disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.8
Repeal section and substitute with new content.
1 Section 16
16 Act done because of age and for other reason
Act must be done for at least two reasons, one of which is the age of a person or a characteristic generally imputed to persons of that age.
16(1) Act done because of age and for other reason
...the age of a person; or ...a characteristic that appertains generally to persons of the age of a person; or ...a characteristic that is generally imputed to persons of the age of a person.
(i) the age of a person; or (ii) a characteristic that appertains generally to persons of the age of a person; or (iii) a characteristic that is generally imputed to persons of the age of a person.
...one of the reasons is: ...the age of a person; or ...a characteristic that appertains generally to persons of the age of a person; or ...a characteristic that is generally imputed to persons of the age of a person.
(a) an act is done for 2 or more reasons; and (b) one of the reasons...
Age is a reason for the act to be taken.
16(2) Act done because of age and for other reason
It is done because of the age of the person.
2 Application
Omit section 49A of the Acts Interpretation Act 1901, substitute section 14 of the Legislative Instruments Act 2003.
3 Subsection 39(6)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.9
1 Subsection 4(1)
assistance animal has the meaning given by subsection 9(2)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.10
10 Subsection 4(1) (definition of discriminate)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.14
Applicability to persons with an associate having a carer, assistant, etc.
10 Disability Discrimination and Other Human Rights Legislation
The Act applies from the time of the associate's carer, assistant, etc.
This Act applies in relation to a person who has an associate...
The Act is applicable using CogAI reasoning
The Act applies to persons with an associate having a carer, assistant, etc.
The Act diffuses to persons with an associate having a carer, assistant, etc.
The Act applies repeatedly from the time of the associate's carer, assistant, etc.
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.29
Insertion of Disability Discrimination Act 1992 after Age Discrimination Act 2004
100 Subparagraph 8(3)(b)(i)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.30
Repeal paragraph, substitute with specific industrial instruments and court orders.
101 Paragraph 47(1)(c)
A person does not comply with an industrial instrument if it purports to comply with a void provision.
102 At the end of subsection 47(1)
Prohibits purporting to comply with a void provision.
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.31
103 Subsections 55(1A) to (1D)
104 Subsections 55(2) and (3)
Substitute Division 1 or 2 in a specific provision.
105 Section 58
Replaces Division numbers with alternatives.
106 Item 3 of Schedule 35
Extends concept of discrimination to associates and carers, assistants, animals, disability aids
11 Subsection 4(1) (at the end of the definition of
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.15
Consideration of relevant circumstances when determining an unjustifiable hardship
11 Unjustifiable hardship
Repeal definition of institution of tertiary education
12 Subsection 4(1) (definition of institution of tertiary
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.16
Burden of proof for unjustifiable hardship
12 Disability Discrimination and Other Human Rights Legislation
An adjustment is reasonable unless it imposes an unjustifiable hardship.
13 Subsection 4(1)
The adjustment overlaps with the conditions under which imposing an unjustifiable hardship would be unacceptable.
An adjustment is reasonable if it overlaps with the conditions under which imposing an unjustifiable hardship would be unacceptable.
Imposing an unjustifiable hardship would be unacceptable during this time period.
If making the adjustment would impose an unjustifiable hardship, then it is not a reasonable adjustment.
Making the adjustment would impose an unjustifiable hardship.
A reasonable adjustment is one that does not impose an unjustifiable hardship.
The adjustment imposes an unjustifiable hardship.
The adjustment diffuses the conditions under which imposing an unjustifiable hardship would be unacceptable.
An adjustment is reasonable if it diffuses the conditions under which imposing an unjustifiable hardship would be unacceptable.
Imposing an unjustifiable hardship will diffuse to this point.
The adjustment will eventually not impose an unjustifiable hardship.
An adjustment is reasonable if it will eventually not impose an unjustifiable hardship.
Imposing an unjustifiable hardship will eventually occur.
Repeal definition of education institution
14 Subsection 4(1) (definition of technical and further
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.18
14 Disability Discrimination and Other Human Rights Legislation
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.11
15 Subsection 4(1) (definition of this Act)
Repeal definition of unjustifiable hardship and substitute with a new definition.
16 Subsection 4(1) (definition of unjustifiable hardship)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.20
Omit 'or a disability of any of the student's associates'
16 Disability Discrimination and Other Human Rights Legislation
Repeal sections and substitute with new provisions.
17 Sections 5 to 9
Repeal section and substitute with new provision
18 Section 11
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.22
18 Disability Discrimination and Other Human Rights Legislation
Employer may require genetic information for certain purposes.
18(3) Disability Discrimination and Other Human Rights Legislation
Subject to subsection 54A(5) (evidence that an animal is an assistance animal)
18(4) Disability Discrimination and Other Human Rights Legislation
19 Subsection 12(1) (definition of limited application
2 Subsection 4(1) (definition of auxiliary aid)
Give effect to the Disabilities Convention
20 After paragraph 12(8)(b)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.24
20 Disability Discrimination and Other Human Rights Legislation
Subsection (3) does not apply in relation to Division 2A of Part 2
21 After subsection 13(3)
21A Exception—inherent requirements
Discrimination allowed under certain conditions
21A(1) Exception—inherent requirements
Permits discrimination under specific circumstances
(1) This Division does not render it unlawful...
