Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
ANTI-DISCRIMINATION AMENDMENT BILL 2012
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - ANTI-DISCRIMINATION ACT 1998 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 6 amended (Functions of Commissioner)
6. Section 7 amended (Powers of Commissioner)
7. Section 12A inserted
12A. Staff of Tribunal
8. Section 16 amended (Discrimination on ground of attribute)
9. Section 17 amended (Prohibition of certain conduct and sexual
harassment)
10. Section 22 amended (Areas of activity)
11. Part 6, Division 1: Heading amended
12. Section 59A inserted
59A. Interpretation
13. Part 6, Division 1A: Heading inserted
Division 1A - Complaints
14. Section 60 amended (Who may complain)
15. Section 60A inserted
[Bill 45]-I
60A. Appointment of litigation guardian
16. Section 62A inserted
62A. Combining complaints
17. Section 64 amended (Rejection of complaints)
18. Section 65A inserted
65A. Amendment of complaints
19. Section 67 amended (Notification of acceptance of complaints)
20. Section 68 amended (Application to Commissioner to withdraw
complaint)
21. Section 71 amended (Completion of investigation)
22. Section 73 amended (Lapsed complaints)
23. Part 6, Division 3: Heading amended
24. Section 74 substituted
74. Resolution of complaints
25. Section 75 amended (Conciliation conference)
26. Section 75A inserted
75A. Further investigation by Commissioner if no
agreement reached by conciliation
27. Section 78 amended (Referral for inquiry)
28. Section 79 amended (Referral report)
29. Section 79A inserted
79A. Representation in inquiry
30. Section 80 amended (Directions conference)
31. Section 80A inserted
80A. Referral to conciliation of Tribunal
32. Section 82 substituted
82. Representative complaints
33. Section 85 amended (Hearing of inquiry)
34. Section 88 amended (Publication of evidence)
35. Section 89 amended (Orders)
36. Section 94 amended (Conciliation and agreement)
37. Section 96A inserted
96A. Appeal of terms of settlement in relation to
complaint involving children, &c.
2
38. Section 98 amended (Interim orders)
39. Section 98A inserted
98A. Application to Tribunal to withdraw complaint from
inquiry or review
40. Section 99A substituted
99A. Order for costs
41. Section 100 amended (Appeals)
42. Section 101 amended (Proof of exceptions)
43. Section 102 amended (Immunity for complainants and
witnesses)
44. Section 103 amended (Immunities)
45. Section 107A inserted
107A. Publication of decisions
46. Section 109 amended (Regulations)
PART 3 - JUDICIAL REVIEW ACT 2000 AMENDED
47. Principal Act
48. Schedule 2 amended (Enactments that provide for non-review or
limited review of decisions)
PART 4 - PERSONAL INFORMATION PROTECTION ACT 2004
AMENDED
49. Principal Act
50. Section 3 amended (Interpretation)
PART 5 - REPEAL
51. Repeal of Act
3
4
ANTI-DISCRIMINATION AMENDMENT BILL 2012
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
14 November 2012
(Brought in by the Minister for Justice, the Honourable Brian
Neal Wightman)
A BILL FOR
An Act to amend the Anti-Discrimination Act 1998, the
Judicial Review Act 2000 and the Personal Information
Protection Act 2004
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Anti-Discrimination
Amendment Act 2012.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 45] 5
Anti-Discrimination Amendment Act 2012
Act No. of
s. 3 Part 2 - Anti-Discrimination Act 1998 Amended
PART 2 - ANTI-DISCRIMINATION ACT 1998
AMENDED
3. Principal Act
In this Part, the Anti-Discrimination Act 1998* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definitions of child and
club and substituting the following
definitions:
child means a person who has not
attained the age of 18 years and
includes a natural child, adopted
child, stepchild, foster child or
ex-nuptial child;
club means an incorporated or
unincorporated association of at
least 30 persons associated
together for a lawful purpose that
provides and maintains its
facilities, wholly or partly, from
the funds of the association;
(b) by omitting "or" first occurring from
paragraph (a) of the definition of
*No. 46 of 1998
6
Anti-Discrimination Amendment Act 2012
Act No. of
Part 2 - Anti-Discrimination Act 1998 Amended s. 4
competitive sporting activity and
substituting "and";
(c) by inserting the following definition after
the definition of family responsibilities:
gender identity means the gender-
related identity, appearance or
mannerisms or other gender-
related characteristics of an
individual (whether by way of
medical intervention or not), with
or without regard to the
individual's designated sex at
birth, and includes transsexualism
and transgenderism;
(d) by inserting the following definition after
