, racially offensive
10 behaviour in public,
11
12 (c) in paragraph (a) delete "discrimination or sexual or
13 racial harassment" and insert:
14
15 discrimination, sexual or racial harassment or racially
16 offensive behaviour
17
18 (d) after paragraph (b)(ii) insert:
19
20 (iiia) elimination of racially offensive
21 behaviour in public; and
22
23 (e) in paragraph (e) delete "harassment; and" and insert:
24
25 harassment, and means of eliminating racially offensive
26 behaviour in public; and
27
28 (f) after each of paragraphs (g)(i) and (ii) insert:
29
30 and
31
page 5
Equal Opportunity Amendment Bill 2011
s. 10
1 10. Section 83 amended
2 (1) In section 83(1)(c) delete "persons." and insert:
3
4 persons; or
5 (d) in the case of an alleged contravention of
6 section 49E and subject to subsection (4A), a
7 representative body on behalf of one or more
8 named members of the affected racial group.
9
10 (2) In section 83(3) --
11 (a) after "subsection (1)" insert:
12
13 (a) or (b)
14
15 (b) delete "representative" in both places where it occurs
16 and insert:
17
18 group
19
20 (3) After section 83(3) insert:
21
22 (4A) A complaint cannot be lodged under subsection (1)(d)
23 unless --
24 (a) each person named in the complaint has
25 consented to the complaint being made on his
26 or her behalf; and
27 (b) the act the subject of the alleged contravention
28 is a matter of genuine concern to the body
29 because of the way acts of that kind affect, or
30 may affect, the people the promotion of whose
31 interests or welfare is the body's primary
32 purpose.
page 6
Equal Opportunity Amendment Bill 2011
s. 11
1
2 (4) Repeal section 83(6) and insert:
3
4 (6) In this section --
5 affected racial group, in relation to an alleged
6 contravention of section 49E, means the class of
7 persons it is alleged are likely to be offended, insulted,
8 humiliated or intimidated by the act the subject of the
9 alleged contravention;
10 representative body, in relation to an alleged
11 contravention of section 49E, means a body (whether
12 incorporated or not) that has as its primary purpose the
13 promotion of the interests or welfare of people who
14 are, or include, members of the affected racial group;
15 trade union means an organisation of employees or an
16 organisation of employers.
17
18 11. Section 89 amended
19 In section 89(1) --
20 (a) delete "substance or" and insert:
21
22 substance,
23
24 (b) delete "Act," and insert:
25
26 Act or, in the case of a complaint lodged under
27 section 83(1)(d), is made in contravention of
28 section 83(4A),
29
page 7
Equal Opportunity Amendment Bill 2011
s. 12
1 12. Section 114 amended
2 In section 114 delete "representative" in both places where it
3 occurs and insert:
4
5 group
6
7 13. Section 115 amended
8 (1) In section 115(1) --
9 (a) insert after "permit a complaint":
10
11 lodged under section 83(1)(a) or (b) or (1a)
12
13 (b) delete "representative" in both places where it occurs
14 and insert:
15
16 group
17
18 (2) In section 115(2) --
19 (a) insert after "In considering":
20
21 under subsection (1)
22
23 (b) delete "representative" in both places where it occurs
24 and insert:
25
26 group
27
28 14. Section 116 amended
29 In section 116 --
30 (a) insert after "Where":
page 8
Equal Opportunity Amendment Bill 2011
s. 15
1
2 , having considered a complaint under section 115,
3
4 (b) in paragraphs (a) and (b) delete "representative" in each
5 place where it occurs and insert:
6
7 group
8
9 15. Section 117 amended
10 In section 117 --
11 (a) delete "representative" in the first place where it occurs
12 and insert:
13
14 group
15
16 (b) delete "representative complaint" in the second place
17 where it occurs and insert:
18
19 group complaint or a complaint under section 83(1)(d)
20
21 16. Section 126 amended
22 (1) In section 126 --
23 (a) before "The Tribunal" insert the subsection designation
24 "(1)";
25 (b) delete "a party to an investigation at any time after the
26 lodging of the complaint into which that investigation is
27 held," and insert:
28
29 the complainant or respondent to a complaint into which
30 an inquiry is being held,
31
page 9
Equal Opportunity Amendment Bill 2011
s. 17
1 (2) At the end of section 126 insert:
2 (2) In this section --
3 parties, in relation to a group complaint or a complaint
4 lodged under section 83(1)(c) or (d), includes the
5 persons on whose behalf the complaint was made.
6 17. Section 127 amended
7 (1) In section 127(b)(i) --
8 (a) delete "representative" and insert:
9
10 group
11
12 (b) delete "to the complainant"
13 (2) In section 127(b)(iii) --
14 (a) delete "representative" and insert:
15
16 group
17
18 (b) delete "the complainant;" and insert:
19
20 reason of the respondent's conduct;
21
22
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