Factors to consider when determining an individual's ability to carry out inherent work requirements.
21A(2) Exception—inherent requirements
The aggrieved person works for another person if certain conditions are met.
21A(3) Exception—inherent requirements
The aggrieved person works for another person during a specific period.
The conditions are related to the duration of employment.
The aggrieved person works for another person.
If the conditions are met, the aggrieved person must work for another person.
(a) or (b) or (c) or (d) or ((i) and (ii))
The other person is an authority or body that is empowered to confer, renew, extend, revoke or withdraw an authorisation or qualification.
The conditions are equivalent to the type of employment.
Exceptions to the application of section 21A(4)
21A(4) Exception—inherent requirements
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.19
No discrimination is unlawful if it would impose an unjustifiable hardship on the discriminator.
21B Exception—unjustifiable hardship
This Division does not render it unlawful for a person (the discriminator) to discriminate against another person...
Insertion of a matter dealt with by a disability standard after the Act.
22 Paragraphs 13(4)(a) and (5)(a)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.26
22 Disability Discrimination and Other Human Rights Legislation
Discrimination against a person with a disability is not unlawful if certain conditions are met.
22(6) Disability Discrimination and Other Human Rights Legislation
The request for evidence must occur during the specified conditions.
Describes a temporal relationship between events.
The discriminator requests or requires evidence from the person with the disability during certain conditions.
The animal is not trained to meet standards of hygiene and behaviour.
Describes a relationship between an agent and its training.
The person with the disability neither produces evidence that the animal is trained to meet standards of hygiene and behaviour.
The person with the disability can be discriminated against if certain conditions are met.
Prohibits discrimination against a person with a disability under certain conditions.
The discriminator is not allowed to discriminate against the person with the disability.
The request for evidence must occur until the specified conditions are met.
The person with the disability neither produces evidence that the animal is an assistance animal nor produces evidence that the animal is trained to meet standards of hygiene and behaviour.
Describes a relationship between a value and a node.
No effect on liability for damage to property caused by an assistance animal.
22(7) Disability Discrimination and Other Human Rights Legislation
The provision overlaps with other provisions.
Indicates that the provision overlaps with other provisions.
(7) This Part does not affect the liability of a person for damage to property caused by an assistance animal.
The provision is recognized by AI systems.
Indicates that the provision is recognized by AI systems.
The liability of a person for damage to property caused by an assistance animal is unaffected by this Part.
Excludes liability for damage to property caused by an assistance animal.
The provision diffuses into other provisions.
Indicates that the provision diffuses into other provisions.
The provision repeats in other contexts.
Indicates that the provision repeats in other contexts.
23 Subsection 15(1)
Omit “or a disability of any of that employee’s associates”.
24 Subsection 15(2)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.28
24 Disability Discrimination and Other Human Rights Legislation
Prohibits omitting the specified phrase.
25 Subsection 15(4)
Omit “or a disability of any of that person’s associates”.
26 Subsection 16(1)
26 Disability Discrimination and Other Human Rights Legislation
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.17
Omit “or a disability of any of the person’s associates”.
27 Subsection 16(2)
28 Subsection 16(3)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.32
28 Disability Discrimination and Other Human Rights Legislation
29 Subsection 17(1)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.21
29A Unjustifiable hardship
3 Subsection 4(1)
Omit specific phrase from contract worker's associates
30 Subsection 17(1)
30 Requests for information
Prohibition on discrimination against persons with disabilities
30(1) Requests for information
...in doing a particular act, to discriminate against another person...
Defines temporal interval for application
(1) This section applies in relation to a person...
...discriminate against another person on the ground of a disability of the other person.
Recognizes prohibition on discrimination
...discriminate against another person...
Requesting or requiring information from the other person is unlawful.
30(2) Requests for information
It is unlawful to request or require information.
Prohibition of requesting or requiring information.
Requesting or requiring information is not allowed.
31 Subsection 17(2)
31 Disability standards
Minister may formulate disability standards.
31(1) Disability standards
Disability standards may deal with certain aspects, including exemptions.
31(2) Disability standards
Consider comments from State/Territory Ministers on disability discrimination
31(3) Disability standards
...comments made by a Minister of a State or Territory
Minister must take into consideration...
Legislative instrument disallowance period
31(4) Disability standards
...before the end of the period in which it could be disallowed in either House of the Parliament.
Disallowance period overlaps with legislative instrument commencement
(4) A legislative instrument made under this section does not take effect...