the definition of inquiry:
intersex means the status of having
physical, hormonal or genetic
features that are -
(a) neither wholly female nor
wholly male; or
(b) a combination of female
and male; or
(c) neither female nor male;
(e) by inserting the following definition after
the definition of respondent:
schools system means a number of
educational institutions with a
7
Anti-Discrimination Amendment Act 2012
Act No. of
s. 4 Part 2 - Anti-Discrimination Act 1998 Amended
common governing or
administrative body;
(f) by omitting the definition of sexual
orientation and substituting the following
definition:
sexual orientation includes -
(a) heterosexuality; and
(b) homosexuality; and
(c) bisexuality;
(g) by omitting the definitions of transsexual
and transsexuality and substituting the
following definitions:
transgender means a person who -
(a) does not identify, to
whatever degree, with the
gender identity assigned
them at birth; and
(b) at times, or permanently,
has a gender identity
which might be perceived
as atypical for his or her
birth gender;
transgenderism means the condition
of being a transgender;
transsexual means a person who,
whether or not intersex and
8
Anti-Discrimination Amendment Act 2012
Act No. of
Part 2 - Anti-Discrimination Act 1998 Amended s. 5
having been legally assigned one
gender at birth -
(a) assumes the bodily
characteristics of the other
gender by medical or
other means; or
(b) identifies himself or
herself as a member of the
other gender; or
(c) lives or seeks to live as a
member of the other
gender;
transsexualism means the condition of
being a transsexual;
5. Section 6 amended (Functions of Commissioner)
Section 6(h) of the Principal Act is amended by
omitting "conciliate" and substituting "resolve".
6. Section 7 amended (Powers of Commissioner)
Section 7(a) of the Principal Act is amended by
omitting "conciliation" and substituting
"complaint resolution".
7. Section 12A inserted
After section 12 of the Principal Act, the
following section is inserted in Part 3:
9
Anti-Discrimination Amendment Act 2012
Act No. of
s. 8 Part 2 - Anti-Discrimination Act 1998 Amended
12A. Staff of Tribunal
(1) Subject to and in accordance with the
State Service Act 2000, there is to be
appointed a registrar of the Tribunal and
such other officers as are necessary for
the proper functioning of the Tribunal.
(2) The Secretary of the Department may
appoint a person to be registrar of the
Tribunal and may appoint such other
officers as are necessary for the proper
functioning of the Tribunal, and the
registrar and other officers may hold
office in conjunction with State Service
employment.
(3) The registrar of the Tribunal and any
other officers appointed under this
section are subject to the general control
and direction of the chairperson of the
Tribunal.
8. Section 16 amended (Discrimination on ground of
attribute)
Section 16 of the Principal Act is amended by
inserting after paragraph (e) the following
paragraphs:
(ea) gender identity;
(eb) intersex;
10
Anti-Discrimination Amendment Act 2012
Act No. of
Part 2 - Anti-Discrimination Act 1998 Amended s. 9
9. Section 17 amended (Prohibition of certain conduct
and sexual harassment)
Section 17(1) of the Principal Act is amended by
omitting "section 16(e), (f), (fa), (g), (h), (i) or
(j)" and substituting "section 16".
10. Section 22 amended (Areas of activity)
Section 22(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (f) "on any
ground specified in section 16(e), (f),
(fa), (g), (h), (i) or (j)";
(b) by omitting from paragraph (g) "on any
ground specified in section 16(e), (f),
(fa), (g), (h), (i) or (j)".
11. Part 6, Division 1: Heading amended
Division 1 of Part 6 of the Principal Act is
amended by omitting "Complaints" from the
heading to that Division and substituting
"Interpretation".
12. Section 59A inserted
Before section 60 of the Principal Act, the
following section is inserted in Division 1:
59A. Interpretation
In this Part -
11
Anti-Discrimination Amendment Act 2012
Act No. of
s. 13 Part 2 - Anti-Discrimination Act 1998 Amended
complaint includes a part of a
complaint and, if the complaint
relates to more than one
respondent, any part of the
complaint that relates to a
specific respondent.
13. Part 6, Division 1A: Heading inserted
Part 6 of the Principal Act is amended by
inserting the following heading after section
59A:
Division 1A - Complaints
14. Section 60 amended (Who may complain)
Section 60 of the Principal Act is amended by
inserting after subsection (2) the following
subsections:
(3) The Commissioner may accept a
complaint from a child if the
Commissioner is satisfied that the child
has sufficient maturity to make the
complaint.
