Human Rights Commission Legislation Amendment Act 2010 (ACT)

Case

Human Rights Commission Legislation Amendment Act 2010

A2010-5

Contents

Page

Part 1Preliminary

  1. Name of Act  2

  2. Commencement  2

Part 2Discrimination Act 1991

  1. Legislation amended—pt 2  3

  2. Grounds


    Section 7 (1) (c)  3

  3. Section 7 (1) (k)  3

  4. Unlawful vilification—race, sexuality etc


    Section 66 (1) (c)  3

  5. Serious vilification offence—race, sexuality etc


    Section 67 (1) (d) (iii)  3

  6. Victimisation


    New section 68 (1) (a) (ia) to (ic)  3

  7. New section 68 (3)  4

  8. Dictionary, new definitions  4

  9. Dictionary, definition of transsexual  6

Part 3Health Professionals Act 2004

  1. Legislation amended—pt 3  7

  2. Notice to health professional reported


    Section 84 (1), new note 2  7

  3. Dictionary, definition of report  7

Part 4Human Rights Commission Act 2005

  1. Legislation amended—pt 4  8

  2. Commission’s obligation to be prompt and efficient


    Section 45 (2) (e)  8

  3. Section 45 (2), examples  9

  4. New section 45 (3) (d)  9

  5. New section 71A  9

  6. Referral of complaints to health profession board


    Section 92 (1)  10

  7. New section 92 (4) to (6)  11

  8. New section 100A  12

Part 5Mental Health (Treatment and Care) Act 1994

  1. Legislation amended—pt 5  13

  2. Notice of hearing


    Section 85 (j)  13

Human Rights Commission Legislation Amendment Act 2010

A2010-5

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:

Part 1Preliminary

  1. Name of Act

    This Act is the Human Rights Commission Legislation Amendment Act 2010.

  2. Commencement

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

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

Part 2Discrimination Act 1991

  1. Legislation amended—pt 2

    This part amends the Discrimination Act 1991.

  2. Grounds
    Section 7 (1) (c)

    substitute

    (c)    gender identity;

  3. Section 7 (1) (k)

    substitute

    (k)industrial activity;

  4. Unlawful vilification—race, sexuality etc
    Section 66 (1) (c)

    substitute

    (c)gender identity;

  5. Serious vilification offence—race, sexuality etc
    Section 67 (1) (d) (iii)

    substitute

    (iii)gender identity;

  6. Victimisation
    New section 68 (1) (a) (ia) to (ic)

    insert

    (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

  7. New section 68 (3)

    insert

    (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.

  8. Dictionary, new definitions

    insert

    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.

  9. Dictionary, definition of transsexual

    omit

Part 3Health Professionals Act 2004

  1. Legislation amended—pt 3

    This part amends the Health Professionals Act 2004.

  2. Notice to health professional reported
    Section 84 (1), new note 2

    insert

    Note 2In 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).

  3. Dictionary, definition of report

    substitute

    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.

Part 4Human Rights Commission Act 2005

  1. Legislation amended—pt 4

    This part amends the Human Rights Commission Act 2005.

  2. Commission’s obligation to be prompt and efficient
    Section 45 (2) (e)

    substitute

    (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

  3. Section 45 (2), examples

    substitute

    Examples—par (e) (ii)

    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.

    NoteAn 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).

  4. New section 45 (3) (d)

    insert

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

  5. New section 71A

    insert

71ACommission may treat person as 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. Referral of complaints to health profession board
    Section 92 (1)

    substitute

    (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.

  2. New section 92 (4) to (6)

    insert

    (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.

  3. New section 100A

    insert

100AProtection of others from liability

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.

Part 5Mental Health (Treatment and Care) Act 1994

  1. Legislation amended—pt 5

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

  2. Notice of hearing
    Section 85 (j)

    omit


Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 10 December 2009.

  2. Notification

    Notified under the Legislation Act on 2 March 2010.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Human Rights Commission Legislation Amendment Bill 2010, which originated in the Legislative Assembly as the Human Rights Commission Legislation Amendment Bill 2009 and was passed by the Assembly on 23 February 2010.

    Acting Clerk of the Legislative Assembly

    © Australian Capital Territory 2010

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