Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022
An Act to amend the law relating to discrimination, human rights and gender equality, and for other purposes
1 Short title
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.6
The Act is the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022.
2 Commencement
Commencement rules for provisions in the Act.
1 Section 1
12 December
2 Section 2
Schedule 1, effective one day after Royal Assent.
13 December
3 Section 3
4 Section 4
5 Section 5
6 Section 6
3 Schedules
Legislation in schedules is amended or repealed according to its terms.
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.7
4 Review of operation of amendments
4(1) Review of operation of amendments
The Minister must conduct an independent review of the operation of amendments.
4(2) Review of operation of amendments
Review of operation of amendments to consider effectiveness and capacity of Australian Human Rights Commission.
4(3) Review of operation of amendments
Conditional commencement of review after a certain period.
Describes the temporal interval for commencement of review.
4(4) Review of operation of amendments
Minister must receive written report from review persons within 9 months.
4(5) Review of operation of amendments
Minister must table report in each House of Parliament within 15 sitting days.
1 Title
Omit discrimination involving harassment on the ground of sex.
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.8
Prohibits discrimination involving harassment on the ground of sex.
2 After paragraph 3(c)
Eliminate discrimination involving hostile workplace environments on the ground of sex.
3 Subsection 4(1)
Defines workplace as in Work Health and Safety Act 2011.
Workplace has the same meaning as in the Work Health and Safety Act 2011.
Workplace is defined as in Work Health and Safety Act 2011.
The definition of workplace is related to the Work Health and Safety Act 2011.
The definition of workplace implies regulation by the Work Health and Safety Act 2011.
Definition spreads to related regulations
The definition of workplace diffuses to related regulations, such as the Work Health and Safety Act 2011.
The definition of workplace implies regulation by AI, such as the Work Health and Safety Act 2011.
4 After section 8
8A Workplace environment that is hostile for 2 or more reasons
Workplace environment must not be hostile for 2 or more reasons
Prohibits hostile workplace environments
5 At the end of Division 3 of Part II
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.9
28M Hostile workplace environments
28M(1) Hostile workplace environments
Subjecting another person to a hostile workplace environment on the ground of sex is unlawful.
Prohibits subjecting another person to a hostile workplace environment.
(1) It is unlawful for a person to subject another person to a workplace environment that is hostile on the ground of sex.
It is unlawful for a person to subject another person to a workplace environment that is hostile on the ground of sex.
Defines the temporal interval for which the prohibition applies.
The provision applies to all time periods.
Defines the recurring trace for which the prohibition applies.
The provision applies to all workplaces.
Diffuses the prohibition to all relevant entities.
The provision diffuses to all workplaces.
Classifies the provision as a prohibition using artificial intelligence.
The provision classifies the behavior as unlawful.
28M(2) Hostile workplace environments
Subjecting another person to a hostile workplace environment on the ground of sex.
Prohibits hostile workplace environments on the ground of sex.
(2) A person (the first person) subjects another person (the second person) to a workplace environment that is hostile on the ground of sex...
...if: ... (c) a reasonable person, having regard to all the circumstances, would have anticipated the possibility of the conduct resulting in the workplace environment being offensive, intimidating or humiliating to a person of the sex of the second person by reason of:
Defines temporal interval for hostile workplace environments.
Defines recurring trace for hostile workplace environments.
Diffuses application to hostile workplace environments.
Implies application to hostile workplace environments.
28M(3) Hostile workplace environments
Consider seriousness, continuity, role, and other circumstances when assessing hostile workplace environments.
Conduct is between serious and not serious
(b) whether the conduct was continuous or repetitive;
Consider role, influence, or authority of person engaging in conduct
(c) the role, influence or authority of the person engaging in the conduct;
28M(4) Hostile workplace environments
Making a statement constitutes conduct in a hostile workplace environment.
Subclass relationship for descriptive terms.
