Bills Digest No. 98 2001-02
Human Rights and Equal Opportunity Commission Amendment
Bill 2002
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Endnotes
Contact Officer & Copyright Details
Passage History
Date Introduced: 21 February 2002
House: House of Representatives
Portfolio: Attorney-General
Commencement: The Act is proposed to be
given retrospective effect it would be taken to have commenced on
13 April 2000.
Purpose
To bring State
governments within the provisions regarding redress for unlawful
discrimination in the Human Rights and Equal Opportunity
Commission Act 1986.
The Human Rights Legislation Amendment Act
(No. 1) 1999 introduced an anomaly into the Human Rights
and Equal Opportunity Commission Act 1986. Prior to the
introduction of those amendments, State governments had been
included in the ambit of federal anti-discrimination provisions.
Once the amending legislation came into effect (the relevant
provisions came into operation on 13 April 2000), State governments
were no longer covered by the Federal legislation. This became
apparent in a case before a Federal Magistrates Court,
Rainsford v State of Victoria [2001]FMCA 115.
This Bill, with a very simple provision
stipulating that the Crown in right of the States is covered by
Part IIB (the part dealing with redress for unlawful discrimination
that is complaints before the President of the Commission or the
Federal Court or Magistracy), changes the situation to reflect the
original starting position, that is that the State governments are
bound by the Federal anti-discrimination regime.
The Human Rights and Equal Opportunity
Commission has welcomed the amendment, recognising the
Attorney-General for his swift action in addressing the possible
problems that could arise from the drafting error and commenting
that it has a number of complaints involving State governments
before it.(1)
The sole effective clause inserts into the
Human Rights and Equal Opportunity Commission Act 1986 a
provision which binds the Crown in right of the States with respect
to Part IIB the Part of the Act which deals with redress for
unlawful discrimination.
-
- Human Rights and Equal Opportunity Commission welcomes
amendments to human rights legislation , Press Release,
Human Rights and Equal Opportunity Commission, 21 February
2002.
Kirsty Magarey
11 March 2002
Bills Digest Service
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ISSN 1328-8091
© Commonwealth of Australia 2002
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Published by the Department of the Parliamentary Library,
2002.
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