Page 4155 - Week 13 - Thursday, 10 November 1994

MADAM SPEAKER, THE DISCRIMINATION (AMENDMENT) BILL (NO. 3)

1994 MAKES A TECHNICAL AMENDMENT TO THE DISCRIMINATION

ACT. THE AMENDMENT PREVENTS DISCLOSURE OF MATTERS RAISED

IN CONCILIATION IN SUBSEQUENT PROCEEDINGS UNDER THE

DISCRIMINATION ACT.

THE DISCRIMINATION ACT PROVIDES A PROCESS FOR THE

RESOLUTION OF COMPLAINTS OF DISCRIMINATION. UNDER THE ACT,

THE DISCRIMINATION COMMISSIONER RECEIVES AND INVESTIGATES

COMPLAINTS, CONCILIATES WHERE APPROPRIATE, AND HOLDS

PUBLIC HEARINGS. FULL APPEAL RIGHTS FROM THE COMMISSIONERS

DECISIONS ARE AVAILABLE TO THE ADMINISTRATIVE APPEALS

TRIBUNAL.

TO ENSURE THE FLEXIBILITY OF PROCEDURES, THE TERMS OF THE ACT

LEAVE A WIDE DISCRETION FOR THE COMMISSIONER TO DETERMINE

PROCEDURE. IN PRACTICE, INVESTIGATION PRIOR TO HEARINGS AND

ALL CONCILIATION IS CARRIED OUT BY THE COMMISSIONERS

DELEGATES IN THE A.C.T. HUMAN RIGHTS OFFICE.

THE COMMISSIONER HAS ENDORSED THE VIEW THAT EFFECTIVE

CONCILIATION REQUIRES ASSURANCES OF CONFIDENTIALITY TO

ENGAGE THE CONFIDENCE OF PARTIES AND TO ENSURE OPENNESS

AND FRANKNESS IN CONCILIATION DISCUSSIONS. AS A RESULT, THE

COMMISSIONERS DELEGATES GIVE UNDERTAKINGS TO PARTIES

THAT CONCILIATION CONFERENCES ARE CONDUCTED ON A

WITHOUT-PREJUDICE BASIS AND ANYTHING SAID IN CONCILIATION

COULD NOT BE USED IN LATER PROCEEDINGS SHOULD

CONCILIATION FAIL.

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