Disallowance period until legislative instrument cogAI diffusion
Legislative instrument cannot take effect before disallowance period ends
Disallowance period until legislative instrument diffusion
Disallowance period until legislative instrument commencement
32 Subsections 18(1), (2) and (3)
33 Subsection 18(4)
34 Subsection 19(1)
35 Subsection 19(1)
36 Subsection 19(2)
37 Subsection 20(1)
Omit “or a disability of any of the member’s associates”.
38 Subsection 20(2)
Omit 'or a disability of any of the person's associates'
39 Subsection 21(1)
4 Subsection 4(1)
Defines the term "Disabilities Convention"
40 Subsection 21(2)
40(2) Subsection 21(2)
Employment agency cannot instruct or aid employer to do an unlawful act.
40(3) Subsection 21(2)
(2) does not affect the operation of section 122
Employment agency cannot aid or permit employer to do an unlawful act.
(3) Subsection (2) does not affect the operation of section 122
Employment agency cannot cause or induce employer to do an unlawful act.
Section 122 applies if employment agency causes, instructs, induces, aids or permits an employer to do an unlawful act.
Implication of subsection (2) on section 122
41 At the end of Division 1 of Part 2
42 Subsection 22(1)
Prohibition on disability discrimination
43 Subsection 22(2)
44 Subsection 22(2A)
45 Subsection 22(4)
46 Subsection 23(1)
47 Subsection 23(1)
48 Subsection 23(2)
49 Subsection 24(1)
Insertion of genetic predisposition into definition of disability
5 Subsection 4(1) (paragraph (j) of the definition of disability)
5 Direct disability discrimination
Discrimination against a person with a disability is prohibited.
5(1) Direct disability discrimination
Prohibits discrimination against persons with disabilities.
Discriminator must make reasonable adjustments for the aggrieved person.
5(2) Direct disability discrimination
Discriminator has a duty to make reasonable adjustments.
Circumstances are not materially different because of the fact that, because of the disability, the aggrieved person requires adjustments.
5(3) Direct disability discrimination
50 Subsection 24(1)
51 Subsection 24(2)
52 Subsection 25(1)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.25
Does not affect discriminatory provisions in the Migration Act 1958 or a legislative instrument made under that Act.
52 Migration
Omit “or a disability of any of the other person’s associates”.
53 Subsection 25(2)
Repeal paragraphs and substitute with new provision for accommodation provided by charitable or voluntary bodies solely for persons with a particular disability.
54 Paragraphs 25(3)(b) and (c)
Prohibits provision of accommodation by charitable or voluntary bodies for persons with a particular disability.
54A Assistance animals
This section applies in relation to a person with a disability who has an assistance animal.
54A(1) Assistance animals
The state holds an obligation to provide assistance animals.
Request or require assistance animal to remain under control of person with disability or another person on behalf of the person with disability.
54A(2) Assistance animals
An assistance animal may be under the control of a person even if it is not under the person’s direct physical control.
54A(3) Assistance animals
Discrimination against a person with a disability is prohibited if the discriminator reasonably suspects an infectious disease and the discrimination is necessary to protect public health or animal health.
54A(4) Assistance animals
Discrimination is allowed if suspicion occurs within a certain time frame
Temporal interval for infectious disease suspicion
(a) the discriminator reasonably suspects that the assistance animal has an infectious disease
Discrimination is prohibited if conditions are met
Prohibition of discrimination against persons with disabilities
(a) the discriminator reasonably suspects that the assistance animal has an infectious disease; and (b) the discrimination is reasonably necessary to protect public health or the health of other animals.
Discrimination is permitted if conditions are met
Permission for discrimination under certain conditions
(4) This Part does not render it unlawful...
Discrimination is obligatory if it protects public health or animal health
Obligation to protect public health and animal health
(b) the discrimination is reasonably necessary to protect public health or the health of other animals.
Discrimination is allowed if it protects public health or animal health repeatedly
Recurring trace for public health protection
Request for evidence of assistance animal
54A(5) Assistance animals
55 Subsections 26(1) and 27(1)
56 Subsection 27(2)
57 Subsection 27(3)
58 Subsection 28(1)
59 Section 29
Prohibition on discrimination against persons with disabilities.
59 Scope
Prohibits omission of specified phrase or disability
Add Schedule 2 Disability discrimination
6 Subsection 4(1) (at the end of the definition of disability)
6 Disability Discrimination and Other Human Rights Legislation
Definition of disability includes behaviour
Discrimination against a person on the ground of their disability is prohibited.
6 Indirect disability discrimination
Prohibits discrimination against a person on the ground of their disability.
60 Section 30
61 Before section 31
62 Section 31
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.23
63 Saving—disability standards
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.27
63 Amendment of action plans
64 Section 34
64 Action plans may be given to Commission
64(1) Action plans may be given to Commission
Must make copy available to public if action planner gives it to Commission
64(2) Action plans may be given to Commission
Must provide copy if action planner gives it to Commission
65 Sections 36, 38 and 40
Substitute Division 1, 2, 2A for "Divisions 1, 2"
66 Paragraph 43(a)
Replaces Division numbers with a new sequence
Insertion of section number in a division
67 Subsection 44(1)
Omit $1,000 and substitute with penalty units.
