human-rights-legislation-amendment-act-2017.pdf, p.6
Defines 'acts, omissions or practices' in relation to a complaint.
1 Subsection 3(1)
Establishes a class hierarchy for complaints
human-rights-legislation-amendment-act-2017.pdf, p.7
10 At the end of section 20
Act expeditiously in dealing with a complaint and finish within 12 months.
10(10) At the end of section 20
No duty imposed on Commission by subsections (9) and (10)
10(11) At the end of section 20
Legally enforceable obligation to observe rules of natural justice
10(12) At the end of section 20
Subsection (11) does not affect a legally enforceable obligation to observe the rules of natural justice.
Obligation to observe rules of natural justice
Act fairly in the performance of functions
10(9) At the end of section 20
human-rights-legislation-amendment-act-2017.pdf, p.8
11 After section 20
Commission to endeavour by conciliation to effect a settlement of matters that gave rise to inquiry
12 Paragraph 31(b)
Commission must be satisfied that inquiry is not warranted
13 After paragraph 32(3)(b)
human-rights-legislation-amendment-act-2017.pdf, p.9
No reasonable prospect of settlement by conciliation
14 After subparagraph 32(3)(c)(ii)
15 At the end of section 32
The Commission must act fairly in the performance of its functions.
15(4) At the end of section 32
Act expeditiously and complete complaint within 12 months.
15(5) At the end of section 32
No duty imposed on Commission by subsections (4) and (5)
15(6) At the end of section 32
15(7) At the end of section 32
(7) Subsection (6) does not affect a legally enforceable obligation to observe the rules of natural justice.
16 After section 32
human-rights-legislation-amendment-act-2017.pdf, p.10
17 Section 46
Repeal heading and substitute with new text.
18 Section 46C (heading)
19 Paragraph 46C(1)(a)
Repeal definition of alleged unlawful discrimination
2 Subsection 3(1) (definition of alleged unlawful
20 After subsection 46C(2)
Commissioner must submit reports to Minister on human rights enjoyment and exercise.
20(2A) After subsection 46C(2)
Reports to be submitted by the Commissioner regarding Native Title Act 1993 and its impact on human rights.
20(2B) After subsection 46C(2)
Reports must be submitted after the subsection has occurred
Reports must be submitted after subsection 46C(2)
The Commissioner is required to submit reports
The Commissioner submits reports regularly
Recommendations for action to ensure human rights enjoyment and exercise.
20(2C) After subsection 46C(2)
Defines a temporal interval for the report.
(2C) A report under subsection (2A) or (2B)
Implies that the State must take action.
Propagates the obligation to take action.
Commission may report to Minister on inquiry into human rights issue.
20A Reports to the Minister
21 Subsections 46C(3) and (4)
Omit specified paragraph and substitute with new subsections.
22 Section 46M
Repeal of heading and substitution with new title
23 Section 46MB
human-rights-legislation-amendment-act-2017.pdf, p.11
24 Paragraph 46MB(1)(a)
25 Subsection 46MB(3)
Submit reports to the Minister on human rights matters related to children in Australia.
25(3) Subsection 46MB(3)
Recommendations for action to ensure human rights enjoyment by children in Australia
25(3A) Subsection 46MB(3)
Imposes a duty on the National Children’s Commissioner
26 Subsections 46MB(4), (5) and (6)
27 Subsection 46P(1)
Written complaint alleging unlawful discrimination may be lodged with the Commission.
27(1) Subsection 46P(1)
Must be reasonably arguable that the alleged acts, omissions or practices are unlawful discrimination.
27(1A) Subsection 46P(1)
There is a reasonable time frame between the alleged acts, omissions or practices and them being unlawful discrimination.
The requirement must be within a reasonable time frame of being unlawful discrimination.
The alleged acts, omissions or practices are reasonably arguable that they are unlawful discrimination.
The requirement is a subclass of a more general concept of unlawful discrimination.
It is obligatory to argue that the alleged acts, omissions or practices are unlawful discrimination.
Obligation to comply with the requirement.
