The Bill
The Role of the President
Commissioners and Complaint Handling Procedures
Commissioners as Amicus Curiae
Representation at Compulsory Conferences
Inspection of Documents During the Conciliation Process
Termination of Complaints by the President
Notice of Federal Court Proceedings
The Constitutional Validity of Delegation to Judicial Registrars
Alternative Approaches to Hearing Discrimination Matters
Legal Costs in the Federal Court
Replacing Complainants in Class Actions

CHAPTER 1: BACKGROUND

Introduction
Current Structure and Administration of HREOC
Enforcing Determinations of HREOC 1986-1993
Brandy's Case
Enforcing HREOC Determinations - 1995 to the Present
The Tripartite Review
The Bill
Legislation Amended by the Bill
Budgetary Implications
Referral of the Bill
Scope of the Inquiry
Conduct of the Inquiry
Evidence on the Bill

CHAPTER 2: THE STRUCTURE AND ADMINISTRATION OF HREOC

Provisions of the Bill
The Role of the President
Direct access to the Federal Court
Role of Discrimination Commissioners
Commissioners and Complaint Handling Procedures
Commissioners as Amicus Curiae
Commissioners and Proceedings in the Federal Court
Commissioners and Systemic Discrimination
Complaints Against Commonwealth Agencies
Other Matters
Assistance to complainants in HREOC
The Form of a Complaint Lodged with HREOC
Amending Complaints
Compulsory Conferences and Confidentiality
Representation at Compulsory Conferences
Penalty for Failure to Attend a Compulsory Conference
Inspection of Documents During the Conciliation Process
Self-Incrimination at a Compulsory Conference
Recording The Outcome Of, And Enforcing, Conciliated Agreements
Termination of Complaints by the President
Referring Discriminatory Awards
Notice of Federal Court Proceedings

CHAPTER 3: ENFORCING DISCRIMINATION DETERMINATIONS

Provisions of the Bill
Constitutional Implications
Status of Judicial Registrars
Delegating to Judicial Registrars
The Constitutional Validity of the Proposed Section of the Bill
Practical Implications
Alternative Approaches to Hearing Discrimination Matters
Federal Court Judges
Federal Magistracy
Specialist Tribunals

CHAPTER 4: ENFORCABLE DISCRIMINIATION DETERMINATIONS - ACCESS AND EQUITY

Introduction
Advantages of the Federal Court
Disadvantages of the Federal Court
Problems of Access and Equity
Court Fees
Legal Costs
Costs Following the Event
Party/Party Costs
Legal Aid and Assistance
Representative Complaints
Class Actions
The Number of Complainants/Applicants Constituting a Class Action
Possible Impediment to Class Actions
Replacing Complainants in Class Actions
Representative Complaints By Unions Etc
Representation in the Federal Court
Federal Court Facilities
Federal Court Orders and Systemic Discrimination

REPORT BY SENATORS BOLKUS AND MCKIERNAN

MINORITY REPORT BY SENATOR MURRAY

A DEPARTURE FROM THE REPORT BY SENATOR COONEY

APPENDICES:

APPENDIX 1: INDIVIDUALS AND ORGANISATIONS THAT PROVIDED THE COMMITTEE WITH SUBMISSIONS

APPENDIX 2: WITNESSES WHO APPEARED BEFORE THE COMMITTEE

APPENDIX 3: CORRESPONDENCE DATED 22 APRIL AND 2 MAY 1997 FROM THE ATTORNEY-GENERAL'S DEPARTMENT TO THE COMMITTEE

TABLE OF CONTENTS

Human Rights Bill

TABLE OF CONTENTS