68 Subsection 44(1) (penalty)
69 Section 45
7 Subsection 4(1)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.12
7 Discrimination in relation to associates
Discrimination against employees with associates' disabilities is prohibited.
7(1) Discrimination in relation to associates
It is unlawful, under section 15, for an employer to discriminate against an employee on the ground of a disability of any of the employee’s associates.
Prohibits discrimination against employees with associates' disabilities.
This Act applies in relation to a person who has an associate with a disability...
Modify references to disability as if the associate has the disability.
7(2) Discrimination in relation to associates
Modify references to associate as if it were the disability.
Temporal relation between associate and person with disability
Person has an associate with a disability at some point in time
Implication of modification on references
If person has an associate with a disability, then modify references to associate as if it were the disability.
Context suggests modification, so infer it.
Extension of modification to other contexts
Modification applies in this context, so it should apply elsewhere.
Exempts certain sections from the Act's application
7(3) Discrimination in relation to associates
70 Subparagraph 45(b)(i)
Exemption from discrimination in implementing a measure not necessary for its implementation or in relation to rates of salary or wages paid to persons with disabilities.
71 At the end of section 45
72 Subsection 47(3)
Note on discrimination in relation to assistance animals with infectious diseases
73 At the end of section 48
74 Section 50
75 Section 52
76 After section 54
77 Subsection 55(1)
Prohibits the omission of specific words.
78 Subsection 55(1B)
Substitute Division 1, 2 or 2A for 'Division 1 or 2'
79 Section 58
Repeal the definition of disability discrimination.
8 Subsection 4(1) (definition of disability discrimination)
8 Disability Discrimination and Other Human Rights Legislation
8(2) Disability Discrimination and Other Human Rights Legislation
Discriminator's failure to make reasonable adjustments occurs between the time they require or propose to require the aggrieved person to comply with a requirement or condition and the time the aggrieved person would be able to comply.
(a) the discriminator requires, or proposes to require, the aggrieved person to comply with a requirement or condition;
The discriminator must make reasonable adjustments for the aggrieved person.
The discriminator must not make unreasonable demands on the aggrieved person.
Discriminator has a duty to not discriminate against the aggrieved person.
(b) because of the disability, the aggrieved person would comply, or would be able to comply, with the requirement or condition only if the discriminator made reasonable adjustments for the person;
The discriminator must comply with the requirement or condition if it does not disadvantage persons with the disability.
Discriminator has a duty to comply with the requirement or condition if it does not disadvantage persons with the disability.
(c) the failure to make reasonable adjustments has, or is likely to have, the effect of disadvantaging persons with the disability;
Exemption from disability discrimination legislation under certain circumstances.
8(3) Disability Discrimination and Other Human Rights Legislation
Establishes a contingency for exemption under disability discrimination legislation.
(3) Subsection (1) or (2) does not apply if the requirement or condition is reasonable, having regard to the circumstances of the case.
Recognizes exemptions under disability discrimination legislation.
Exempts from disability discrimination legislation under certain circumstances.
Influences exemption under disability discrimination legislation.
Establishes a recursive relationship for exemption under disability discrimination legislation.
Burden of proof lies on the person requiring compliance with a condition.
8(4) Disability Discrimination and Other Human Rights Legislation
The condition overlaps with the set of reasonable requirements.
Condition overlaps with reasonable requirements
The requirement or condition must be reasonable having regard to the circumstances of the case.
The condition is inferentially related to the set of reasonable requirements.
Condition is inferentially related to reasonable requirements
The burden of proof lies on the person requiring compliance.
The person who requires compliance must prove the condition is reasonable.
The condition diffuses into the set of reasonable requirements.
Condition diffuses into reasonable requirements
The condition is recurrent in relation to the set of reasonable requirements.
Condition is recurrent in relation to reasonable requirements
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.13
8 Discrimination in relation to carers, assistants, assistance animals
Applicability to carers, assistants, assistance animals and disabilities
8(1) Discrimination in relation to carers, assistants, assistance animals
Reference to disability is replaced with reference to carer, assistant, animal or aid.
8(2) Discrimination in relation to carers, assistants, assistance animals
Temporal relationship between disability and aid
this Act has effect in relation to a person with a disability who has a carer, assistant, assistance animal or disability aid as if:
Conditional effect on disability references
(2) For the purposes of subsection (1), but without limiting that subsection, this Act has effect in relation to a person with a disability who has a carer, assistant, assistance animal or disability aid as if:
Exemption from discrimination for certain assistance animals
8(3) Discrimination in relation to carers, assistants, assistance animals
80 Section 59
Substitute 'The action planner' for 'A service provider'
81 Section 60
82 Section 61
Prohibits omission of 'of a service provider'
Omit “service provider”, substitute “action planner”.
83 Paragraphs 61(b), (c) and (f)
84 Section 62
Repeal sections and substitute with new ones.
