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Editors --- "The Australian Human Rights Commission Legislation Bill" [2003] AdminRw 21; (2003) 55 Admin Review 56


The Australian Human Rights Commission Legislation Bill

As noted in the explanatory memorandum to the Australian Human Rights Commission Legislation Bill 2003, the Bill provides for the restructure of the Human Rights and Equal Opportunity Commission and its renaming as the Australian Human Rights Commission.

Under the Bill the new commission will be able to intervene in court proceedings only if it has either obtained the approval of the Attorney-General (if the president is not, and was not immediately before appointment as president, a federal judge) or notified the Attorney-General of the proposed intervention (if the president is, or was immediately before appointment as president, a federal judge).

The new commission will not be able to recommend the payment of damages or compensation following inquiries into acts of the Commonwealth that may breach a person’s human rights or acts of any employer in relation to discrimination in employment.

The Attorney-General will have the power to appoint part-time complaints commissioners to whom the president of the new commission will be able to delegate complaint-handling functions.

The new commission will have powers to delegate under the renamed Australian Human Rights Commission Act 1986, rather than under the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 and the Sex Discrimination Act 1984.


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