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