Recommendations

Human Rights Legislation Ammendment Bill (No. 2)

Recommendations

The bill

Recommendation No. 1:

If the 1998 bill is reintroduced in the 39th Parliament, in substantially the same form as it was introduced in the 38th Parliament, the committee recommends that the Senate agree to the new bill, subject to the amendments recommended in chapters 2 to 5 of this report.

Approval by the Attorney-General of commission intervention in court proceedings

Recommendation No. 2:

The committee recommends that the 1998 bill be amended to restore the status quo, so that the commission's intervention power remains free of the need for approval by the Attorney-General. The committee considers that potential difficulties may be avoided by more effective communication systems between the commission and the Attorney-General.

Loss of specialised commissioners

Recommendation No. 3:

The committee recommends that the provisions of the 1998 bill relating to the restructure of the commission remain unchanged.

Lack of transitional arrangements for the existing commissioners

Recommendation No. 4:

The committee notes that on the current legislative timetable, the terms of the current commissioners are not likely to be impacted, however, the committee recommends that the 1998 bill be amended to include transitional arrangements for the current commissioners, enabling them to serve out the remainder of their appointments as Deputy Presidents.

Separate Office of the Privacy Commissioner

Recommendation No. 5:

The committee recommends that the provisions of the 1998 bill concerning the creation of a separate Office of the Privacy Commissioner remain unchanged.

Focus on education role

Recommendation No. 6:

The committee recommends that the provisions of the 1998 bill relating to the changed focus of the commission remain unchanged.

Creation of guidelines

Recommendation No. 7:

The committee supports the provisions of the 1998 bill that reprioritise the function of creation of guidelines and recommends that those provisions remain unchanged.

The committee further recommends that the 1998 bill be amended to clarify the legal status and effect of guidelines created by the commission.

Renaming of the commission

Recommendation No. 8:

The committee recommends that the provisions of the 1998 bill concerning the renaming of the commission remain unchanged.

Abolition of Community Relations Council and advisory committees

Recommendation No. 9:

The committee recommends that the provisions of the 1998 bill that abolish the Community Relations Council and advisory committees remain unchanged.

Prohibition on the delegation of the president's complaint handling powers

Recommendation No. 10:

The committee recommends that the provisions of the 1998 bill concerning the prohibition on the delegation of the president's complaint handling powers remain unchanged.

Removal of the commission's power to recommend damages or compensation

Recommendation No. 11:

The committee recommends that the provisions of the 1998 bill relating to the removal of the commission's power to recommend damages or compensation remain unchanged.

Appointment and terms of persons over the age of 65

Recommendation No. 12:

The committee recommends that the provisions of the 1998 bill concerning the appointment and terms of persons over the age of 65 remain unchanged.