Table of Contents
Members of the Legislation Committee
Recommendations
Chapter 1: Background
Referral of bill
Background
Human Rights Legislation Amendment Bill 1997
Human Rights Legislation Amendment Bill (No. 2) 1998
Scope of the inquiry
Conduct of the inquiry
Evidence on the bill
Chapter 2: Approval by Attorney-General of commission
intervention
in court proceedings
Introduction
No evidence of commission abuse of its power
The amendments threaten HREOC's independence and may constitute
a conflict of interest for the Attorney-General
HREOC's intervention is of assistance to the courts
Courts' role to determine who may intervene
Other issues
Conclusions
Chapter 3: Reorganisation of the commission's executive
structure and
the replacement of commissioners with deputy presidents
Introduction
Loss of specialised commissioners
Conclusions
Lack of transitional arrangements for existing commissioners
Conclusions
Separate Office of the Privacy Commissioner
Chapter 4: New central functions of education, dissemination
of information,
and assistance to the business community
Focus on education role
Conclusions
Creation of guidelines
Conclusions
Chapter 5: Other issues
Renaming of the commission
Conclusions
Abolition of Community Relations Council and advisory committees
Conclusions
Prohibition on the delegation of the president's complaint handling powers
Conclusions
Removal of the commission's power to recommend damages or compensation
Conclusions
Appointment and terms of persons over the age of 65
Minority report by Senator Jim McKiernan
Statement of Senator Cooney
Minority report by Senator Stott Despoja
Appendix 1: Individuals and organisations that provided
the committee with submissions
Appendix 2: Public hearings and witnesses
Appendix 3: The `Paris Principles' – Principles
relating to the status
of national institutions – competence and responsibilities