Page 1875 - Week 06 - Wednesday, 8 June 2016
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The bill then provides that a presumption is created that discrimination has occurred, which can be rebutted if the respondent proves that the treatment or disadvantageous condition was not imposed because of the complainant’s protected attribute. This is similar to the approach taken in the Fair Work Act and aims to require each party to provide the evidence which they are in the best position to provide.
New section 53DA provides that the commission must give to ACAT documents requested by ACAT relating to a complaint and in its possession. This power will assist the ACAT to expeditiously gather relevant elements for discrimination proceedings. This section does not allow the HRC to pass on information that has been obtained in a conference or by compelling a person to provide information or to attend the commission.
New section 53E sets out factors that the ACAT must take into account in making an award of compensation if a complaint is upheld. These factors include the person’s right to equality and the impact of the discrimination on that right, the inherent dignity of all people and the impact of the discrimination on the person’s dignity, the public interest in ensuring an appropriate balance of rights, the nature of any discrimination and any mitigating factors such as a public apology or systemic changes to prevent further instances of discrimination.
Overall, the bill is a balanced package of amendments to the existing processes to simplify them and improve access to justice, and amendments that modernise the scope and application of the act to accord with developments in discrimination and human rights law nationally and internationally.
The new bill will bring the Discrimination Act into line with the expectations and needs of our community, which prides itself on being inclusive, tolerant and respectful. I commend the bill to the Assembly.
Debate (on motion by Mr Coe) adjourned to the next sitting.
Residential Tenancies Legislation Amendment Bill 2016
Mr Corbell, by leave, presented the bill, its explanatory statement and a Human Rights Act compatibility statement.
Title read by Clerk.
MR CORBELL (Molonglo—Deputy Chief Minister, Attorney-General, Minister for Capital Metro, Minister for Health, Minister for Police and Emergency Services and Minister for the Environment and Climate Change) (5.34): I move:
That this bill be agreed to in principle.
I am pleased to present the Residential Tenancies Legislation Amendment Bill today. In July 2014 I announced a review into the operation of the Residential Tenancies Act. This bill proposes amendments to the act in response to a number of recommendations
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