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Legislation in schedules is amended or repealed according to its terms.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