Human Rights Amendment Act 2001

40 New headings and sections 148 to 148O substituted
  • The principal Act is amended by repealing sections 145 to 148 and the heading above section 148, and substituting the following heading and sections:

    Transitional provisions

    148 Former office of Commissioner abolished
    • (1) The office of Commissioner under section 7(1) of the principal Act (as it read immediately before the commencement of this section) is abolished.

      (2) No person is entitled to compensation for loss of office as a Commissioner under subsection (1).

    148A Certain former Commissioners to be transitional members of Commission
    • (1) The person who, immediately before the commencement of this section, held office as Chief Commissioner under section 7(1)(a) (as it read immediately before the commencement of this section) is taken to have been appointed to the office of Chief Commissioner under section 8(1)(a) (as substituted by section 5 of the Human Rights Amendment Act 2001).

      (2) The person who, immediately before the commencement of this section, held office as the Race Relations Conciliator is taken to have been appointed to the office of Race Relations Commissioner under section 8(1)(b) (as substituted by section 5 of the Human Rights Amendment Act 2001).

      (3) Every person who, immediately before the commencement of this section, held office as Commissioner under section 7(1)(e) (as it read immediately before the commencement of this section) is taken to have been appointed to the office of Commissioner under section 8(1)(d) (as substituted by section 5 of the Human Rights Amendment Act 2001).

      (4) The Privacy Commissioner appointed under the Privacy Act 1993 and the Commissioner appointed to be Proceedings Commissioner under section 7(1)(d) (as it read before the commencement of the Human Rights Amendment Act 2001) cease to be Human Rights Commissioners on the commencement of this section.

      (5) Every person who is taken to have been appointed to the office of Commissioner under this section is appointed on the same terms and conditions and for the remainder of the term for which the person was appointed under section 7(1) (as it read immediately before the commencement of this section).

    Race Relations Conciliator

    148B Assets and liabilities vest in Commission
    • On the commencement of this section, the assets and liabilities of the Race Relations Conciliator vest in the Commission.

    148C References to Race Relations Conciliator
    • (1) From the commencement of this section, unless the context otherwise requires, every reference to the Race Relations Conciliator in any instrument, document, or notice is to be read as a reference to the Race Relations Commissioner.

      (2) Despite subsection (1), every reference to the Race Relations Conciliator in any contract or other instrument, document, or notice that creates, or is evidence of, an asset or liability, must be read as a reference to the Commission.

    148D Proceedings
    • Any proceedings to which the Race Relations Conciliator was a party or that he or she was considering bringing, before the commencement of this section, may be brought, continued, completed, and enforced by or against the Commission.

    148E Commission to arrange final audited accounts
    • The Commission must perform the duties that the Race Relations Conciliator would have had to perform under section 41 of the Public Finance Act 1989 if the Human Rights Amendment Act 2001 had not been enacted, for the period beginning on 1 July 2001 and ending with the close of 31 December 2001.

    148F All employees transferred to Commission
    • (1) Every person employed by the Race Relations Conciliator immediately before the commencement of this section is, on and from that date, an employee of the Commission on the same terms and conditions that applied to the employee immediately before that date.

      (2) For the purposes of every enactment, law, contract, and agreement relating to the employment of the employee,—

      • (a) the contract of employment of that employee is taken to be unbroken; and

      • (b) the employee's period of service with the Race Relations Conciliator and every other period of service of that employee that is recognised by the Race Relations Conciliator as continuous service is taken to have been a period of service with the Commission.

      (3) A person to whom subsection (1) applies is not entitled to any compensation just because the person has ceased to be an employee of the Race Relations Conciliator.

    Proceedings Commissioner

    148G Proceedings Commissioner
    • (1) The person who, immediately before the commencement of this section, held office as the Proceedings Commissioner under section 7(1)(d) (as it read immediately before the commencement of this section) is taken to have been appointed to the office of Director of Human Rights Proceedings under section 20A (as substituted by section 5 of the Human Rights Amendment Act 2001).

      (2) The Director of Human Rights Proceedings is appointed on the same terms and conditions and for the remainder of the term for which he or she was appointed Proceedings Commissioner.

    148H References to Proceedings Commissioner
    • From the commencement of this section, unless the context otherwise requires, every reference to the Proceedings Commissioner in any instrument, document, or notice is to be read as a reference to the Director.

