2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to amend legislation relating to the Human Rights Commission, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Human Rights Commission Legislation Amendment Act 2009.

This Act commences on the 7th day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This part amends the Discrimination Act 1991.

(c) gender identity;

(k) industrial activity;

(c) gender identity;

(iii) gender identity;

(ia) made a discrimination complaint; or

(ib) given information or produced a document or other thing to a person exercising a discrimination function; or

(ic) given information, produced a document or thing or answered a question when required to do so under the HRC Act in relation to a discrimination complaint; or

(3) In this section:

discrimination complaint means a complaint under the HRC Act about an unlawful act under this Act, part 3 (Unlawful discrimination), part 5 (Sexual harassment), section 66 (Unlawful vilification—race, sexuality etc) or this part.

discrimination function means a function under the HRC Act in relation to a discrimination complaint.

HRC Act means the Human Rights Commission Act 2005.

gender identity means—

(a) the identification on a genuine basis by a person of one sex as a member of the other sex (whether or not the person is recognised as such)—

(i) by assuming characteristics of the other sex, whether by way of medical intervention, style of dressing or otherwise; or

(ii) by living, or seeking to live, as a member of the other sex; or

(b) the identification on a genuine basis by a person of indeterminate sex as a member of a particular sex (whether or not the person is recognised as such)—

(i) by assuming characteristics of that sex, whether by way of medical intervention, style of dressing or otherwise; or

(ii) by living, or seeking to live, as a member of that sex.

industrial activity means any of the following:

(a) being or not being a member of, or joining, not joining or refusing to join, an industrial organisation or industrial association;

(b) establishing or being involved in establishing an industrial organisation or forming or being involved in forming an industrial association;

(c) organising or promoting or proposing to organise or promote a lawful activity on behalf of an industrial organisation or industrial association;

(d) encouraging, assisting, participating in or proposing to encourage, assist or participate in a lawful activity organised or promoted by an industrial organisation or industrial association;

(e) not participating in or refusing to participate in a lawful activity organised or promoted by an industrial organisation or industrial association;

(f) representing or advancing the views, claims or interests of members of an industrial organisation or industrial association.

industrial association—

(a) means a group of employees or employers formed formally or informally to represent or advance the views, claims or interests of the employees or employers in a particular industry, trade, profession, business or employment; but

(b) does not include an industrial organisation.

industrial organisation means any of the following that is registered or recognised under the law of the Commonwealth, a State or another Territory:

(a) an organisation of employees;

(b) an organisation of employers;

(c) any other organisation established for the purposes of people who carry on a particular industry, trade, profession, business or employment.

This part amends the Health Professionals Act 2004.

Note 2 In this division, report does not include a complaint made under the Human Rights Commission Act 2005 that is referred to a health profession board by the commission (see dict, def report).

report—

(a) means a report under division 9.2; and

(b) except in division 9.2—includes a complaint made under the Human Rights Commission Act 2005 that is referred to a health profession board by the commission.

This part amends the Human Rights Commission Act 2005.

(e) tell the complainant, in writing, how consideration of the complaint by the commission is progressing not later than—

(i) 6 weeks after the last time the commission told the complainant, in writing, (by a progress report) about the complaint’s progress; or

(ii) if the latest progress report includes a statement to the effect that, for stated reasons, a further progress report will not be provided until a stated time or event—the time or the happening of the event stated in the latest progress report; and

1 A complainant tells the commission that she is going overseas for 3 months. The commission may tell the complainant that the next progress report will not be given until the complainant returns from overseas and notifies the commission.

2 The commission decides that it cannot consider a complaint further until an expert report about the complainant’s medical condition is provided. The commission may tell the complainant that the next progress report will not be given until 1 week after the commission receives the expert report.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(d) the complainant withdraws the complaint, whether in writing or otherwise, before notice of the complaint has been given to the person complained about.

(1) This section applies if the commission is considering a complaint, and is satisfied on reasonable grounds that—

(a) the complaint should have been made against someone (the new person) other than the person complained about; or

(b) the complaint could have been made by the complainant against someone else (also the new person) as well as the person complained about.

(2) The commission may, by written notice given to the complainant and the new person, elect to treat the new person as a person complained about in the complaint.

(3) If the commission elects to treat the new person as a person complained about in the complaint—

(a) the new person is taken to be a person complained about in the complaint for this Act and related Acts; and

(b) the complaint is taken to have been made against the new person at the time the commission elected to treat the new person as a person complained about.

(4) Also, the commission must take reasonably practicable steps to ensure that the new person is not disadvantaged only because the commission elected to treat the person as a person complained about in the complaint rather than waiting for a new complaint to be made about the person.

(1) This section applies if—

(a) the commission receives a complaint about a registered health professional; or

(b) as part of a complaint about a health service, the commission considers a registered health professional’s behaviour.

(4) This section also applies if—

(a) before the commencement day the commission received a complaint; and

(b) immediately before the commencement day the complaint had not been closed; and

(c) if the complaint had been received on or after the commencement day, the commission would have been required to give a copy of the complaint, and all documents it has or gets relating to the complaint, to the health profession board; and

(d) the commission has not given the complaint, or documents, to the board.

(5) The commission must give the health profession board a copy of—

(a) the complaint; and

(b) all documents it has relating to the complaint.

(6) Subsections (4) and (5) and this subsection expire 3 months after the commencement day.

Civil proceedings do not lie against a person in relation to loss, damage or injury of any kind suffered by another person as a result of any of the following things done honestly and without recklessness:

(a) the making of a complaint;

(b) the making of a statement, or the giving of a document or information, for this Act, to a commissioner or a member of staff of the commission.

This part amends the Mental Health (Treatment and Care) Act 1994.

Presentation speech made in the Legislative Assembly on 2009.

Notified under the Legislation Act on 2009.

For the latest republication of amended laws, see www.legislation.act.gov.au.