6 At the end of paragraphs 48(1)(gaaa), (gaa) and (gc)
Subjecting a person to a workplace environment that is hostile on the ground of sex is prohibited.
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.10
1 Subsection 10(2)
Insertion of 'work health and safety' after 'deals with'
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.11
2 Paragraph 10(4)(b)
Prohibit claims for workers compensation
Prohibits claims for workers compensation
3 Subsection 11(2)
4 Paragraph 11(4)(b)
Prohibit claims for workers' compensation.
Prohibits claims for workers' compensation.
5 After paragraph 47A(2)(g)
Insertion of allegation about contravention of Part IIA provision
6 Subsection 47A(2)
Modify paragraph numbering in subsection 47A(2)
7 Subsection 47A(3)
Omit specific phrase from subsection (3)
8 After Part II
47B Simplified outline of this Part
Employer must take reasonable measures to eliminate discriminatory conduct.
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.12
47C Duty to eliminate unlawful sex discrimination etc.
47C(1) Duty to eliminate unlawful sex discrimination etc.
Employer or business person must take measures to eliminate unlawful sex discrimination.
Employer or business person must take measures.
47C(2) Duty to eliminate unlawful sex discrimination etc.
Duty to eliminate unlawful sex discrimination etc.
Obligation to eliminate unlawful sex discrimination
47C(3) Duty to eliminate unlawful sex discrimination etc.
47C(4) Duty to eliminate unlawful sex discrimination etc.
Obligation to eliminate unlawful sex discrimination etc.
47C(5) Duty to eliminate unlawful sex discrimination etc.
State has obligation to eliminate unlawful sex discrimination etc.
9 At the end of section 85
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.14
10 After paragraph 94(2)(g)
Allegation of contravention of a provision of Part IIA
11 Subsection 94(2)
Modify paragraph numbering in a specific subsection.
12 Subsection 94(3)
13 At the end of section 110
14 Subsection 3(1)
Positive duty in relation to sex discrimination means section 47C of the Sex Discrimination Act 1984.
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.15
section 47C of the Sex Discrimination Act 1984
section 47C of the Sex Discrimination Act 1984 implies sex discrimination
Describes the scope of the positive duty
15 After paragraph 11(1)(d)
Insert functions conferred on Commission by section 35A
16 After Division 4 of Part II
35A Functions of Commission relating to positive duty in relation to
Commission's functions related to positive duty in relation to sex discrimination
35AA Performance of functions relating to positive duty in relation
Commission must have regard to guidelines and cultural diversity in performing its functions.
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.16
Must have regard to guidelines and cultural diversity.
17 Subsection 3(1)
Defines compliance notice and Regulatory Powers Act.
Establishes a class hierarchy for regulatory powers.
18 Subsection 8(6)
19 Subsection 8(6)
20 After subsection 11(3)
20(3A) After subsection 11(3)
No inquiry into intelligence agency's compliance with positive duty in relation to sex discrimination.
Prohibition on inquiry into compliance with positive duty
Inquiry into compliance is prohibited during a specific period
20(3B) After subsection 11(3)
Duty to refer non-compliance to Inspector-General
21 After subsection 19(2C)
Delegation of power under certain sections is restricted to specific individuals.
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.17
Restricts delegation to specified individuals
...a person other than a member of... SES employee or acting SES employee...
Specifies the temporal intervals for delegation
22 After paragraph 35A(c)
Inquire into compliance with positive duty in relation to sex discrimination.
Positive duty in relation to sex discrimination
23 At the end of Division 4A of Part II
35B Performance of inquiry function relating to positive duty in
35B(1) Performance of inquiry function relating to positive duty in
Commission may inquire into compliance with positive duty in relation to sex discrimination.
35B(2) Performance of inquiry function relating to positive duty in
Act fairly in the performance of the function referred to in paragraph 35A(d).
