Repeal a note and substitute with new text.
1 Subsection 53A(1) (note)
10 Subsection 46B(2)
No appointment under subsection (1) unless Minister is satisfied of experience and merit-based process.
10(2) Subsection 46B(2)
...unless the Minister is satisfied that...
Defines temporal interval for appointment process.
(2) A person must not be appointed under subsection (1)...
...and (b) the selection of the person for the appointment is the result of...
Requires justification of experience and appointment process.
(a) the person has significant experience in community life of Aboriginal persons or Torres Strait Islanders;
Recognizes AI application in appointment process.
Prohibits appointment unless conditions are met.
Diffuses responsibility to Minister for satisfaction.
Reappointment of Islander Social Justice Commissioner under previous appointment
10(3) Subsection 46B(2)
11 Subsection 46D(1)
No appointment exceeding 7 years is allowed.
12 After subsection 46D(1)
Prohibition of excessive appointment term
13 Subsection 46MC(2)
Must have qualifications, knowledge or experience and a merit-based selection process.
13(2) Subsection 46MC(2)
Reappointment exception for National Children’s Commissioner
13(3) Subsection 46MC(2)
previous appointment and reappointment overlap
Reappointment period overlaps with previous appointment
reappointment period starts after previous appointment
Excludes reappointment from paragraph (2)(b)
Insertion of '(1)' before 'The National'
14 Section 46MD
15 Section 46MD
No appointment exceeding 7 years is allowed
16 At the end of section 46MD
17 Subsection 113(2)
17(2) Subsection 113(2)
Reappointment exception for Disability Discrimination Commissioner
17(3) Subsection 113(2)
Paragraph (2)(b) does not apply to this reappointment
18 Subsection 114(1)
19 After subsection 114(1)
2 Subsection 53A(2)
2(2) Subsection 53A(2)
Reappointment exception for previous Age Discrimination Commissioner
2(3) Subsection 53A(2)
immediately before the start of the period of reappointment
Defines the temporal interval for reappointment eligibility
the start of the period of reappointment
does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as the Age Discrimination Commissioner under a previous appointment
Justifies the exception for previous Age Discrimination Commissioner
Analyzes the exception for previous Age Discrimination Commissioner
Applies to all persons eligible for reappointment
20 Subsection 29(2)
20(2) Subsection 29(2)
Reappointment exception for Race Discrimination Commissioner
20(3) Subsection 29(2)
holds office as the Race Discrimination Commissioner under a previous appointment
in relation to the reappointment of a person who...
Reappointment exception implies no duty to comply with paragraph (2)(b)
does not apply in relation to the reappointment of a person who...
Reappointment exception inferred from the definition of Race Discrimination Commissioner
Reappointment exception propagates through the definition of Race Discrimination Commissioner
21 Subsection 30(1)
No appointment for more than 7 years without exceeding the sum of previous appointments.
22 After subsection 30(1)
Cannot be appointed for more than 7 years.
Prohibits appointment for more than 7 years.
No previous appointments exceeding 7 years.
23 Subsection 96(2)
23(2) Subsection 96(2)
Reappointment exception for Sex Discrimination Commissioner
23(3) Subsection 96(2)
24 Subsection 97(1)
25 After subsection 97(1)
Temporal overlap between appointment term and previous appointments
Appointment validity not affected by amendments.
26 Existing appointments
Obligation to maintain appointment validity.
3 Subsection 53B(1)
4 After subsection 53B(1)
Prohibition of excessive appointment duration
5 After subsection 8A(1)
Must have appropriate qualifications, knowledge or experience and a merit-based selection process.
5(1A) After subsection 8A(1)
(b) the selection of the person for the appointment is...
No reappointment of President under previous appointment
5(1B) After subsection 8A(1)
6 Subsection 8B(2)
6(2) Subsection 8B(2)
The selection process must occur within a specific time frame.
(b) the selection of the person for the appointment is the result of a process that: (i) was merit-based; and (ii) included public advertising of the position.
Must have qualifications and a merit-based process.
(a) the person has appropriate qualifications, knowledge or experience;
Must be selected through a merit-based process.
The Minister must be satisfied with the qualifications and selection process.
(2) A person must not be appointed under subsection (1) as the Human Rights Commissioner unless the Minister is satisfied that:
No reapplication of paragraph (2)(b) to reappointment of Human Rights Commissioner under previous appointment.
6(3) Subsection 8B(2)
Prevents reapplication of paragraph (2)(b)
Insertion of clause (3) after subsection (2)
7 Subsection 37(1)
8 Subsection 37(1)
9 After subsection 37(1)
No appointment as President for a period exceeding 7 years.
9(2) After subsection 37(1)
...for a period if the sum... exceeds 7 years:
Prohibition of appointment for excessive period
Prohibition on exceeding 7 years of appointment as Human Rights Commissioner
9(3) After subsection 37(1)
...the sum of the following exceeds 7 years:
1 Short title
1 Section 1
The Act is the Australian Human Rights Commission Legislation Amendment (Selection and Appointment) Act 2022.
Note on table limitations and amendments
10 November
Commencement rules for provisions in the Act.
2 Commencement
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
An Act to amend the law relating to the appointment of members of the Australian Human Rights Commission, and for related purposes
Australian Human Rights Commission Legislation Amendment (Selection and Appointment) Act 2022