Human Rights and Equal Opportunity Legislation Amendment Act 1992

Administered by Attorney-General's Department

Legislation au C2004A04423 Not in force Act

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No. 132 of 1992

An Act to amend Acts relating to human rights and equal opportunity

[Assented to 30 October 1992]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Human Rights and Equal Opportunity Legislation Amendment Act 1992.

Commencement

2. This Act commences on the same day as Part 6 of the Disability Discrimination Act 1992 commences.

PART 2—AMENDMENTS OF THE HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION ACT 1986

Principal Act

3. In this Part, “Principal Act” means the Human Rights and Equal Opportunity Commission Act 19861.

Interpretation

4. Section 3 of the Principal Act is amended:

(a) by omitting from subsection (1) the definition of “appoint”;

(b) by inserting in subsection (1) the following definition:

“ ‘Disability Discrimination Commissioner' means the Disability Discrimination Commissioner appointed under the Disability Discrimination Act 1992;”.

Constitution of Commission

5. Section 8 of the Principal Act is amended:

(a) by omitting paragraphs (1)(d) and (e) and substituting the following paragraphs:

“(d) the Sex Discrimination Commissioner;

(e) the Privacy Commissioner; and

(f) the Disability Discrimination Commissioner.”;

(b) by omitting from subsection (7) “or Privacy Commissioner” and substituting “, Privacy Commissioner or Disability Discrimination Commissioner".

Functions of Commission

6. Section 11 of the Principal Act is amended by omitting from subsection (3) “or the Sex Discrimination Act 1984” and substituting “, the Sex Discrimination Act 1984 or the Disability Discrimination Act 1992”.

Form of examinations or inquiries to be at discretion of Commission etc.

7. Section 14 of the Principal Act is amended by inserting in subsection (8) “or the Disability Discrimination Act 1992” after “1984”.

Inter-governmental arrangements

8. Section 16 of the Principal Act is amended:

(a) by omitting from subsection (2A) “and the Sex Discrimination Act 1984” and substituting “, the Sex Discrimination Act 1984 and the Disability Discrimination Act 1992”;

(b) by adding at the end of paragraph (2A)(a) “and”;

“(ba) in the case of an act falling within section 68 of the Disability Discrimination Act 1992—the Disability Discrimination Commissioner; and”.

Delegation

9. Section 19 of the Principal Act is amended:

(a) by omitting from subsection (1) “, either generally or as otherwise provided by the instrument of delegation”;

(b) by omitting from subsection (1) “, other than this power of delegation”;

(d) by omitting from subsection (2) “, other than this power of delegation”;

(e) by omitting subsections (3) and (4);

(f) by omitting from subsection (6) “or the Sex Discrimination Act 1984” and substituting “, the Sex Discrimination Act 1984 or the Disability Discrimination Act 1992”.

Acting President and Human Rights Commissioner

10. Section 36 of the Principal Act is amended:

(a) by omitting subsection (2) and substituting the following subsection:

“(2) The Minister may appoint a person to act as President:

(a) during a vacancy in the office of President, whether or not an appointment has previously been made to the office; or

(b) during any period, or during all periods, when the President is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office of President;

but, a person so appointed must not act as President during any period while the Human Rights Commissioner is available so to act.”;

(b) by omitting subsections (3) to (8) (inclusive) and substituting the following subsection:

“(3) The Minister may appoint a person to act as Human Rights Commissioner:

(a) during a vacancy in the office of Human Rights Commissioner, whether or not an appointment has previously been made to the office; or

(b) during any period, or during all periods, when the Human Rights Commissioner is absent from duty or from

Australia, or is, for any other reason, unable to perform the functions of the office of Human Rights Commissioner.”.

PART 3—AMENDMENTS OF OTHER ACTS

11. The Acts specified in the Schedule are amended as set out in that Schedule.

_____________

SCHEDULE Section 11

AMENDMENTS OF OTHER ACTS

Industrial Relations Act 1988

Section 93:

Omit “and the Sex Discrimination Act 1984”, substitute “, the Sex Discrimination Act 1984 and the Disability Discrimination Act 1992”.

Racial Discrimination Act 1975

Section 32:

Repeal the section, substitute:

Leave of absence

“32.(1) Subject to section 87E of the Public Service Act 1922, the Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal.

“(2) The Minister may grant the Commissioner leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.”.

Paragraph 34(2)(a):

Omit “granted by the Minister”.

Subsection 36(1):

Omit “, but a person so appointed to act during a vacancy shall not continue to act for more than 12 months”.

Subsections 36(2) and (3):

Omit the subsections.

Subsection 36(5):

Omit the subsection.

Subsection 40(1):

(a) Omit “, either generally or otherwise as provided by the instrument of delegation”.

(b) Omit “, except this power of delegation”.

Subsection 40(2):

(a) Omit “, either generally or otherwise as provided by the instrument of delegation”.

SCHEDULE—continued

(b) Omit “, except this power of delegation”.

Subsections 40(3) and (4):

Omit the subsections.

Sex Discrimination Act 1984

Section 99:

Repeal the section, substitute:

Leave of absence

“99.(1) Subject to section 87E of the Public Service Act 1922, the Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal.

“(2) The Minister may grant the Commissioner leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.”.