(4) A person may not make a complaint on
behalf of another person without the
approval of the Commissioner.
(5) If the Commissioner investigates any
discrimination or prohibited conduct
under subsection (2) -
12
Anti-Discrimination Amendment Act 2012
Act No. of
Part 2 - Anti-Discrimination Act 1998 Amended s. 14
(a) the discrimination or prohibited
conduct is taken to be the subject
of a complaint made by a person;
and
(b) the provisions of this Act have
effect as if the complaint had
been made by a person; and
(c) the Commissioner may pursue the
complaint as if the Commissioner
were the complainant.
(6) If the Commissioner investigates any
discrimination or prohibited conduct in
the circumstances described in
section 68(5) -
(a) the discrimination or prohibited
conduct is taken to be the subject
of a complaint made by the
person; and
(b) the provisions of this Act have
effect as if the complaint had not
been withdrawn by the person;
and
(c) the Commissioner may pursue the
complaint as if the Commissioner
were the complainant.
(7) If the Commissioner investigates any
discrimination or prohibited conduct
pursuant to a complaint made on behalf
of another person in the circumstances
described in subsection (4) -
13
Anti-Discrimination Amendment Act 2012
Act No. of
s. 15 Part 2 - Anti-Discrimination Act 1998 Amended
(a) the discrimination or prohibited
conduct is taken to be the subject
of a complaint made by the
person on whose behalf it is
made; and
(b) the provisions of this Act have
effect as if the complaint had
been made by the person.
15. Section 60A inserted
After section 60 of the Principal Act, the
following section is inserted in Division 1A:
60A. Appointment of litigation guardian
(1) If a child or other person is unable to
make a complaint due to disability, age
or other incapacity, the Commissioner
may appoint a litigation guardian for the
child or other person.
(2) A litigation guardian may make a
complaint on behalf of a child or other
person referred to in subsection (1).
(3) If a litigation guardian has been
appointed on behalf of a child or other
person referred to in subsection (1), the
provisions of this Act apply to the
litigation guardian as if that guardian
were the complainant.
14
Anti-Discrimination Amendment Act 2012
Act No. of
Part 2 - Anti-Discrimination Act 1998 Amended s. 16
16. Section 62A inserted
After section 62 of the Principal Act, the
following section is inserted in Division 1A:
62A. Combining complaints
(1) If -
(a) the Commissioner has received a
complaint, (the original
complaint); and
(b) at any time before an
investigation into the original
complaint has been completed the
Commissioner receives another
complaint (the second complaint)
whether by the person who
lodged the original complaint or
by another person in relation to
the matter to which the original
complaint refers or a matter
related to the original complaint;
and
(c) the Commissioner considers it
administratively or otherwise
convenient to do so -
the Commissioner may determine that
the original complaint and the second
complaint be treated as one complaint.
(2) The Commissioner is not to determine
under subsection (1) that two or more
complaints be treated as one complaint
15
Anti-Discrimination Amendment Act 2012
Act No. of
s. 17 Part 2 - Anti-Discrimination Act 1998 Amended
unless satisfied that any attempt at
resolution, including by conciliation, is
not likely to be prejudiced by the making
of the determination.
(3) On determining under subsection (1) that
two or more complaints be treated as one
complaint, the Commissioner is to notify,
in writing, all parties to all the
complaints of the combining of the
complaints.
17. Section 64 amended (Rejection of complaints)
Section 64(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (g)
"authority." and substituting "authority;
or";
(b) by inserting the following paragraph after
paragraph (g):
(h) in the opinion of the
Commissioner, the complaint
relates to conduct that is within
the scope of an exemption
granted under Division 11 of
Part 5.
18. Section 65A inserted
After section 65 of the Principal Act, the
following section is inserted in Division 1A:
16
Anti-Discrimination Amendment Act 2012
Act No. of
Part 2 - Anti-Discrimination Act 1998 Amended s. 18
65A. Amendment of complaints
(1) At any time before an investigation into a
complaint has been completed -
(a) the person who lodged the
complaint with the Commissioner
may, in writing given to the
Commissioner, amend the
complaint by removing a matter
from it; and
(b) the Commissioner may, in
writing, amend the complaint by
adding or removing a matter from
it or by naming a respondent who
has not been identified in the
complaint or change the name of
a respondent.
