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Legislative Assembly for the ACT: 1996 Week 12 Hansard (21 November) . . Page.. 4241 ..
One of the main changes the Bill makes to the process of complaints handling is to put the focus of the Discrimination Commissioner on investigation and conciliation of complaints rather than the conduct of hearings.
Of the 86 complaints under the Act which were closed last financial year, 34 were conciliated and 8 were declined. Only 3 were referred for hearing. Yet the primary role of the Discrimination Commissioner, under the present legislation, is declining or hearing complaints. The Commissioner is precluded from participating in the resolution of complaints by conciliation, because of his or her determinative powers under the Act. The Commissioner must be kept at arms length from any conciliation process, in case he or she must, ultimately, determine the matter at a hearing. This has also restricted the capacity of the Commissioner in case management of complaints.
The Government has decided that the best use can be made of the Commissioner if he or she is able to conduct and participate in conciliations and oversee the management of complaints which are made under the Act. We also foresee an increased community education role for the Commissioner.
The Bill proposes that the determinative, or hearing, function under the Act be undertaken by a Discrimination Tribunal, which is established by the Bill. The Bill grants to the Tribunal the capacity to provide the same remedies against unlawful discrimination as are available under the present legislation. The President of the Tribunal will be a Magistrate.
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