Paragraph 102(2)(b):

Omit “granted by the Minister”.

Subsection 103(1):

Omit “; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months”.

Subsections 103(2) to (6) (inclusive):

Omit the subsections.

Subsection 104(1):

(a) Omit “, either generally or as otherwise provided by the instrument of delegation,”.

(b) Omit all the words after “other”, substitute “than powers in connection with the performance of the functions that, under section 49, are to be performed by the Commissioner on behalf of the Commission”.

Subsection 104(2):

(a) Omit “, either generally or as otherwise provided by the instrument of delegation”.

(b) Omit “, other than this power of delegation”.

Subsections 104(3) and (4):

Omit the subsections.

NOTE

1. No. 125, 1986, as amended. For previous amendments, see No. 141, 1987; Nos. 38, 99 and 119, 1988; Nos. 75 and 115, 1990; and No. 122, 1991.

[Minister's second reading speech made in—

House of Representatives on 26 May 1992

Senate on 20 August 1992]

Overview

The Human Rights and Equal Opportunity Legislation Amendment Act 1992 was enacted by the Parliament of Australia to amend various Acts related to human rights and equal opportunity, particularly addressing the introduction of the Disability Discrimination Act 1992. This Act aimed to integrate the newly established Disability Discrimination Commissioner into the Human Rights and Equal Opportunity Commission, ensuring that the Commission could address issues of disability discrimination in conjunction with other forms of discrimination. The policy objective behind the Act was to provide a cohesive legislative framework that encompasses various forms of discrimination, including sex and racial discrimination, while ensuring the Commission's structure and functions are appropriately adapted to include the oversight of disability discrimination matters. This legislative amendment sought to streamline the enforcement of anti-discrimination laws by consolidating the roles and responsibilities within the Commission, thereby enhancing the efficiency and effectiveness of addressing discriminatory practices in Australia.

Scope and Application

The Human Rights and Equal Opportunity Legislation Amendment Act 1992 is a Commonwealth statute that primarily amends the Human Rights and Equal Opportunity Commission Act 1986 to incorporate the Disability Discrimination Act 1992. This Act applies to the Human Rights and Equal Opportunity Commission, its commissioners, and the broader legislative framework concerning human rights and equal opportunity in Australia. It extends to the functions and powers of the Commission, including the Disability Discrimination Commissioner, and adjusts various provisions across multiple related acts to reflect the inclusion of disability discrimination within the scope of the Commission's activities. The amendments also extend to other acts, such as the Industrial Relations Act 1988, Racial Discrimination Act 1975, and the Sex Discrimination Act 1984, ensuring consistency and integration of disability discrimination provisions across these statutes. The Act's jurisdiction is national, applying uniformly across Australia as a Commonwealth statute. There are no explicit exclusions or thresholds mentioned in the Act, but its application may be further defined or restricted through subordinate instruments or regulations that may be issued under the authority of the amended acts.

Key Provisions

The Human Rights and Equal Opportunity Legislation Amendment Act 1992 makes several significant amendments to existing legislation, primarily the Human Rights and Equal Opportunity Commission Act 1986 (Principal Act). Key changes include the introduction of a Disability Discrimination Commissioner into the Commission's structure, as well as adjustments to the functions, inter-governmental arrangements, and delegation powers of the Commission. The Act also amends the Industrial Relations Act 1988, the Racial Discrimination Act 1975, and the Sex Discrimination Act 1984 to incorporate the Disability Discrimination Act 1992. Under the amendments, the Human Rights and Equal Opportunity Commission (the Commission) is now tasked with appointing a Disability Discrimination Commissioner (section 8). The Commission’s functions are expanded to include the Disability Discrimination Act 1992 (section 11). The Act also provides the Commission with discretion over the form of examinations or inquiries it conducts under the Disability Discrimination Act 1992 (section 14). Additionally, the Act modifies inter-governmental arrangements to ensure that the Disability Discrimination Commissioner is involved in relevant proceedings (section 16). Delegation of powers is also updated to include the Disability Discrimination Act 1992 (section 19). The Act further adjusts the appointment of acting President and Human Rights Commissioner to accommodate the new structure (section 36). Entities governed by the Act are required to comply with the newly outlined functions, structures, and procedures of the Commission. This includes the appointment and recognition of the Disability Discrimination Commissioner, and ensuring that any examinations or inquiries are conducted in accordance with the discretion provided by the Act. The amendments also require adherence to the updated delegation powers and inter-governmental arrangements. The Act imposes civil and criminal consequences for non-compliance with its provisions. While the Act does not explicitly state penalties, breaches of the amended sections could lead to legal actions under the respective Acts they modify, such as the Disability Discrimination Act 1992, the Sex Discrimination Act 1984, and the Racial Discrimination Act 1975. These Acts generally provide for penalties such as fines and, in some cases, imprisonment for serious violations. For instance, under the Disability Discrimination Act 1992, individuals or entities found guilty of discriminatory acts may face substantial penalties, reflecting the seriousness of human rights violations.

Area of Law: Human Rights Law; Disability Law
Instrument: Act
Concepts: Definitions & Interpretation; Repeal & Amendment; Delegation; Leave of Absence; Delegation; Regulatory Standards

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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