(2) Within 14 days of amending a complaint
under subsection (1)(b) or receiving
notice of an amendment under
subsection (1)(a), the Commissioner is
to -
(a) notify, in writing, each party to
the complaint of the amendment;
and
(b) give each party to the complaint a
copy of the amendment or the
complaint as amended.
17
Anti-Discrimination Amendment Act 2012
Act No. of
s. 19 Part 2 - Anti-Discrimination Act 1998 Amended
19. Section 67 amended (Notification of acceptance of
complaints)
Section 67 of the Principal Act is amended by
omitting paragraph (c) and substituting the
following paragraph:
(c) give the respondent a copy of the
complaint and a summary of the
complaint.
20. Section 68 amended (Application to Commissioner
to withdraw complaint)
Section 68 of the Principal Act is amended by
inserting after subsection (6) the following
subsection:
(7) The Commissioner may allow a person
who has withdrawn a complaint
involuntarily to reinstitute the complaint
if the Commissioner considers it is in the
public interest to do so.
21. Section 71 amended (Completion of investigation)
Section 71(1)(a) of the Principal Act is amended
by omitting "section 64(1)(a), (b), (c), (d) or (f)"
and substituting "section 64(1)(a), (b), (c), (d),
(f) or (h)".
18
Anti-Discrimination Amendment Act 2012
Act No. of
Part 2 - Anti-Discrimination Act 1998 Amended s. 22
22. Section 73 amended (Lapsed complaints)
Section 73 of the Principal Act is amended by
inserting "or part of whose complaint" after
"whose complaint".
23. Part 6, Division 3: Heading amended
Division 3 of Part 6 of the Principal Act is
amended by omitting "Conciliation" from the
heading to that Division and substituting
"Resolution of complaints".
24. Section 74 substituted
Section 74 of the Principal Act is repealed and
the following section is substituted:
74. Resolution of complaints
(1) The Commissioner or an authorised
person is to attempt to resolve by
conciliation or in any other way any
complaint that the Commissioner or
authorised person believes may be
resolved in that way.
(2) An attempt to resolve a complaint under
subsection (1) may be undertaken either
before, during or after the investigation
of a complaint.
19
Anti-Discrimination Amendment Act 2012
Act No. of
s. 25 Part 2 - Anti-Discrimination Act 1998 Amended
25. Section 75 amended (Conciliation conference)
Section 75(1) of the Principal Act is amended by
inserting "whether before, during or after the
investigation of the complaint" after "place".
26. Section 75A inserted
After section 75 of the Principal Act, the
following section is inserted in Division 3:
75A. Further investigation by Commissioner if no
agreement reached by conciliation
If a complaint is not resolved before the
Commissioner makes a determination
under section 71(1), the Commissioner or
authorised person may further investigate
the complaint and may direct a person to
take part in a further conciliation
conference at a specified time and place.
27. Section 78 amended (Referral for inquiry)
Section 78 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) The Commissioner may decline to refer a
complaint to the Tribunal and dismiss the
complaint if the complainant has, in the
opinion of the Commissioner, failed to
pursue the complaint or the resolution of
the complaint.
20
Anti-Discrimination Amendment Act 2012
Act No. of
Part 2 - Anti-Discrimination Act 1998 Amended s. 28
28. Section 79 amended (Referral report)
Section 79 of the Principal Act is amended as
follows:
(a) by inserting the following paragraphs
after paragraph (a) in subsection (3):
(ab) a description of the complaint;
(ac) any amendments that were made
to the complaint;
(b) by omitting from subsection (3)(f)
"provided." and substituting "provided;";
(c) by inserting the following paragraphs
after paragraph (f) in subsection (3):
(g) any material evidence to
substantiate the complaint or to
support the position of the
respondent;
(h) attempts at resolving the
complaint by conciliation,
excluding details of the matters
discussed during the attempts.
(d) by inserting in subsection (4) "or other
complaints resolution" after
"conciliation".
29. Section 79A inserted
After section 79 of the Principal Act, the
following section is inserted in Division 4:
21
Anti-Discrimination Amendment Act 2012
Act No. of
s. 30 Part 2 - Anti-Discrimination Act 1998 Amended
79A. Representation in inquiry
(1) At any stage during the hearing of an
inquiry, the Tribunal may permit a party
to be represented or accompanied by
another person and may withdraw that
permission.
(2) A party may be represented or
accompanied by another person in an
inquiry only with the permission of the
Tribunal.
