21 September 1999
Commission welcomes legislative change passed by the Senate
Legislation affecting the Human Rights and Equal Opportunity Commission (HREOC) was passed in the Senate last night with the support of all parties.
"After a period of uncertainty the Commission is delighted the legislation has been passed", said Commission President, Professor Alice Tay.
"Our work in human rights education and promotion and the investigation and conciliation of complaints of discrimination and human rights breaches will continue to be a priority."
The Commission will no longer conduct public hearings of unconciliated complaints under the Racial Discrimination Act 1975 (Cth) (RDA), Sex Discrimination Act 1984 (Cth) (SDA) and Disability Discrimination Act 1992 (Cth) (DDA). These hearings will instead be conducted by the Federal Court.
Consequently the Human Rights Legislation Amendment Bill (HRLAB) provides an enforceable decision to parties after a single hearing of the complaint by the Federal Court. This means parties will no longer face the possibility and cost of two separate hearings in relation to a complaint.
"Hearings in the Federal Court, will benefit the parties by providing them with enforceable decisions, and will also result in a strong and influential body of discrimination law and precedent being developed by the Federal Court."
The Commission also welcomes the undertaking given by the Government that all Federal Court fees in relation to the hearing of such complaints will be limited to a one off nominal fee of $50.00.
The High Court found in the so called Brandy case that the Commission did not have the constitutional authority to make enforceable decisions after a public hearing.
In addition HRLAB centralises executive power and complaint handling powers under the RDA, SDA, DDA and Human Rights and Equal Opportunity Commission Act 1986 (Cth) in the President of the Commission.
For further information please contact Erin Broderick on 0419 258 597; or Margie Cook on 0418 637 230.
Last updated 2 December 2001.
