Australian Human Rights Commission Amendment (Costs Protection) Act 2024

Overview

The Australian Human Rights Commission Amendment (Costs Protection) Act 2024 was enacted by the Parliament of Australia to address issues related to the allocation of costs in proceedings involving the Australian Human Rights Commission (AHRC). This Act amends the Australian Human Rights Commission Act 1986 to introduce provisions that specify circumstances in which costs may be awarded to or against parties involved in proceedings related to terminated complaints. The policy objective is to ensure fairness and balance in the allocation of costs, thereby protecting respondents from potentially disproportionate financial burdens while also holding applicants accountable for vexatious or unreasonable actions. The amendments are designed to apply to notices given after the Act's commencement on 2 October 2024, while also providing transitional measures for ongoing proceedings. This legislation also includes consequential amendments to the Federal Circuit and Family Court of Australia Act 2021 and the Federal Court of Australia Act 1976 to align these Acts with the changes introduced by the Australian Human Rights Commission Amendment (Costs Protection) Act 2024. These amendments ensure that the new cost allocation rules are consistently applied across relevant jurisdictions.

Scope and Application

The Australian Human Rights Commission Amendment (Costs Protection) Act 2024 is an Act of the Parliament of Australia designed to amend the Australian Human Rights Commission Act 1986 and introduce new provisions related to costs in proceedings before the Australian Human Rights Commission. This Act applies to any person involved in proceedings before the Commission that pertain to applications made under section 46PO of the Australian Human Rights Commission Act 1986. Specifically, it addresses the allocation of costs between applicants and respondents when the applicant is successful or unsuccessful in their application, while also considering instances where the applicant's actions may have contributed to the costs incurred. The Act applies nationally across Australia, impacting any entity or individual subject to the jurisdiction of the Australian Human Rights Commission. The amendments introduced by this Act do not apply retrospectively; instead, they are prospective and apply to any notices given under subsection 46PH(2) of the Australian Human Rights Commission Act 1986 after the commencement of this Act, which is the day after it receives Royal Assent, set for 2 October 2024. The Act further amends the Federal Circuit and Family Court of Australia Act 2021 and the Federal Court of Australia Act 1976 to reflect the changes made by this Act.

Key Provisions

The Australian Human Rights Commission Amendment (Costs Protection) Act 2024 amends the Australian Human Rights Commission Act 1986 to introduce specific provisions concerning the allocation of costs in proceedings related to applications for redress for unlawful discrimination. According to section 46PH(2A) and subsection 46PO(4) of the Australian Human Rights Commission Act 1986, in certain circumstances, costs may be imposed on respondents if the applicant is successful in their proceedings. The new section 46PSA outlines the scope and conditions under which costs are payable, stating that if an applicant is successful, the court must order the respondent to pay the applicant's costs, unless the applicant's unreasonable act or omission caused the costs. Additionally, the applicant may be ordered to pay costs if the proceedings were instituted vexatiously or without reasonable cause, or if their unreasonable act or omission caused the other party to incur costs. This section also specifies that in cases of representative applications, costs cannot be awarded against someone other than the person who made the application. Under the Act, the Australian Human Rights Commission and any relevant parties are required to adhere to the new cost allocation rules set forth in section 46PSA. This includes ensuring that any successful applicant in proceedings related to redress for unlawful discrimination is entitled to costs from the respondent, subject to certain exceptions. Courts must also consider whether the applicant's actions were reasonable and whether the respondent has a significant power or resource advantage over the applicant when determining whether to order the respondent to pay costs. The legislation further mandates that courts cannot order an applicant to pay costs unless specific conditions are met, such as the proceedings being instituted vexatiously or the applicant's unreasonable act or omission causing the other party's costs. Breaching the provisions of the Australian Human Rights Commission Amendment (Costs Protection) Act 2024 can lead to various consequences. While the Act does not explicitly outline criminal or civil penalties for non-compliance, it does establish clear guidelines for the allocation of costs in proceedings related to redress for unlawful discrimination. Courts have the authority to impose fines or other penalties for non-compliance with the Act's provisions, as they would for any other legal requirement. Additionally, failure to follow the cost allocation rules could result in appeals or challenges to the court's decisions, potentially leading to further legal costs for the parties involved. The Act aims to ensure that costs are fairly allocated in proceedings related to redress for unlawful discrimination, thereby protecting the interests of both applicants and respondents.