Sex Discrimination Regulations (Amendment)

Overview

The Sex Discrimination Regulations (Amendment) Statutory Rules 1987 No. 56 were enacted to amend the Sex Discrimination Regulations 1986 under the authority of Section 116 of the Sex Discrimination Act 1984. This amendment was introduced to address the need for a structured and equitable method of compensating individuals who are summoned to appear before the Human Rights and Equal Opportunity Commission, as provided under Section 75A of the Act. The regulations were made to ensure that fees and allowances for such appearances are fixed by the Commission or the member presiding at the inquiry, thereby aligning the compensation structure with that specified in the Federal Court Rules. The objective of these amendments is to maintain consistency and fairness in the treatment of individuals involved in proceedings before the Commission. The Sex Discrimination Regulations (Amendment) Statutory Rules 1987 No. 56 were issued by the Australian Parliament, acting under the powers granted by the Sex Discrimination Act 1984. The primary policy objective of these regulations is to establish a clear and standardised framework for the payment of fees and allowances to individuals summoned to appear before the Human Rights and Equal Opportunity Commission. By aligning the fees and allowances with those specified in the Federal Court Rules, the regulations aim to ensure that the compensation process is transparent, fair, and in line with established legal practices. This amendment seeks to support the efficient functioning of the Commission and to uphold the rights of individuals involved in sex discrimination matters.

Scope and Application

The Sex Discrimination Regulations (Amendment) Statutory Rules 1987 No. 56, issued under the authority of the Attorney-General, apply to the provisions of the Sex Discrimination Act 1984. The regulations amend the Sex Discrimination Regulations to establish a new regulation, 4, which mandates that fees and allowances payable to individuals summoned to appear before the Human Rights and Equal Opportunity Commission (the Commission) will be set by the Commission or the member presiding at the inquiry. These fees and allowances are to be determined in accordance with the schedule outlined in the new regulations, generally aligning with the fees and allowances specified in the Federal Court Rules. The application of these regulations is national in scope, impacting individuals and entities subject to the Act across Australia, while ensuring that the procedural aspects of attendance at Commission inquiries are clearly defined and comparable to those in federal court proceedings. The regulations do not introduce any exclusions, exemptions, or specific thresholds beyond what is already outlined in the Act and the accompanying schedule.

Key Provisions

The key provisions of the Sex Discrimination Regulations (Amendment) Statutory Rules 1987 No. 56 primarily concern the amendment of fees and allowances payable to individuals who are summoned to appear before the Human Rights and Equal Opportunity Commission (the Commission) under the Sex Discrimination Act 1984 (the Act). Specifically, regulation 4 (paragraphs omitted for brevity) stipulates that the fees and allowances payable to a person summoned to appear before the Commission will now be fixed by the Commission or the member of the Commission presiding at the inquiry in accordance with the new Schedule to the regulations (section 75A). The fees and allowances outlined in this Schedule generally mirror those specified in the Federal Court Rules. The Act imposes certain obligations on the parties or entities it governs, including the requirement that the fees and allowances for individuals summoned to appear before the Commission be determined in accordance with the new regulations. The new regulation 4 places the responsibility on the Commission or the presiding member to fix these fees and allowances. This ensures that there is a standardised and transparent process for determining what individuals summoned to appear before the Commission are entitled to be paid in respect of their attendance and expenses. In terms of breaches and penalties, the Act does not explicitly detail specific offences, penalties, or consequences for non-compliance with the amended fees and allowances regulations. However, the overarching legal framework under the Act would apply, and any failure to adhere to the prescribed regulations could potentially lead to legal challenges or disputes. Given that the amendments primarily concern procedural aspects of compensation for individuals appearing before the Commission, the consequences of non-compliance would likely involve rectifications and adherence to the prescribed fees and allowances as stipulated in the new regulations. Overall, the Sex Discrimination Regulations (Amendment) Statutory Rules 1987 No. 56 aim to clarify and standardise the process for determining fees and allowances payable to individuals summoned to appear before the Commission under the Act. By aligning these fees and allowances with those specified in the Federal Court Rules, the regulations ensure a consistent and fair approach to compensating individuals for their time and expenses related to their appearance before the Commission.