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This is a Bill, not an Act. For current law, see the Acts databases.


EQUAL OPPORTUNITY AMENDMENT BILL 2006

                    Western Australia


Equal Opportunity Amendment Bill 2006

                       CONTENTS


1.    Short title                                             2
2.    Commencement                                            2
3.    The Act amended                                         2
4.    Long title amended                                      2
5.    Section 3 amended                                       2
6.    Section 4 amended                                       2
7.    Part III heading replaced                               3
      Part III -- Racial discrimination, harassment and
              offensive behaviour
8.    Part 3 Division 3B inserted                             3
      Division 3B -- Racially offensive behaviour
      49E.      Racially offensive behaviour             3
      49F.      Exceptions                               4
9.    Section 80 amended                                      5
10.   Section 83 amended                                      6
11.   Section 89 amended                                      7
12.   Section 114 amended                                     8
13.   Section 115 amended                                     8
14.   Section 116 amended                                     8
15.   Section 117 amended                                     9
16.   Section 126 amended                                     9
17.   Section 127 amended                                    10




                         173--1                               page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY



     Equal Opportunity Amendment Bill 2006


                               A Bill for


An Act to amend the Equal Opportunity Act 1984 and for related
purposes.



The Parliament of Western Australia enacts as follows:




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     Equal Opportunity Amendment Bill 2006



     s. 1




     1.       Short title
              This is the Equal Opportunity Amendment Act 2006.
     2.       Commencement
              This Act comes into operation on the day on which it receives the
 5            Royal Assent.
     3.       The Act amended
              The amendments in this Act are to the Equal Opportunity
              Act 1984*.
              [* Reprint 4 as at 1 April 2005.
10               For subsequent amendments see Western Australian
                 Legislation Information Tables for 2005, Table 1, and Acts
                 Nos. 18 of 2005 and 28 and 29 of 2006.]
     4.       Long title amended
              The long title is amended by deleting "grounds." and inserting
15            instead --
              "
                  grounds, and in respect of racially offensive behaviour.
                                                                               ".
     5.       Section 3 amended
20            After section 3(b) the following paragraph is inserted --
                  "
                      (ba)   to eliminate, so far as is possible, racially
                             offensive behaviour in public;
                                                                               ".
25   6.       Section 4 amended
              Section 4(1) is amended as follows:
                (a) in paragraph (a) of the definition of "complaint" by
                     deleting "representative" and inserting instead --
                     " group ";

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                                          Equal Opportunity Amendment Bill 2006



                                                                                   s. 7



                 (b)    by deleting the definition of "representative complaint";
                 (c)    by inserting in the appropriate alphabetical position --
            "
                       "group complaint" means a complaint lodged under
 5                         section 83(1)(a) or (b) or (1a) by a person on
                           behalf of the person and other persons or by 2 or
                           more persons on behalf of themselves and other
                           persons, but does not include such a complaint
                           after it has been amended by the Tribunal under
10                         section 116(b);
                                                                                    ".

     7.     Part III heading replaced
            The heading to Part III is repealed and the following heading is
            inserted instead --
15   "
           Part III -- Racial discrimination, harassment
                     and offensive behaviour
                                                                                    ".

     8.     Part 3 Division 3B inserted
20          After section 49D the following Division is inserted --
     "
                   Division 3B -- Racially offensive behaviour
          49E.         Racially offensive behaviour
            (1)        It is unlawful for a person to do any act, otherwise than
25                     in private, that is reasonably likely to offend, insult,
                       humiliate or intimidate another person on the ground
                       of --
                          (a) the race; or
                         (b) a characteristic that appertains generally to
30                              persons of the race; or


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     Equal Opportunity Amendment Bill 2006



     s. 8



                      (c)   a characteristic that is generally imputed to
                            persons of the race,
                    of that other person or of a relative or associate of that
                    other person.
 5            (2)   Conduct is taken not to occur in private if it --
                     (a) consists of any form of communication with the
                          public or a section of the public; or
                     (b) occurs in a public place or in the sight or
                          hearing of people who are in a public place.
10            (3)   In subsection (2) --
                    "public place" includes a place to which the public or
                         a section of the public has access, or is expressly
                         or impliedly permitted to have access, whether on
                         payment or not.

15          49F.    Exceptions
                    Nothing in section 49E renders it unlawful to do an act
                    reasonably and in good faith --
                      (a) in the performance, exhibition or distribution of
                           an artistic work; or
20                    (b) in the course of a statement, publication,
                           discussion or debate made or held for --
                             (i) a genuine academic, artistic or scientific
                                   purpose; or
                            (ii) any other genuine purpose in the public
25                                 interest;
                           or
                      (c) in making or publishing --
                             (i) a fair and accurate report of; or




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                                       Equal Opportunity Amendment Bill 2006



                                                                            s. 9



                            (ii)  a fair comment that is an expression of a
                                  genuine belief held by the person
                                  making the comment in relation to,
                           an event or matter of public interest.
 5                                                                            ".

     9.   Section 80 amended
          Section 80 is amended as follows:
            (a) by deleting "age eliminating" and inserting instead --
                 " age, eliminating ";
10         (b) after "accommodation," by inserting --
           "
                 eliminating, as far as possible, racially offensive
                 behaviour in public,
                                                                             ";
15         (c)       in paragraph (a) by deleting "discrimination or sexual or
                     racial harassment" and inserting instead --
                 "
                           discrimination, sexual or racial harassment or
                           racially offensive behaviour
20                                                                            ";
           (d)       after paragraph (b)(ii) by inserting --
                       "
                           (iia)   elimination of racially offensive
                                   behaviour in public; and
25                                                                          ";
           (e)       in paragraph (e) by deleting "harassment;" and inserting
                     instead --
                 "
                           harassment, and means of eliminating racially
30                         offensive behaviour in public; and
                                                                              ";


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     Equal Opportunity Amendment Bill 2006



     s. 10



                        (f)       after each of paragraphs (a), (b)(i), (b), (c), (d), (f), (fa)
                                  and (g)(i) and (ii) by inserting --
                                  " and ".

