Page 3895 - Week 13 - Thursday, 17 October 1991
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By combining the roles of conciliator and adjudicator in the one office of Human Rights Commissioner, we aim to provide a flexible, informal forum for dealing with complaints of discrimination as quickly and efficiently as fairness to both parties will allow. Parties to an investigation will be made fully aware of the procedures to be followed and of their appeal rights following a decision by the commissioner.
In other jurisdictions, pursuing a complaint of discrimination often involves a lengthy staged process, culminating in a formal hearing before a tribunal. This can give rise to all of the problems associated with a court-like structure, including costs in terms of money and time. It is the Government's firm intention that our system will not operate in this way. If either party is dissatisfied with any aspect of a decision of the commissioner or the procedure which led up to the decision, there is a full right of appeal to the ACT Administrative Appeals Tribunal.
The Human Rights and Equal Opportunity Bill establishes the Office of Human Rights Commissioner for the ACT. In addition to the complaint resolution and research and educational functions I have mentioned, the office will be responsible for such things as advising the Government on any matter relevant to the legislation and whether any laws of the Territory are inconsistent with its provisions. Apart from the commissioner, there will be two or three full-time staff in the office who will act as investigators and conciliators and will also be involved in the research and educational functions of the office.
The Bill also provides for an intergovernmental arrangement which will allow, for example, the performance by the Commonwealth Human Rights and Equal Opportunity Commission of functions under this Bill on an agency basis in the ACT. Negotiations are currently under way with the Federal commission to settle an arrangement for administering this Bill in the most cost-effective and efficient way possible. In anticipation of this kind of cooperative arrangement, we have been working closely with the Commonwealth commission on the legislation. While this has meant revising our timetable for introduction of the Bill, their advice and assistance have proved invaluable.
I would like to thank all those who contributed to the development of this Bill and to assure them that all their comments were given the most serious consideration. Wherever possible and appropriate, the suggestions made have been adopted, and we will certainly continue to develop and review the legislation once it is in place.
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