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.