    148I Proceedings to which Proceedings Commissioner party
    • (1) Proceedings to which the Proceedings Commissioner was a party or that he or she was considering bringing, before the commencement of this section—

      • (a) must be brought, continued, completed, and enforced by the Director; and

      • (b) may be brought, continued, completed, and enforced against the Director.

      (2) Sections 86 to 92, 95, and 97 (as they read immediately before the commencement of this section) apply (with any necessary modifications) to any proceedings to which the Proceedings Commissioner was a party before the commencement of this section as if—

      • (a) the Director were the Proceedings Commissioner; and

      • (b) the Office of Human Rights Proceedings were the Commission; and

      • (c) the Human Rights Review Tribunal were the Complaints Review Tribunal.

    148J Complaints referred to Proceedings Commissioner for decision as to proceedings
    • (1) Subsection (2) applies—

      • (a) if a complaint is referred to the Proceedings Commissioner under section 75(g) (as it read immediately before the commencement of this section), but no proceedings have been instituted by the Proceedings Commissioner; or

      • (b) if the Proceedings Commissioner was required to decide whether to institute proceedings against a party to a settlement under section 82(1)(c) (as it read immediately before the commencement of this section), but no proceedings were instituted by the Proceedings Commissioner before the commencement of this section.

      (2) If this subsection applies,—

      • (a) if the Commissioner has not made a decision on whether to institute proceedings, the Director must decide, under section 90(1)(c), whether to provide representation in relation to the complaint:

      • (b) if the Commissioner has made a decision to institute proceedings, the Director must provide representation for the complainant or aggrieved party (as the case may be) in the proceedings:

      • (c) if the Commissioner has made a decision not to institute proceedings, that decision is deemed to have been made by the Director.

    148K Transfer of employees from Commission to Office
    • (1) The Commission and the Office of Human Rights Proceedings may, after consulting the employee concerned, agree to the transfer of an employee from the Commission to the Office of Human Rights Proceedings on the same terms and conditions that applied to the employee immediately before the date of transfer.

      (2) For the purposes of every enactment, law, contract, and agreement relating to the employment of the employee,—

      • (a) the contract of employment of that employee is taken to have been unbroken; and

      • (b) the employee's period of service with the Commission, and every other period of service of that employee that is recognised by the Commission as continuous service, is taken to have been a period of service with the Office of Human Rights Proceedings.

      (3) An employee of the Commission who is transferred to the Office of Human Rights Proceedings under subsection (1) is not entitled to any compensation just because—

      • (a) the position held by the employee with the Commission has ceased to exist; or

      • (b) the person has ceased (as a result of the transfer) to be an employee of the Commission.

    Complaints Division

    148L Complaints Division abolished
    • The Complaints Division of the Commission is abolished.

    148M Outstanding complaints to be dealt with by Commission under new procedure
    • (1) A complaint lodged with the Complaints Division before the commencement of this Act must be dealt with by the Commission under Part III (as substituted by section 9 of the Human Rights Amendment Act 2001) as if the complaint were made to the Commission under section 76(2)(a).

      (2) For the purposes of subsection (1),—

      • (a) if the Complaints Division has called a conciliation conference under section 80(1) (as it read immediately before the commencement of this section) but the conference has not taken place, the Commission must instead offer to convene a dispute resolution meeting; and

      • (b) if section 79(2) applies to the complaint, the Commission must inform the Attorney-General of the details of the complaint as soon as practicable.

      (3) Despite subsection (1), if, in relation to a complaint, the Complaints Division has decided not to investigate the complaint further under section 76(1) or section 77(1)(a) (as they read immediately before the commencement of this section), the Commission must take no action or further action in relation to the complaint.

    148N Breaches of Part 1A
    • No act or omission that occurred before 1 January 2002 is capable of being in breach of Part 1A unless—

      • (a) the act or omission continues on or after 1 January 2002; or

      • (b) in the case of an enactment, the enactment is in force on or after 1 January 2002.

    148O Complaints about breaches of Part 1A
    • (1) Despite section 76, the Commission is not under a duty to receive or assess any complaint alleging a breach of Part 1A that is made to the Commission before 1 April 2002.

      (2) The Commission is not under a duty to receive or assess any complaint alleging that an act or omission that occurred before 1 January 2002 and that ceased to continue or to be in force before 1 January 2002 is in breach of Part 1A.