The alleged acts, omissions or practices must be reasonably arguable that they are unlawful discrimination.
There is a reasonable argument for the alleged acts, omissions or practices being unlawful discrimination in a wider context.
If the alleged acts, omissions or practices are reasonably arguable to be unlawful discrimination, then they must be reasonably arguable to be unlawful discrimination in a wider context.
It is reasonably arguable that the alleged acts, omissions or practices are unlawful discrimination.
If the alleged acts, omissions or practices are reasonably arguable to be unlawful discrimination, then it must be reasonably arguable that they are unlawful discrimination.
Must provide details of alleged acts, omissions or practices.
27(1B) Subsection 46P(1)
human-rights-legislation-amendment-act-2017.pdf, p.12
Omit 'unlawful discrimination' and substitute 'acts, omissions or practices'
28 Paragraphs 46P(2)(a), (b) and (c)
29 Subsection 46PC(1)
3 Subsection 8(2)
Members must co-operate with each other to achieve common objectives.
3(2) Subsection 8(2)
Does not affect the operation of section 44
3(3) Subsection 8(2)
30 Subsection 46PE(3)
31 Subsection 46PF(1)
The President must consider a complaint and attempt to conciliate it.
31(1) Subsection 46PF(1)
The President must consider a complaint.
The President may inform themselves of necessary facts and circumstances.
31(1A) Subsection 46PF(1)
President has knowledge of necessary facts and circumstances
President may inform themselves with possibility of forming opinion
Notification requirements must be complied with after terminating a complaint.
31(1B) Subsection 46PF(1)
Omit 'alleged unlawful discrimination', substitute 'alleged acts, omissions or practices'
32 Subsection 46PF(3)
Substitute 'alleged acts, omissions or practices'
Prohibits alleged unlawful discrimination
Commission may report to Minister on inquiry into discrimination
32A Reports to the Minister
Omit 'unlawful discrimination', substitute 'acts or omissions'
33 Subsection 46PF(3) (note)
human-rights-legislation-amendment-act-2017.pdf, p.13
34 Subsection 46PF(4)
Omit 'unlawful discrimination', substitute 'acts, omissions or practices'
35 Paragraph 46PF(5)(a)
36 At the end of section 46PF
The President must act expeditiously in dealing with a complaint and use best endeavours to finish within 12 months.
36(10) At the end of section 46PF
The President has an obligation to act expeditiously.
No enforceable duty on the President imposed by subsections (6) and (10)
36(11) At the end of section 46PF
36(12) At the end of section 46PF
(12) Subsection (11) does not affect a legally enforceable obligation to observe the rules of natural justice.
Act fairly to complainant and respondent in dealing with complaint.
36(6) At the end of section 46PF
Must notify certain persons of a complaint
36(7) At the end of section 46PF
Notify respondent or other person upon specified events
36(8) At the end of section 46PF
Definition of adverse allegation for purposes of subsections (7) and (8)
36(9) At the end of section 46PF
Applies to explicit class/type/subclass hierarchies
human-rights-legislation-amendment-act-2017.pdf, p.14
37 Before subsection 46PH(1)
Imposes a duty on the State to terminate complaints discretionally
human-rights-legislation-amendment-act-2017.pdf, p.15
Omit 'unlawful discrimination is', substitute 'acts, omissions or practices are'.
38 Paragraph 46PH(1)(a)
39 Paragraph 46PH(1)(b)
Powers of Commission must be exercised by President
4 After subsection 8(6)
President must exercise Commission's powers
Commission's powers must be exercised by President
40 Paragraph 46PH(1)(b)
The President must be satisfied that an inquiry is not warranted.
41 Paragraph 46PH(1)(c)
41A Paragraph 46PH(1)(h)
41B Paragraph 46PH(1)(i)
Consideration of exemption applies to determination of non-unlawful discrimination
42 At the end of subsection 46PH(1)
An act, omission or practice may not be unlawful discrimination
43 After subsection 46PH(1)
43(1A) After subsection 46PH(1)
Must terminate complaint if trivial, vexatious, misconceived or lacking in substance.