(3) If the Tribunal gives permission for one
party to be accompanied or represented
by another person at the hearing of an
inquiry, any other party taking part in the
hearing may also be accompanied or
represented by another person.
30. Section 80 amended (Directions conference)
Section 80(4) of the Principal Act is amended by
inserting ", without reasonable excuse," after
"not".
31. Section 80A inserted
After section 80 of the Principal Act, the
following section is inserted in Division 4:
80A. Referral to conciliation of Tribunal
The Tribunal may refer a matter for
conciliation or other means of resolution
22
Anti-Discrimination Amendment Act 2012
Act No. of
Part 2 - Anti-Discrimination Act 1998 Amended s. 32
either before an inquiry is commenced or
during an inquiry.
32. Section 82 substituted
Section 82 of the Principal Act is repealed and
the following section is substituted:
82. Representative complaints
The Tribunal may deal with a complaint
as a representative complaint if satisfied
that -
(a) the complaint was made by a
person or an agent of a person
who is a member of a class of
persons against whom the alleged
similar discrimination or
prohibited conduct was directed
on behalf of that class; and
(b) the majority of members of that
class of persons consent, or are
likely to consent, to the complaint
being dealt with as a
representative complaint.
33. Section 85 amended (Hearing of inquiry)
Section 85 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "An
inquiry" and substituting "The hearing of
an inquiry";
23
Anti-Discrimination Amendment Act 2012
Act No. of
s. 34 Part 2 - Anti-Discrimination Act 1998 Amended
(b) by omitting subsections (2) and (3).
34. Section 88 amended (Publication of evidence)
Section 88(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (c)
"published." and substituting "published;
and";
(b) by inserting the following paragraph after
paragraph (c):
(d) the name of a child or
information that might enable a
child to be identified is not to be
published.
35. Section 89 amended (Orders)
Section 89 of the Principal Act is amended by
inserting after subsection (4) the following
subsection:
(5) The Tribunal, on completion of an
inquiry, may order that a trust fund under
the control of the Public Trustee be
established into which a specified sum is
to be paid if the persons referred to in
subsection (4)(a) cannot be identified.
24
Anti-Discrimination Amendment Act 2012
Act No. of
Part 2 - Anti-Discrimination Act 1998 Amended s. 36
36. Section 94 amended (Conciliation and agreement)
Section 94(1) of the Principal Act is amended by
inserting "as if the Tribunal were the
Commissioner" after "conference".
37. Section 96A inserted
Before section 97 of the Principal Act, the
following section is inserted in Division 5:
96A. Appeal of terms of settlement in relation to
complaint involving children, &c.
If the complainant and the respondent
agree to settle a complaint which
involves children or persons who do not
have the capacity to approve a settlement
by reason of a disability -
(a) after the complaint is accepted by
the Commissioner or authorised
person, the Commissioner is to
approve the terms of the
settlement only if the
Commissioner considers that the
terms are satisfactory; and
(b) after the complaint has been
referred for inquiry, the Tribunal
is to approve the terms of the
settlement only if the Tribunal
considers that the terms are
satisfactory.
25
Anti-Discrimination Amendment Act 2012
Act No. of
s. 38 Part 2 - Anti-Discrimination Act 1998 Amended
38. Section 98 amended (Interim orders)
Section 98 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsections:
(1) The Tribunal at any stage of the inquiry
into a complaint that has been referred to
it may make an interim order pending the
completion of the inquiry.
(1A) The Tribunal, on the application of the
Commissioner, at any stage of the
investigation, conciliation or other
resolution of a complaint may make an
interim order pending the completion of
the investigation or conciliation.
39. Section 98A inserted
After section 98 of the Principal Act, the
following section is inserted in Division 5:
98A. Application to Tribunal to withdraw
complaint from inquiry or review
(1) A complainant may apply to the Tribunal
to withdraw a complaint from inquiry or
review.
(2) The Tribunal, after considering an
application under subsection (1), may
approve the withdrawal of the complaint
from inquiry or review.
(3) A complainant whose application to
withdraw a complaint from inquiry or
26
Anti-Discrimination Amendment Act 2012
Act No. of
Part 2 - Anti-Discrimination Act 1998 Amended s. 40
review has been approved by the
Tribunal is not entitled to make another
complaint or to apply for an application
for review in relation to the same matter
without the permission of the Tribunal.
(4) The withdrawal of a complaint does not
prevent the Tribunal from conducting an
inquiry in relation to the complaint or the
Commissioner from investigating the
complaint under section 69 if satisfied
that -
(a) the complaint was not withdrawn
voluntarily; or
(b) it is in the public interest to do so.