     10.              Section 83 amended
 5         (1)        Section 83(1) is amended as follows:
                        (a) after paragraph (a) by inserting --
                             " or ";
                       (b) after paragraph (c) by deleting the full stop and inserting
                             instead --
10                            "
                                        ; or
                                  (d)   in the case of an alleged contravention of
                                        section 49E and subject to subsection (3a), a
                                        representative body on behalf of one or more
15                                      named members of the affected racial group.
                                                                                                   ".
           (2)        Section 83(3) is amended as follows:
                        (a) after "subsection (1)" by inserting --
                             " (a) or (b) ";
20                     (b) by deleting "representative" in both places where it
                             occurs and inserting instead --
                             " group ".
           (3)        After section 83(3) the following subsection is inserted --
                 "
25                   (3a)     A complaint cannot be lodged under subsection (1)(d)
                              unless --
                                (a) each person named in the complaint has
                                     consented to the complaint being made on his
                                     or her behalf; and
30                             (b) the act the subject of the alleged contravention
                                     is a matter of genuine concern to the body

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                                              Equal Opportunity Amendment Bill 2006



                                                                                  s. 11



                                  because of the way acts of that kind affect, or
                                  may affect, the people the promotion of whose
                                  interests or welfare is the body's primary
                                  purpose.
 5                                                                                   ".
           (4)       Section 83(6) is repealed and the following subsection is
                     inserted instead --
                 "
                     (6)   In this section --
10                         "affected racial group", in relation to an alleged
                                contravention of section 49E, means the class of
                                persons it is alleged are likely to be offended,
                                insulted, humiliated or intimidated by the act the
                                subject of the alleged contravention;
15                         "representative body", in relation to an alleged
                                contravention of section 49E, means a body
                                (whether incorporated or not) that has as its
                                primary purpose the promotion of the interests or
                                welfare of people who are, or include, members of
20                              the affected racial group;
                           "trade union" means an organisation of employees or
                               an organisation of employers.
                                                                                     ".

     11.             Section 89 amended
25                   Section 89(1) is amended as follows:
                       (a) by deleting "substance or" and inserting instead --
                            " substance, ";
                      (b) by deleting "Act," and inserting instead --
                 "
30                         Act or, in the case of a complaint lodged under
                           section 83(1)(d), is made in contravention of
                           section 83(3a),
                                                                                     ".

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     Equal Opportunity Amendment Bill 2006



     s. 12



     12.         Section 114 amended
                 Section 114 is amended by deleting "representative" in both
                 places where it occurs and inserting instead --
                 "    group     ".

 5   13.         Section 115 amended
           (1)   Section 115(1) is amended as follows:
                   (a) by inserting after "permit a complaint" --
                        " lodged under section 83(1)(a) or (b) or (1a) ";
                  (b) by deleting "representative" in both places where it
10                      occurs and inserting instead --
                            "   group   ".
           (2)   Section 115(2) is amended as follows:
                   (a) by inserting after "In considering" --
                        " under subsection (1) ";
15                (b) by deleting "representative" in both places where it
                        occurs and inserting instead --
                        " group ".

     14.         Section 116 amended
                 Section 116 is amended as follows:
20                 (a) by inserting after "Where" --
             "
                           , having considered a complaint under section 115,
                                                                                    ";
                     (b)    in paragraphs (a) and (b) by deleting "representative" in
25                          each place where it occurs and inserting instead --
                            " group ".




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                                          Equal Opportunity Amendment Bill 2006



                                                                               s. 15



     15.         Section 117 amended
                 Section 117 is amended as follows:
                   (a) by deleting "representative" in the first place where it
                        occurs and inserting instead --
 5                      " group ";
                  (b) by deleting "representative complaint" in the second
                        place where it occurs and inserting instead --
                        "
                              group complaint or a complaint under
10                            section 83(1)(d)
                                                                                  ".

     16.         Section 126 amended
           (1)   Section 126 is amended as follows:
                   (a) before "The Tribunal" by inserting the subsection
15                      designation "(1)";
                  (b) by deleting "a party to an investigation at any time after
                        the lodging of the complaint into which that
                        investigation is held," and inserting instead --
                  "
20                     the complainant or respondent to a complaint into
                       which an inquiry is being held,
                                                                                  ".
           (2)   At the end of section 126 the following subsection is inserted --
             "
25               (2)   In this section --
                       "parties", in relation to a group complaint or a
                            complaint lodged under section 83(1)(c) or (d),
                            includes the persons on whose behalf the
                            complaint was made.
30                                                                                ".



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     Equal Opportunity Amendment Bill 2006



     s. 17



     17.         Section 127 amended
           (1)   Section 127(b)(i) is amended as follows:
                   (a) by deleting "representative" and inserting instead --
                        " group ";
 5                (b) by deleting "to the complainant".
           (2)   Section 127(b)(iii) is amended as follows:
                   (a) by deleting "representative" and inserting instead --
                        " group ";
                  (b) by deleting "the complainant;" and inserting instead --
10                      " reason of the respondent's conduct; ".




 


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