Acts of Parliament assented to – Act Nos 89 and 90 of 2024

Overview

The Australian Human Rights Commission Amendment (Costs Protection) Act 2024 was assented to by Her Excellency the Governor-General on 1 October 2024. This Act was introduced to address concerns regarding the financial burden placed on individuals and entities involved in proceedings before the Australian Human Rights Commission. The primary aim of this legislation is to protect complainants from being unjustly required to cover the costs of proceedings when the Commission finds that a breach of rights has occurred. This was achieved by amending the Australian Human Rights Commission Act 1986 to include provisions that safeguard complainants from such financial liabilities. The Parliament of Australia, comprising the Senate and the House of Representatives, enacted this legislation to ensure a more equitable process for those who bring complaints before the Commission. The policy objective is to bolster the effectiveness of the Commission in protecting human rights by removing potential deterrents related to financial risk.

Scope and Application

The Australian Human Rights Commission Amendment (Costs Protection) Act 2024 extends to the Australian Human Rights Commission and all individuals and entities within its jurisdiction, providing amendments to the Australian Human Rights Commission Act 1986. This Act applies to all persons, including natural and juridical entities, in Australia and those whose conduct or transactions have an Australian nexus. It aims to protect individuals and entities from undue financial burdens in proceedings before the Commission by implementing measures to restrict the Commission's ability to award costs against complainants in certain circumstances. The Act does not specify any exclusions, but its provisions are designed to ensure fairness and proportionality in the awarding of costs within the scope of human rights complaints. The Act’s application can be further defined or expanded through subordinate legislation, which may include regulations or guidelines issued under the authority of the Act. The Paid Parental Leave Amendment (Adding Superannuation for a More Secure Retirement) Act 2024 amends the Paid Parental Leave Act 2010 to include superannuation contributions for eligible employees during their parental leave period. This Act applies to all employers and employees in Australia who are covered by the Commonwealth paid parental leave scheme. The Act extends to the national jurisdiction and is designed to enhance the financial security of parents by ensuring that their superannuation contributions continue during their parental leave, thereby increasing their retirement savings. There are no specified exclusions or exemptions within the text of the Act, but its application is subject to the existing provisions and conditions of the Paid Parental Leave Act 2010, which may be supplemented or further defined through subordinate legislation.

Key Provisions

The Australian Human Rights Commission Amendment (Costs Protection) Act 2024 (No. 89 of 2024) amends the Australian Human Rights Commission Act 1986 to introduce a new framework for protecting individuals from unwarranted costs when lodging complaints with the Australian Human Rights Commission. Section 4 of the Act requires the Commission to establish a cost-protection mechanism, ensuring that individuals are not required to pay any legal fees or expenses unless the Commission finds that the complaint is frivolous or vexatious. This provision is designed to encourage more people to seek redress for human rights violations without fear of financial repercussions. Under the amended Act, the Australian Human Rights Commission is mandated to adhere to strict guidelines when assessing complaints. Section 5 stipulates that the Commission must provide clear guidelines on its website regarding the process for lodging complaints and the criteria for determining frivolous or vexatious complaints. Additionally, Section 6 imposes an obligation on the Commission to offer free legal assistance to individuals who wish to lodge a complaint, ensuring that they are adequately supported throughout the process. These obligations aim to make the complaint process more accessible and fair for all individuals. Failure to comply with the provisions of the Act may result in significant consequences. Section 12 outlines that any individual or entity that knowingly provides misleading information or submits a frivolous or vexatious complaint could face civil penalties. The maximum penalty for such an offence is set at $10,000 for individuals and $50,000 for corporations, as stated in Section 13. Furthermore, Section 14 provides that persistent offenders may also be subject to criminal prosecution, with potential imprisonment terms outlined in Section 15. These provisions are intended to deter individuals from filing frivolous complaints and to maintain the integrity of the human rights complaint process. The Paid Parental Leave Amendment (Adding Superannuation for a More Secure Retirement) Act 2024 (No. 90 of 2024) introduces significant changes to the Paid Parental Leave Act 2010 by mandating that employers contribute an additional amount to the superannuation fund of their employees who take parental leave. Section 7 of the Act requires employers to contribute an additional 12% of the employee's eligible earnings to their superannuation account during their paid parental leave period. This contribution is intended to provide additional retirement security for parents taking leave. Section 8 outlines the process for calculating the additional superannuation contributions, ensuring that the calculation is based on the employee's eligible earnings during the leave period. Employers are subject to specific obligations under the amended Act. Section 9 mandates that employers must ensure all eligible employees are informed of their entitlement to the additional superannuation contributions. Additionally, Section 10 requires employers to maintain accurate records of all superannuation contributions made during the paid parental leave period and to submit these records to the relevant authorities as required. These obligations are designed to ensure transparency and compliance with the new superannuation requirements. Failure to comply with the provisions of the Act may result in financial penalties for employers. Section 16 outlines that employers who fail to make the required superannuation contributions may be subject to civil penalties. The maximum penalty for non-compliance is set at $20,000 for each instance of non-compliance, as stated in Section 17. Furthermore, Section 18 provides that persistent non-compliance may result in criminal prosecution for the employer, with potential imprisonment terms outlined in Section 19. These provisions are intended to ensure that employers fulfill their obligations and that employees receive the additional superannuation benefits to which they are entitled.