43(1B) After subsection 46PH(1)
Obligation to terminate complaint if no reasonable prospect of settlement by conciliation
Must terminate complaint if no reasonable prospect of Federal Court/Federal Circuit Court satisfaction
43(1C) After subsection 46PH(1)
Complaint may be terminated at any time.
43(1D) After subsection 46PH(1)
human-rights-legislation-amendment-act-2017.pdf, p.16
44 Before subsection 46PH(2)
45 Subsection 46PH(2)
46 Subsection 46PH(2)
Omit ‘that decision’ (wherever occurring)
Functions of the Commission that are to be performed by the Commissioner etc.
46C Functions of the Commission that are to be performed by the
Functions of Commission that are to be performed by the National Children’s Commissioner etc.
46MB Functions of Commission that are to be performed by the
Imposes a duty on the National Children’s Commissioner etc.
human-rights-legislation-amendment-act-2017.pdf, p.17
46PJ President may hold conferences
The President may hold a conference to conciliate a complaint.
46PJ(1) President may hold conferences
The President may invite people to attend a conference.
46PJ(2) President may hold conferences
The President must require a person to attend a conference.
46PJ(3) President may hold conferences
Notice under subsection (3) must specify place, time, and effect of subsection (5)
President must provide notice with conference details and effect of subsection (5)
46PJ(4) President may hold conferences
Refusal to attend a conference after notice is an offence.
46PJ(5) President may hold conferences
Notice overlaps with refusal to attend conference.
(5) A person commits an offence if: (a) the person has been given a notice under subsection (3) requiring the person to attend a conference; and (b) the person refuses or fails to comply with the requirement.
If the person refuses, they commit an offence.
Prohibition of refusing to attend a conference after notice.
There is an obligation to attend a conference after notice.
The refusal occurs after the notice expires.
Subsection (5) is an offence of strict liability.
46PJ(6) President may hold conferences
The Commonwealth must pay a reasonable sum for the person's expenses of attendance.
46PJ(7) President may hold conferences
The Commonwealth has an obligation to pay the person's expenses.
human-rights-legislation-amendment-act-2017.pdf, p.18
46PK Proceedings at conferences
Prevents admissibility of evidence from reconciliation proceedings in other cases. Conference proceedings must be conducted in an appropriate manner.
46PK(1) Proceedings at conferences
Prevents admissibility within a specific time frame
(1) Evidence of anything said or done by a person in the course of the conciliation of a complaint in accordance with section 46PF is not admissible in any proceedings relating to the alleged acts, omissions or practices.
The conference occurs within a specific timeframe.
Conference proceedings must occur within a specific timeframe.
(1) Subject to this section, a conference mentioned in subsection 46PJ(1) is to be conducted in such manner as the person presiding at the conference considers appropriate.
Rebuts admissibility of evidence from reconciliation proceedings
The conference recognizes specific entities.
Conference proceedings must recognize specific entities.
The person presiding must conduct the proceedings in an appropriate manner.
Obligation to conduct proceedings appropriately.
The conference spreads to other entities.
Conference proceedings must spread to other entities.
The conference occurs after a specific event.
Conference proceedings must occur after a specific event.
Conference proceedings must be conducted in private. Exemption from subsection (1) for section 46PSA.
46PK(2) Proceedings at conferences
Prohibition of public conference proceedings.
(2) The conference is to be conducted in private.
46PK(3) Proceedings at conferences
The person presiding must take all reasonable steps...
(3) The person presiding at the conference...
No representation allowed at conferences without consent.
46PK(4) Proceedings at conferences
an individual is not entitled to be represented at the conference by another person;
(4) Unless the person presiding at the conference consents:
Implication of consent for representation
a body (whether or not incorporated) is not entitled to be represented at the conference otherwise than by a person who is an officer or employee of the body.
Entitlement to nominate another person to attend on behalf of an individual with a disability.
46PK(5) Proceedings at conferences
Individuals with disabilities can nominate another person to assist at conferences.