40. Section 99A substituted
Section 99A of the Principal Act is repealed and
the following section is substituted:
99A. Order for costs
(1) The Tribunal may make an order as to
costs in relation to any inquiry or review
before it if the Tribunal considers
circumstances justify the order.
(2) Without limiting subsection (1), the
Tribunal may make an order that a
party's representative at any inquiry or
review before it pay all or part of the
costs of the inquiry or review.
27
Anti-Discrimination Amendment Act 2012
Act No. of
s. 41 Part 2 - Anti-Discrimination Act 1998 Amended
(3) The Tribunal may make an order that
costs in relation to an inquiry or review
before it be taxed by a district registrar of
the Magistrates Court (Civil Division),
the registrar of the Tribunal or such other
person as the Tribunal considers
appropriate.
(4) The provisions of Division 2 of Part 9 of
the Magistrates Court (Civil Division)
Rules 1998 apply to the taxation of costs
referred to in subsection (3) as if
references to an action were read as
references to an inquiry or review.
41. Section 100 amended (Appeals)
Section 100 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
(2) A person may appeal to the Supreme
Court against a decision under
section 78(4) or a dismissal under
section 99 within 28 days after the
decision or dismissal was made.
42. Section 101 amended (Proof of exceptions)
Section 101 of the Principal Act is amended by
omitting "or exemption" twice occurring.
28
Anti-Discrimination Amendment Act 2012
Act No. of
Part 2 - Anti-Discrimination Act 1998 Amended s. 43
43. Section 102 amended (Immunity for complainants
and witnesses)
Section 102 of the Principal Act is amended by
omitting "person" third occurring and
substituting "person in good faith".
44. Section 103 amended (Immunities)
Section 103(1) of the Principal Act is amended
as follows:
(a) by omitting "Commissioner and" and
substituting "Commissioner,";
(b) by inserting "and any other person" after
"Tribunal";
(c) by omitting "of their respective offices"
and substituting "under this Act".
45. Section 107A inserted
After section 107 of the Principal Act, the
following section is inserted in Part 7:
107A. Publication of decisions
(1) The Tribunal may publish any of its
decisions, including decisions made at a
directions conference referred to in
section 80.
(2) In publishing a decision under
subsection (1) other than a decision made
at an inquiry held in public under
29
Anti-Discrimination Amendment Act 2012
Act No. of
s. 46 Part 2 - Anti-Discrimination Act 1998 Amended
section 85(1), the Tribunal is to ensure
that the identities of the parties to the
complaint to which the decision relates
are protected.
46. Section 109 amended (Regulations)
Section 109 of the Principal Act is amended by
inserting after subsection (1A) the following
subsection:
(1B) Without limiting the generality of
subsection (1), regulations may be made
in respect of -
(a) the referral of complaints from
the Commissioner to the
Tribunal; and
(b) the review of rejected complaints;
and
(c) the hearing and determinations of
an inquiry; and
(d) any matter relating to the process
and procedure of any of the
matters referred to in
paragraphs (a), (b) and (c).
30
Anti-Discrimination Amendment Act 2012
Act No. of
Part 3 - Judicial Review Act 2000 Amended s. 47
PART 3 - JUDICIAL REVIEW ACT 2000 AMENDED
47. Principal Act
In this Part, the Judicial Review Act 2000* is
referred to as the Principal Act.
48. Schedule 2 amended (Enactments that provide for
non-review or limited review of decisions)
Schedule 2 to the Principal Act is amended by
inserting before clause 1 the following item:
1AA. Anti-Discrimination Act 1998
*No. 54 of 2000
31
Anti-Discrimination Amendment Act 2012
Act No. of
s. 49 Part 4 - Personal Information Protection Act 2004 Amended
PART 4 - PERSONAL INFORMATION PROTECTION
ACT 2004 AMENDED
49. Principal Act
In this Part, the Personal Information Protection
Act 2004* is referred to as the Principal Act.
50. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
inserting after paragraph (m) in the definition of
law enforcement agency the following
paragraph:
(ma) the Anti-Discrimination Commissioner
appointed under the Anti-Discrimination
Act 1998;
*No. 46 of 2004
32
Anti-Discrimination Amendment Act 2012
Act No. of
Part 5 - Repeal s. 51
PART 5 - REPEAL
51. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all the
provisions of this Act commence.
Government Printer, Tasmania 33