85 Sections 63, 64 and 65
86 Saving—action plans
Substitute subsection 45(1) (special measures)
87 Subsection 67(2)
88 Subsection 107(1) (penalty)
89 Section 122
9 Subsection 4(1)
9 Carer, assistant, assistance animal and disability aid definitions
Defines a carer or assistant for a person with a disability.
9(1) Carer, assistant, assistance animal and disability aid definitions
(1) For the purposes of this Act, a carer or assistant...
a carer or assistant is one of the following...
9(2) Carer, assistant, assistance animal and disability aid definitions
For the purposes of this Act, an assistance animal is a dog or other...
(2) For the purposes of this Act, an assistance animal is a dog or other...
Definition of disability aid for a person with a disability.
9(3) Carer, assistant, assistance animal and disability aid definitions
provides assistance to alleviate the effect of the disability.
(3) For the purposes of this Act, a disability aid...
is used by the person; and provides assistance to alleviate the effect of the disability.
is equipment (including a palliative or therapeutic device) that:...
a disability aid, in relation to a person with a disability, is equipment...
alleviates the effect of the disability.
Defines terms for a person with a disability having a carer, assistant, assistance animal or disability aid.
9(4) Carer, assistant, assistance animal and disability aid definitions
90 Subsection 132(2)
91 Paragraph 11(1)(a)
92 At the end of paragraphs 11(1)(a) to (n)
Add “or” at the end of subparagraphs 8(1)(a)(i), (ii) and (iii)
93 At the end of subparagraphs 8(1)(a)(i), (ii) and (iii)
94 Subparagraph 8(1)(a)(v)
95 At the end of paragraphs 8(1)(a) and (b)
96 At the end of subparagraphs 8(2)(a)(i) and (ii)
97 Subparagraph 8(2)(a)(iv)
98 At the end of paragraph 8(2)(a)
99 At the end of subparagraph 8(3)(a)(i)
Omit Human Rights and Equal Opportunity Commission Act 1986, substitute Australian Human Rights Commission Act 1986.
1 Section 4
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.33
10 Subsection 53(1) (note)
11 Subsection 53(2) (definition of enactment)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.43
Substitute Australian Human Rights Commission for HREOC
111 Paragraph 135(1)(b)
Imposes a duty on the State to substitute HREOC with Australian Human Rights Commission
Substitute Australian Human Rights Commission Act 1986
112 Subsection 161(1)
Imposes a duty on the State to substitute the Act
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.44
113 Subsection 218(1)
Imposes an obligation to omit and substitute section heading
114 Subsection 732(3)
Omit specified act and substitute with another.
115 Paragraphs 9(10A)(a) and (c)
Prohibits the omission of a specific act.
Omit 'Human Rights and Equal Opportunity Commission Act 1986' and substitute 'Australian Human Rights Commission Act 1986'
116 Subsection 11A(4)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.45
Omit 'Governor-General', substitute 'Minister'.
117 Subsection 113(2)
118 Subsection 126(1)
Protection from liability for actions taken in good faith
118(1) Subsection 126(1)
Subsection (1) applies to the Commission, Commissioner, and persons acting under their direction or authority.
118(1A) Subsection 126(1)
119 Subsection 8B(2)
Omit 'Human Rights and Equal Opportunity Commission Act 1986' and substitute 'Australian Human Rights Commission Act 1986'.
12 Subsection 53(2) (definition of proposed enactment)
120 At the end of subparagraphs 14(2)(b)(i) and (ii)
Insertion of 'for or' after 'person acting'
121 Paragraph 14(2)(b)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.46
Repeal penalty and substitute with new penalty.
122 Subsection 14(7) (penalty)
123 Section 17
124 At the end of paragraph 20(1)(a)
125 Paragraph 20(1)(b)
126 At the end of paragraph 20(2)(a)
127 Paragraph 20(2)(b)
128 At the end of subparagraphs 20(2)(c)(i) to (iv)
Commission must be satisfied that complaint has been settled or resolved.
129 At the end of paragraph 20(2)(c)
Obligation to settle or resolve complaint
Commission is satisfied that complaint has been settled or resolved.
13 Paragraph 60(3)(b)
Application of Human Rights and Equal Opportunity Commission Act 1986 to complaints made before, on or after commencement.
130 Application
Obligation applies to the specified provision.
Repeal penalty and substitute with new penalty
131 Subsection 23(1) (penalty)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.47
Refusal to comply with notice results in an offence.
132 Subsection 23(2)
Refusal to comply results in an offence.
Prohibits refusal to comply with notice.
Notice under subsection 21(5) must be answered.
133 Subsection 24(1)
134 At the end of paragraphs 24(1)(a) to (f)
135 Subsection 24(2)
136 Paragraph 26(1)(b)
137 Subsection 26(1) (penalty)
Add “or” at the end of paragraphs 26(2)(a), (b), (e) and (f)
138 At the end of paragraphs 26(2)(a), (b), (e) and (f)
139 Paragraph 26(2)(g)
Substitute Australian Human Rights Commission for Human Rights and Equal Opportunity Commission.
