2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Human Rights Commission Amendment Bill 2006

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Members of commission
Section 12 (1) (a)	2
	5	Section 12 (3)	2
	6	Commission president
Division 3.2	2
	7	Section 26	3
	8	Section 28	4
	9	Time and place of commission meetings
Section 30 (3) and (4)	4
	10	Presiding member at meetings
Section 31	4
	11	Voting at meetings
Section 33 (2)	4
	12	Allocating complaints
Section 50 (2)	5
	13	Section 55	5
	14	Section 56	5
	15	Relationship between conciliation and consideration
Section 61 (2) (a)	6
	16	Section 61 (2), note	6
	17	Conciliated agreements
Section 62 (3)	6
	18	Section 63	6
	19	End of conciliation
Section 65 (2)	7
	20	Admissibility of evidence
Section 66 (1) (a) (i)	7
	21	Secrecy
Section 99 (1), definition of person to whom this section applies, paragraph (a) (i)	8
	22	Protection of officials from liability
Section 100 (1), definition of official, paragraph (a)	8
	23	Dictionary, definition of conciliator	8
	24	Dictionary, definition of president	8
	25	Further amendments, mentions of president	8

2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Human Rights Commission Amendment Bill 2006

A Bill for
An Act to amend the Human Rights Commission Act 2005

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Human Rights Commission Amendment Act 2006.
2	Commencement
This Act commences on the commencement of the Human Rights Commission Act 2005, section 3.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Human Rights Commission Act 2005.
4	Members of commission
Section 12 (1) (a)
omit
5	Section 12 (3)
omit
6	Commission president
Division 3.2
omit
7	Section 26
substitute
26	Appointment of human rights commissioner
	(1)	The Executive must appoint a person to be the Human Rights Commissioner.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
	(2)	However, the Executive must not appoint a person as human rights commissioner unless satisfied that the person has the experience or expertise necessary to exercise the functions of the commissioner.
	(3)	The human rights commissioner must not be appointed for a term of longer than 5 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
	(4)	The conditions of appointment of the human rights commissioner are the conditions agreed between the Executive and the commissioner, subject to any determination under the Remuneration Tribunal Act 1995.
Note 	The human rights commissioner’s appointment may be ended under s 29.
8	Section 28
substitute
28	Application—div 3.7
This division applies to each of the following positions:
	(a)	the children and young people commissioner;
	(b)	the disability and community services commissioner;
	(c)	the discrimination commissioner;
	(d)	the health services commissioner;
	(e)	the human rights commissioner.
9	Time and place of commission meetings
Section 30 (3) and (4)
substitute
	(3)	Any member may, with the agreement of at least 1 other member, call a meeting of the commission.
	(4)	A member who calls a meeting under subsection (3) must give the other members reasonable notice of the time and place of the meeting.
10	Presiding member at meetings
Section 31
omit
11	Voting at meetings
Section 33 (2)
omit
12	Allocating complaints
Section 50 (2)
omit
13	Section 55
substitute
55	What is conciliation?
	(1)	For this Act, conciliation of a complaint involves the commission acting as an impartial third-party to help the parties to the conciliation to endeavour to resolve the matters raised by the complaint.
	(2)	Conciliation requires the parties’ willing and informed agreement to take part in the conciliation.
Note	The commission may require a party to attend conciliation, but may not require the party to take part.
	(3)	The parties to conciliation decide the outcome of the conciliation, usually with advice from the commission.
14	Section 56
substitute
56	Delegation of commission’s function of conciliation
The commission may delegate the function of conciliation of a complaint to—
	(a)	a commissioner other than the commissioner who is considering the complaint; or
	(b)	a member of staff or a consultant engaged by the commission for this Act.
Note 1	Consultants may be engaged for this Act under s 37.
Note 2	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
15	Relationship between conciliation and consideration
Section 61 (2) (a)
substitute
	(a)	the commission may use information from the consideration to help with conciliation; and
16	Section 61 (2), note
omit
17	Conciliated agreements
Section 62 (3)
substitute
	(3)	The commission must—
	(a)	give each party a copy of the conciliation agreement; and
	(b)	if the complaint is a discrimination complaint—give the agreement to the discrimination tribunal.
18	Section 63
substitute
63	Use of conciliation agreement by commission
	(1)	This section applies if the parties to the conciliation make a conciliation agreement.
	(2)	The commission may use information in the conciliation agreement, whether for considering the complaint to which the agreement relates or otherwise, only if the parties agree to the use by the commission of the agreement or the part of the agreement containing the information.
	(3)	An agreement to allow the commission to use a conciliation agreement, or part of a conciliation agreement, may be in the conciliation agreement or elsewhere.
	(4)	If the parties agree to the use by the commission of the conciliation agreement, or a part of the agreement, the commission may use anything in the conciliation agreement, or the part of the agreement, as the commission considers appropriate.
19	End of conciliation
Section 65 (2)
substitute
	(2)	If the conciliation ends, the commission must, as soon as practicable, tell the following people that the conciliation has ended and why it has ended:
	(a)	the complainant;
	(b)	the person complained about.
20	Admissibility of evidence
Section 66 (1) (a) (i)
substitute
	(i)	a communication made between people attending a conciliation (including the commission); and
21	Secrecy
Section 99 (1), definition of person to whom this section applies, paragraph (a) (i)
omit
22	Protection of officials from liability
Section 100 (1), definition of official, paragraph (a)
omit
23	Dictionary, definition of conciliator
omit
24	Dictionary, definition of president
omit
25	Further amendments, mentions of president
omit
president
substitute
commission
in
·	section 57 (2) and (3)
·	section 58
·	section 59 (1)
·	section 60
·	section 62 (1)
·	section 64
·	section 65 (1) (d)

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2006.
2	Notification
	Notified under the Legislation Act on	2006.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2006