35C Commission to notify person and give opportunity for making
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.18
35C(1) Commission to notify person and give opportunity for making
Commission must notify person and give opportunity for making
written notice stating grounds on which inquiry commenced
35C(2) Commission to notify person and give opportunity for making
Commission must give person opportunity to comply with sex discrimination duty
35D Application of certain provisions of Division 3
Application of certain provisions of Division 3 to Commission functions
Applying provisions to Commission functions
35E Notification of findings and recommendations
Commission must notify person of finding and reasons for finding.
35F Giving of compliance notice
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.19
35F(1) Giving of compliance notice
The President must give a written notice to a person not complying with the positive duty in relation to sex discrimination.
The President has a duty to give a written notice.
35F(2) Giving of compliance notice
Notice must be given to a person with specified details and actions.
35F(3) Giving of compliance notice
Notice must not be given unless undertaking is withdrawn, cancelled or expired.
If undertaking exists, then notice must not be given.
35G Reconsideration of compliance notice
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.20
35G(1) Reconsideration of compliance notice
35G(2) Reconsideration of compliance notice
Request for reconsideration of compliance notice must be made in writing and given to the President within 21 days.
35G(3) Reconsideration of compliance notice
President must reconsider compliance notice on request or initiative
Conditional commencement of reconsideration
35G(4) Reconsideration of compliance notice
Reconsideration of compliance notice upon request
(4) The President may reconsider a compliance notice given to a person without receiving a request if satisfied there is sufficient reason to do so.
35G(5) Reconsideration of compliance notice
Must act expeditiously in reconsidering a compliance notice.
35G(6) Reconsideration of compliance notice
Must affirm, vary or revoke a compliance notice after reconsideration.
35G(7) Reconsideration of compliance notice
Must provide written notice of decision with reasons
35G(8) Reconsideration of compliance notice
Delegate must not have been involved in giving the compliance notice and hold a position of at least the same level as the person who gave the notice.
Delegate cannot have been involved in giving the compliance notice.
(8) If the President's functions under this section are performed by a delegate of the President...
Delegate must hold a position of at least the same level as the person who gave the notice.
Delegate must hold a position or perform duties that overlap with the person who gave the notice.
Delegate must hold a position or perform duties that recur with the person who gave the notice.
Delegate must diffuse the responsibility to hold a position or perform duties with the person who gave the notice.
35H Review of compliance notice
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.21
35H(1) Review of compliance notice
Has the right to review compliance notice
35H(1A) Review of compliance notice
Application must be made within a certain timeframe after receiving a compliance notice.
Application must be made within the specified timeframe.
35H(2) Review of compliance notice
Court may stay operation of compliance notice.
35H(3) Review of compliance notice
Court may confirm, vary or cancel a compliance notice.
Court has an obligation to review and act on the compliance notice.
35J Enforcement of compliance notice
The President may apply for an order if a person has not complied with a compliance notice.
35K Enforceable undertakings
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.22
35K(1) Enforceable undertakings
35K(2) Enforceable undertakings
President is an authorised person in relation to section 47C of the Sex Discrimination Act 1984.
in relation to section 47C of the Sex Discrimination Act 1984.
The President is an authorised person in relation to section 47C of the Sex Discrimination Act 1984.
There is a duty on the State to comply with this authorisation.
Authorisation diffuses to section 47C of the Sex Discrimination Act 1984
Section 47C of the Sex Discrimination Act 1984 is affected by this authorisation.
Authorisation recognised in section 47C of the Sex Discrimination Act 1984
Section 47C of the Sex Discrimination Act 1984 is a valid authorisation.
35K(3) Enforceable undertakings
Delegation of powers and functions to a staff member
Defines the temporal intervals for SES employees
(a) an SES employee; or (b) an acting SES employee;
SES employee and acting SES employee are defined...
Imposes a duty on the President to delegate powers and functions
(3) The President may, in writing, delegate...