14 Subsection 19A(8) (definition of prescribed agency)
Schedule 3 Australian Human Rights Commission
140 Paragraph 26(2)(j)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.48
Omit $10,000 and substitute with 100 penalty units.
141 Paragraph 26(2)(k)
142 At the end of paragraph 32(1)(a)
143 Paragraph 32(1)(b)
144 At the end of paragraph 32(3)(a)
145 Paragraph 32(3)(b)
Substitute ‘want the Commission to inquire, or to continue to inquire, into the act or practice’
Omit ‘desire that the inquiry be held or continued’
146 At the end of subparagraphs 32(3)(c)(i) to (iv)
The Commission must be satisfied that a complaint has been settled or resolved.
147 At the end of paragraph 32(3)(c)
148 Application
Complaints made between these temporal intervals are subject to this provision.
Temporal interval applies to complaints made before, on or after commencement.
Subparagraph 32(3)(c)(vii) of the Human Rights and Equal Opportunity Commission Act 1986
Complaints made before, on or after commencement are subject to this CogAI.
CogAI applies to complaints made before, on or after commencement.
Complaints made before, on or after commencement are subject to this provision.
Obligation applies to complaints made before, on or after commencement.
Complaints made before, on or after commencement are subject to this diffusion.
Diffusion applies to complaints made before, on or after commencement.
Complaints made during this recurring trace are subject to this provision.
Recurring trace applies to complaints made before, on or after commencement.
149 Subsection 46B(2)
15 Subsection 98(6C)
Note: Functions are also conferred on the Commission under section 209 of the Native Title Act 1993.
150 At the end of subsection 46C(1)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.49
Substitution of phrase in subsection (5)
151 Subsection 46PF(1)
The President may decide not to inquire into a complaint under certain conditions.
152 At the end of section 46PF
Permission to decide not to inquire into a complaint.
The President's satisfaction with the person's wishes or the complaint's resolution.
Application of subsection 46PF(5) to complaints referred before commencement
153 Application
154 Subsection 46PO(2)
Amendment applies within 28 days before or on commencement of Part.
155 Application
Substitute 'legislative instrument' for 'writing'
156 Subsection 47(1)
Repeal subsections and substitute with Schedule 3
157 Subsections 47(2) to (4)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.50
Subsections of Human Rights and Equal Opportunity Commission Act apply to declarations made after or before commencement.
158 Application
...to declarations made after the commencement of this Part.
Subsections apply to declarations during specified time periods.
(1) Subsection 47(2) of the Human Rights and Equal Opportunity Commission Act applies...
...to declarations made before, on or after the commencement of this Part.
(2) Subsection 47(3) of the Human Rights and Equal Opportunity Commission Act applies...
159 Subsection 48(1)
Subsection 48(1) applies to the Commission, its members, and persons acting on their behalf.
159(1) Subsection 48(1)
Subsection applies to the specified persons.
No liability for acts done in good faith
159(2) Subsection 48(1)
Subsection 159(2) includes Act done in good faith
Good faith overlaps with the start of the subsection
Act done in good faith is before or at the same time as the start of Subsection 159(2)
State recognizes the good faith exemption
Good faith diffuses to other parts of the subsection
Act done in good faith is related to other parts of Subsection 159(2)
Good faith reaches the end of the subsection
Act done in good faith is before or at the same time as the end of Subsection 159(2)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.34
Omit specified act and substitute another.
16 Subsection 7A(1F) (note)
Prohibits the Human Rights and Equal Opportunity Commission Act 1986.
Insertion of 'for or' after 'at any time acted'
160 Subsection 49(1)
Insertion of 'for or' after 'having acted'
161 Paragraph 49(1)(a)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.51
162 At the end of paragraph 49(1)(a)
Omit $5,000 and substitute with 50 penalty units.
163 Subsection 49(1) (penalty)
164 Subsection 49(2)
165 Paragraphs 49(2)(a) and (b)
166 Subsection 49(4A)
167 Subsection 3(1) (definition of Chair)
Repeal definition of conciliation committee
168 Subsection 3(1) (definition of conciliation committee)
169 Subsection 3(1) (definition of Council)
17 Subsection 3(1) (definition of act of torture)
170 Subsection 3(1) (definition of Deputy Chair)
171 Subsection 3(1) (definition of member)
172 Part V
173 Part VI (heading)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.52
174 Division 1 of Part VI (heading)
175 Subsection 29(2)
176 Division 2 of Part VI
177 Subsection 45(1)
No liability for acts done in good faith while performing functions or exercising powers.
177(1) Subsection 45(1)
Obligation to perform actions in good faith
177(1A) Subsection 45(1)
Omit all words after 'giving effect to this Act'
178 Section 47
179 Subsection 96(2)
Definition of Covenant in the Criminal Code
18 Dictionary in the Criminal Code (definition of Covenant)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.53
180 Subsection 111(1)
180(1) Subsection 111(1)
180(1A) Subsection 111(1)
19 Subsection 58HA(1)
Repeal and substitute definition of Commission with a new definition.