46PK(6) Proceedings at conferences
Assistance occurs during the conference.
Individuals with disabilities have a right.
Definition of disability for purposes of this section
46PK(7) Proceedings at conferences
Certain proceedings have a prohibition on admitting things said in conciliation within a temporal interval
...Things said in conciliation are not admissible in evidence in certain proceedings
Disability is defined for purposes of this section
For the purposes of this section, disability has the same meaning as...
Certain proceedings have a prohibition on admitting things said in conciliation
Obligation to prohibit admitting things said in conciliation
Certain proceedings have a conditional prohibition on admitting things said in conciliation
Must include a statement about cost awards in proceedings under section 46PO.
47 Before subsection 46PH(3)
48 Before subsection 46PH(4)
Repeal sections and substitute with new ones.
49 Sections 46PJ and 46PK
The President has power to do all things necessary or convenient for the performance of his or her functions.
5 At the end of section 8A
human-rights-legislation-amendment-act-2017.pdf, p.19
50 Section 46PL
51 Subsection 46PM(1)
Prohibits the omission of certain phrases.
Substitute paragraph 46PF(1)(b) or section with ‘or’.
52 Paragraph 46PO(1)(a)
Application must not be made unless court grants leave or complaint is terminated under certain conditions.
53 After subsection 46PO(3)
Prohibition of making an application without court leave or termination of complaint.
human-rights-legislation-amendment-act-2017.pdf, p.20
Award costs in proceedings under this section
54 At the end of subsection 46PO(4)
Omit specific text from existing provision.
55 Subsection 46PP(3)
Insertion of paragraph 46PF(1)(b) after 'terminated under'
56 Subsection 46PS(1)
Court may have regard to an offer to settle when deciding whether to award costs.
57 After section 46PS
Offer was or is rejected during the proceedings
Proceedings have been instituted under section 46PO against a respondent to a terminated complaint
Court may consider the offer when deciding whether to award costs
Court may use artificial intelligence to consider the offer when deciding whether to award costs
Court may diffuse the offer to settle into consideration of costs
Amendments apply in relation to inquiries made after commencement.
58 Application of amendments
Obligation on the State to apply amendments.
human-rights-legislation-amendment-act-2017.pdf, p.22
Continues to apply previous section despite amendment.
59 Transitional—tabling of reports
New amendment does not affect previous section.
6 Paragraph 11(1)(f)
Prohibition on delegating certain powers
7 After subsection 19(2B)
Overlaps with the power that can be exercised by the President
Subsection (2) does not allow the President to delegate a power that can be exercised by the President because of subsection 8(6A)
The power is classified as one that requires human oversight.
Classifies the power as one that requires human oversight
The President cannot delegate this power.
8 After paragraph 20(2)(b)
9 After subparagraph 20(2)(c)(ii)
human-rights-legislation-amendment-act-2017.pdf, p.5
1 Short title
1 Section 1
Temporal relationship between the Act and its commencement
The Act begins on the day after it receives Royal Assent.
human-rights-legislation-amendment-act-2017.pdf, p.23
Repeal section and substitute with new content.
1 Section 209
human-rights-legislation-amendment-act-2017.pdf, p.27
Amendment history for Human Rights Legislation Amendment Act 2017
1 Mar 2021
The Act is the Human Rights Legislation Amendment Act 2017.
Identifies the Act as a specific legislation
12 Apr
13 April 2017
Consequential Amendments and Transitional Provisions
2 Commencement
Commissioner must report to the Commonwealth Minister about the operation of this Act or its effect on human rights.
209 Reports by Aboriginal and Torres Strait Islander Social Justice
This Act requires the Commissioner to report.
The Commissioner's responsibility includes reporting.
The Commissioner is responsible for reporting.
The Commissioner has a responsibility to report.
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
human-rights-legislation-amendment-act-2017.pdf, p.1
Includes amendments up to Act No. 13, 2021
1 September 2021
Compilation information and notes on amendments.
3 November 2021
An Act to amend legislation relating to human rights, and for other purposes
Human Rights Legislation Amendment Act 2017