Justifies the delegation of powers and functions based on SES employee status
(a) an SES employee; or (b) an acting SES employee; or (c) classified as Executive Level 2 or equivalent;
The President may, in writing, delegate...
35K(4) Enforceable undertakings
List of courts relevant to section 47C of the Sex Discrimination Act 1984 for enforcing enforceable undertakings.
35K(5) Enforceable undertakings
The President may publish an undertaking on the Commission's website.
35K(6) Enforceable undertakings
Part 6 of the Regulatory Powers Act applies to every external Territory.
Part of the Regulatory Powers Act applies to every external Territory.
24 Subsection 36(9)
Insertion of section 35D after section 33
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.23
25 Section 49B
26 Subsection 3(1)
Specifies the subject matter of the duty
Establishes a causal link between the duty and its content
positive duty in relation to sex discrimination relating to section 47C of the Sex Discrimination Act 1984
Establishes a temporal relationship between the duty and its content
section 47C of the Sex Discrimination Act 1984 is between positive duty in relation to sex discrimination relating to section 47C of the Sex Discrimination Act 1984
27 At the end of subsection 8(1)
Positive duty at request of Attorney-General or Minister
28 At the end of subsection 8(2)
Duty to inquire into compliance with sex discrimination
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.24
Inspector-General has a duty to inquire into compliance with sex discrimination
The Attorney-General or the responsible Minister requests an inquiry
The inquiry occurs during the request for an inquiry
The inquiry is a recurring trace of compliance with sex discrimination
The Inspector-General inquires into a matter
The inquiry diffuses into the inspector-general's own motion
The inquiry is processed by the CogAI system
29 At the end of subsection 8(3)
Positive duty to comply with sex discrimination
Obligation to comply with sex discrimination
30 Subsection 8(4)
Insertion of clause (d) after paragraph (2)(a)
1 Subsection 3(1)
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.25
2 Subsection 8(6)
3 Subsection 8(6)
4 Subsection 8(6A)
Omit 'and 32A', substitute ', 32A and 35Q'
5 Before paragraph 11(1)(e)
Insert functions conferred on Commission by section 35L
6 After subsection 11(3)
Commission does not inquire into systemic unlawful discrimination or suspected systemic unlawful discrimination of an intelligence agency.
Prohibits inquiry into systemic unlawful discrimination or suspected systemic unlawful discrimination of an intelligence agency.
7 Subsection 11(4)
8 Before Division 5 of Part II
35L Functions of Commission relating to systemic discrimination
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.26
35L(1) Functions of Commission relating to systemic discrimination
Commission's functions include inquiring into systemic discrimination and performing related tasks.
Commission has a function to inquire into systemic discrimination.
35L(2) Functions of Commission relating to systemic discrimination
Definition of systemic unlawful discrimination
systemic unlawful discrimination means...
...and (b) is continuous, repetitive or forms a pattern.
Requires temporal intervals for analysis
...systemic unlawful discrimination means...
35M Performance of functions relating to systemic discrimination
Commission may perform functions upon request or deemed desirable
35N Application of certain provisions of Division 3
Sections 21, 22, 23 and 24 apply in relation to the functions of the Commission set out in section 35L.
Imposes an obligation on the Commission.
35P Commission to give opportunity for making of submissions
Commission must give a reasonable opportunity to a person to make submissions before making an adverse finding.
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.27
Commission must not make an adverse finding without giving a reasonable opportunity.
The Commission MUST give a reasonable opportunity to the person.
Temporal interval of reasonable opportunity
A reasonable opportunity is a temporal interval during which the person can make submissions.
The Commission must give an opportunity between [start] and [end].
Temporal interval of reasonable opportunity (LTL)
Temporal interval of reasonable opportunity (Diffusion)
Temporal interval of reasonable opportunity (CogAI)
35Q Reports
35Q(1) Reports
Commission may report to Minister or publish a report on inquiry.