2 Section 5 (definition of Commission)
20 Paragraph 58HB(1)(a)
21 Subsection 58HB(2) (paragraph (a) of the definition of
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.35
Repeal definition, substitute Commission with Australian Human Rights Commission.
22 Subsection 4(1) (definition of Commission)
23 Subsection 4(1) (definition of Convention)
Definition of Covenant on Civil and Political Rights
24 Subsection 4(1) (definition of Covenant on Civil and
25 Subsection 4(1) (definition of enactment)
26 Subsection 4(1) (definition of proposed enactment)
Omit specified act and substitute with new name.
27 Subsection 13(4)
28 Paragraphs 42(2)(a) to (f)
Repeal heading and substitute with new text.
29 Part 4 (heading)
3 Paragraphs 10(7)(a) and (b)
Omit ‘Human Rights and Equal Opportunity Commission’, substitute ‘Australian Human Rights Commission’.
30 Disability Discrimination and Other Human Rights Legislation
30 Subsection 67(1) (note)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.36
31 Paragraph 127(3)(b)
Replace heading and substitute Commission Act
32 Disability Discrimination and Other Human Rights Legislation
32 Subsection 138(3) (note)
33 Preamble
Replace name of commission with new name.
34 Title
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.38
34 Disability Discrimination and Other Human Rights Legislation
35 Section 1
36 Subsection 3(1) (definition of Commission)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.40
Commission means the Australian Human Rights Commission.
36 Disability Discrimination and Other Human Rights Legislation
Imposes a duty on the legislative body to use the correct term
37 Part II (heading)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.37
Replace heading and name of Human Rights Commission
38 Subsection 7(1)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.42
38 Disability Discrimination and Other Human Rights Legislation
Imposes duty on replacing heading and name
39 Subsection 4(1) (note)
4 Subsection 12(4)
40 Subsection 3(1) (definition of discrimination)
40 Disability Discrimination and Other Human Rights Legislation
41 Subsection 3(1) (definition of human rights)
Replace 'Human Rights and Equal Opportunity Commission' with 'Australian Human Rights Commission'
42 Subparagraphs 8(1)(a)(v), (2)(a)(iv) and (3)(b)(i)
42 Disability Discrimination and Other Human Rights Legislation
Imposes a duty on the Migration Act 1958 to replace 'Human Rights and Equal Opportunity Commission' with 'Australian Human Rights Commission'
43 Paragraph 193(3)(a)
44 Paragraph 193(3)(a)
Omit specified amount from penalty units
44 Disability Discrimination and Other Human Rights Legislation
45 Preamble
46 Subsection 209(1)
46 Disability Discrimination and Other Human Rights Legislation
Must include a copy of the international instrument and applicable ratification or explanation documents.
46(2) Disability Discrimination and Other Human Rights Legislation
Obligation to include specified documents.
Part 6 of the Legislative Instruments Act 2003 does not apply to the declaration.
46(3) Disability Discrimination and Other Human Rights Legislation
does not apply to the declaration during its commencement.
Temporal relationship between Part 6 and the declaration.
Part 6 (sunsetting) of the Legislative Instruments Act 2003
Prohibition on application of Part 6 to the declaration.
Replace Human Rights and Equal Opportunity Commission Act with Australian Human Rights Commission Act.
47 Preamble
Imposes a duty on the legislative body to replace the Act.
Inserts a person performing functions of the Australian Human Rights Commission.
48 Subsection 50(1)
Repeal heading and substitute with new text
48 Disability Discrimination and Other Human Rights Legislation
Classifies the Australian Human Rights Commission as including a person performing its functions.
Repeal definition of Human Rights and Equal Opportunity Commission
49 Subsection 50(1) (definition of Human Rights and Equal
5 Subsection 50(1) (note)
50 Subparagraph 50(2)(a)(i)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.54
50 Disability Discrimination and Other Human Rights Legislation
Imposes a duty on the legislative body to make the change
51 Subparagraph 50(2)(a)(i)
Substitute name of commission in legislation.
52 Subsection 50(2)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.39
53 Paragraph 50(2)(c)
54 At the end of paragraph 50(2)(c)
55 Paragraph 50(2)(e)
56 Subparagraph 50(3)(a)(i)
57 Subparagraph 50(3)(a)(i)
Inserts number 1 after a note in Schedule 1
58 Clause 15 of Schedule 1 (note)
Renaming of Human Rights and Equal Opportunity Act 1986
59 At the end of clause 15 of Schedule 1
The Australian Human Rights Commission Act 1986.
The Human Rights and Equal Opportunity Act 1986 has been renamed.
The Racial Discrimination Act 1975 has been renamed.
The Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 has been amended.