Commission has the power to report or publish.
35Q(2) Reports
Commission may include recommendations in its report.
9 Subsection 36(9)
10 Section 46
Omit 'or section 32A', substitute ', section 32A or subsection 35Q(1)'
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.28
2 Before subsection 46PO(1)
3 Subsection 46PO(1)
4 Subsection 46PO(1) (note)
5 After subsection 46PO(2)
Application may be made by affected persons or a person/trade union on behalf of others in relation to a terminated complaint.
Permission to apply for a terminated complaint.
6 After subsection 46PO(3A)
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.29
7 After subsection 46PO(4)
Applicant must include a reference to the person on whose behalf the application is made, excluding those who have opted out.
Must provide a reference to the person on whose behalf the application is made.
8 After section 46PO
8(1) After section 46PO
No representative application without written consent of all parties involved. Right to opt out of separate applications
(representative application made) ∧ (written consent of all parties involved) → False
(representative application made) ∧ (written consent of all parties involved)
(representative application made) ⊆ (written consent of all parties involved)
(written consent of all parties involved) → (representative application made)
(representative application made) ¬ (written consent of all parties involved)
(representative application made) → False
8(2) After section 46PO
Court must fix a date for opting out of proceeding. Separate applications may not be made
8(3) After section 46PO
Opt-out of proceeding by written notice to court.
8(4) After section 46PO
Court may fix another date to extend opt-out period.
8(5) After section 46PO
Prevents commencement of proceeding before specified date without court leave.
8(6) After section 46PO
Cannot settle or discontinue a proceeding without court approval.
Prohibition of settlement or discontinuation
(6) A proceeding commenced by a representative application may not be settled or discontinued without the approval of the court concerned.
No settlement or discontinuation without court approval.
Implication of prohibition on settlement or discontinuation
Settlement or discontinuation implies court approval.
Temporal interval between settlement/discontinuation and court approval
Settlement/discontinuation occurs before court approval.
Implication of prohibition on settlement or discontinuation in a diffusion context
Settlement/discontinuation implies court approval in a diffusion context.
Classification as a prohibition using CogAI
Prohibition on settlement or discontinuation
8(7) After section 46PO
Court may make orders regarding distribution of money paid under a settlement or into court.
9 Application of amendments
Continues to apply Division 1 of Part IIB of the Australian Human Rights Commission Act 1986 in relation to certain complaints and applications.
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.31
Division 1 of Part IIB continues to apply
Amendments overlap with Division 1 of Part IIB
Amendments imply Division 1 of Part IIB continues to apply
Amendments propagate to Division 1 of Part IIB
Division 1 of Part IIB is classified as continuing to apply
1 Subsection 3(1) (definition of authority)
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.32
2 Subsection 3(1)
3 Subsection 3(1) (definition of governing body)
4 Subsection 3(1) (definition of relevant employer)
Substitute definition of relevant employer with section 4.
5 Subsections 3(2) and (2A)
6 After section 3
4 Meaning of relevant employer
4(1) Meaning of relevant employer
Registered higher education provider, natural person, body or association
4(2) Meaning of relevant employer
Relevant employer does not include certain entities
4(3) Meaning of relevant employer
Definition of relevant employer for the purpose of the definition in subsection (1)
4(4) Meaning of relevant employer
Employer must continue to comply with the Act if number of employees falls below 80.
Employer has an obligation to comply with the Act.
The employer's obligation to comply with the Act overlaps with its temporary cessation as a relevant employer.
(4) If, at any time, an employer ceases to be a relevant employer because the number of employees of the employer falls below 100, this Act continues to apply to the employer as if the employer were a relevant employer unless and until the number of employees falls below 80.
The employer's obligation to comply with the Act is conditional on its temporary cessation as a relevant employer.
The state has an obligation to ensure that employers comply with the Act.
7 After subsection 5(11)
Relevant employer defined for this Act's effect
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.34
8 At the end of Part I
5B Binding the Crown
The Act binds the Crown in certain jurisdictions.
9 After subsection 13(3)
9(3A) After subsection 13(3)
Employer must comply with subsection (3B) if relevant to law enforcement or security agency.
Temporal interval for subsection (3B) is after subsection (3)
(3A) Subsection (3B) applies to a relevant employer that is a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010).
9(3B) After subsection 13(3)
Employer not required to include sensitive information in public report.
Prohibits disclosure of sensitive information.
10 Subsection 13(5)
Accountable authority must sign public report
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.35
11 Subsection 13A(2)
Insertion of 'other than a Commonwealth company or Commonwealth entity' after 'relevant employer'
12 After subsection 13A(2)
Relevant employer must prepare a public report.
13 Section 13B
Repeal section and substitute with new provision
13B When public reports are due
Public report must be lodged within 2 months after the end of the period to which it relates.
14 Section 17
Substitute 'relevant period' for '2 months'
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.36
15 Subsection 19(1)
Substitute 'must' for 'will' in a specific provision.
1 Section 4 (after the paragraph beginning “It is unlawful to
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.37
2 Part 4 (at the end of the heading)
3 At the end of section 17
Makes it unlawful to commit an act of victimisation against another person.
4 At the end of Part 4
47A Victimisation
It is unlawful for a person to commit an act of victimisation against another person.
(1) It is unlawful for a person to commit an act of victimisation against another person.
5 Section 49
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.39
6 Subsections 51(1) and (2) (note)
7 Subsection 3(1) (paragraph (a) of the definition of unlawful
8 Subsection 3(1) (paragraph (ca) of the definition of unlawful
9 Subsection 3(1) (paragraph (d) of the definition of unlawful
Omit '1992; or' and substitute '1992 (other than section 42).'
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.40
10 Subsection 3(1) (paragraph (e) of the definition of unlawful
Repeal paragraph of definition of unlawful discrimination
Imposes prohibition on discriminatory practices
11 Part 2 (at the end of the heading)
12 At the end of Part 2
58A Victimisation
58A(1) Victimisation
It is unlawful to commit an act of victimisation against another person.
Implies the prohibition of victimisation.
58A(2) Victimisation
Subjecting or threatening to subject another person to detriment on the ground that they have made a complaint or brought proceedings under this Act.
(2) For the purposes of subsection (1), a person commits an act of victimisation...
The first person subjects, or threatens to subject, the other person to any detriment...
The first person threatens to subject, or subjects, the other person to any detriment...
Requires the threat of victimisation to occur after the complaint is made.
The first person threatens to subject, or subjects, the other person to any detriment on the ground that they have made a complaint...
Requires the threat of victimisation to occur before the complaint is made.
13 Section 122
Substitute clause numbers in Racial Discrimination Act 1975
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.41
Imposes a duty on the State to substitute clause numbers
14 Part II (at the end of the heading)
15 At the end of Part II
18AA Victimisation
16 Section 105
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.42
17 Application—pre-commencement acts of victimisation
Acts committed before commencement are treated as unlawful.
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.43
(1) For the purposes of subsection 47A(1) of the Age Discrimination Act 2004...
(2) For the purposes of subsection 58A(1) of the Disability Discrimination Act 1992...
18 Transitional—pre-commencement acts of victimisation
Continues previous definition of unlawful discrimination despite amendments.
1 Paragraph 46PH(1)(b)
Repeal paragraph if complaint lodged more than 24 months after alleged acts took place
anti-discrimination-and-human-rights-legislation-amendment-respect-at-work-act-2022.pdf, p.47
Prohibition of lodging complaint more than 24 months after alleged acts took place
Complaint lodged more than 24 months after alleged acts took place
2 Paragraph 3(e)
Substitute 'substantive equality' for 'equality of opportunity'
3 Paragraph 28AA(1)(a)