6 Subparagraphs 51(1)(e)(i) to (vi)
Repeal definition, substitute with new definition
60 Subsection 3(1) (definition of Commission)
61 Subsection 6A(2)
62 Subsection 18C(1) (note)
63 Subsection 18C(1) (note)
64 Section 20
65 Section 20 (note)
66 At the end of paragraphs 27(2)(a) and (b)
67 Paragraph 27(2)(e)
Prohibits omission of Australian Human Rights Commission Act 1986.
68 Paragraphs 27(2)(f) and (g)
69 At the end of paragraph 27F(3)(a)
7 Subsection 51(1) (note)
Defines an overlapping temporal interval between the commencement of the new act and the repeal of the old act
Imposes an obligation on the legislative body to make the substitution
Specifies a condition under which the substitution is effective
70 Paragraph 27F(3)(b)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.41
71 Subsection 8B(1)
72 Paragraph 8C(1)(a)
73 Subsection 8C(2) (paragraph (a) of the definition of
Prohibits the use of 'Human Rights and Equal Opportunity Commission Act 1986'
74 Subsection 4(1) (definition of Commission)
75 Subsection 4(1) (definition of enactment)
76 Subsection 4(1) (definition of proposed enactment)
77 Subsections 10(4) and 11(4)
Repeal heading and substitute with new schedule
78 Part III (heading)
Replace heading of section 48 with new heading.
79 Subsection 48(1) (note)
8 Subsection 51(2) (note)
80 Subsection 92(1)
81 At the end of paragraph 92(1)(a)
82 Paragraphs 92(1)(ab) and (b)
83 At the end of paragraph 92(2)(a)
84 Paragraph 92(2)(b)
Prohibits omission of the Australian Human Rights Commission Act 1986.
Add 'or' at the end of certain subparagraphs.
85 At the end of subparagraphs 92(2)(c)(i), (ii) and (iv), (d)(i),
86 Paragraph 94(2)(a)
87 Paragraph 94(2)(b)
88 At the end of paragraph 94(2)(b)
89 Paragraphs 94(2)(c), (d) and (e)
9 Part 6 (heading)
90 Paragraph 94(2)(f)
91 At the end of paragraph 112(3)(a)
92 Paragraph 112(3)(b)
93 Preamble
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.5
1 Short title [see Note 1]
1 Section 1
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.6
1 January 2010
Repeal a penalty and substitute it with a new one.
1 Subsection 27(1) (penalty)
10 Section 10
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.55
Omit $2,500 and substitute with 25 penalty units.
10 Subsection 94(1) (paragraph (a) of the penalty)
11 Section 11
11 Subsection 94(1) (paragraph (b) of the penalty)
Repeal penalty, substitute with new penalty.
12 Subsection 95(1) (penalty)
13 At the end of paragraph 112(1)(a)
14 Subsection 112(1) (penalty)
Prohibits the use of $5,000 and requires substitution with 50 penalty units.
2 Commencement
2 Section 2
Commencement information for Amendment Act 2009
2 Disability Discrimination and Other Human Rights Legislation
Omit $2,500, substitute 25 penalty units
2 Subsection 27(2) (paragraph (a) of the penalty)
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.57
Schedule 3 must be repealed by Royal Assent No. 5, 2011.
22 Mar 2011
27 March 2006
3 Section 3
disability-discrimination-and-other-human-rights-legislation-amendment-act-2009.pdf, p.7
3 Schedule(s)
Schedule provisions for amendment or repeal of Acts and regulations
3(1) Schedule(s)
Governor-General's power to amend regulations
3(2) Schedule(s)
3 Subsection 27(2) (paragraph (b) of the penalty)
Schedule 2 items 101 and 102 at the same time as Schedule 5 to the Workplace Relations Amendment (Work Choices) Act 2005.
4 Section 4
4 Disability Discrimination and Other Human Rights Legislation
4 At the end of paragraph 27F(1)(a)
5 August 2009
Commencement of provisions within 6 months
5 Section 5
Omit $5,000, substitute 50 penalty units
5 Subsection 27F(1) (penalty)
Prohibits omission of $5,000 and substitution with 50 penalty units
6 Section 6
6 Section 40A
7 Section 7
7 Subsection 86(1) (penalty)
8 July 2009
8 January 2010
8 Section 8
Requires temporal relation between intervals
The text mentions 'the start of the 28th day after the day on which this Act receives the Royal Assent'
The text mentions 'the later of' and 'immediately after'
8 Subsection 87(1) (penalty)
9 Section 9
Repeal penalty, substitute with new value
9 Subsection 92(1) (penalty)
The event mentioned in paragraph (b) does not occur
Defines temporal intervals for commencement
The later of: (a) the start of the 28th day after the day on which this Act receives the Royal Assent; and (b) immediately after the commencement of item 82 of Schedule 2 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008.
However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.
Immediately after the commencement of item 82 of Schedule 2 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008.
An Act to amend the Disability Discrimination Act 1992 and other laws relating to human rights, and for related purposes
Disability Discrimination and Other Human Rights Legislation Amendment Act 2009