Equal Opportunity and Tolerance Legislation (Amendment) Act 2006
i
Equal Opportunity and Tolerance Legislation
(Amendment) Act 2006
Act No. 25/2006
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2—AMENDMENT OF EQUAL OPPORTUNITY ACT 1995 3
3. Commission may decline to entertain some complaints 3
4. Conciliation by the Chief Conciliator 4
5. Tribunal may make interim orders before hearing 4
6. When may the Tribunal hear a complaint? 4
7. Section 201 substituted 5
201. Compliance with notice requiring attendance or
production of documents 5
8. New section 225 inserted 5
225. Transitional provision—Equal Opportunity and
Tolerance Legislation (Amendment) Act 2006 5
PART 3—AMENDMENT OF RACIAL AND RELIGIOUS
TOLERANCE ACT 2001 6
9. Exceptions—public conduct 6
10. Application of Equal Opportunity Act 1995 6
11. New section 23A inserted 7
23A. Application of Equal Opportunity Act 1995 if
Commission declines to entertain complaint 7
12. New section 32 inserted 9
32. Transitional provisions—Equal Opportunity and
Tolerance Legislation (Amendment) Act 2006 9
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ENDNOTES 11
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1
Equal Opportunity and Tolerance
Legislation (Amendment) Act 2006 †
[Assented to 6 June 2006]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to make miscellaneous
amendments to—
(a) the Equal Opportunity Act 1995; and
(b) the Racial and Religious Tolerance
Act 2001.
Victoria
No. 25 of 2006
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Part 1—Preliminary
Equal Opportunity and Tolerance Legislation (Amendment) Act
2006
Act No. 25/2006
2
2. Commencement
(1) Sections 1, 3, 4, 7, 10(3) and this section come
into operation on the day after the day on which
this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 January 2007, it
comes into operation on that day.
__________________
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Part 2—Amendment of Equal Opportunity Act 1995
Equal Opportunity and Tolerance Legislation (Amendment) Act
2006
Act No. 25/2006
3
PART 2—AMENDMENT OF EQUAL OPPORTUNITY
ACT 1995
3. Commission may decline to entertain some
complaints
(1) In section 108(1A) of the Equal Opportunity
Act 1995—
(a) for "invite" substitute "require";
(b) in paragraph (a) after "complaint" insert
"at a reasonable time set out in the notice";
(c) in paragraph (b) after "notice" insert "on or
before a reasonable time set out in the
notice".
(2) At the foot of section 108(1A) of the Equal
Opportunity Act 1995 insert—
"Note: See section 201 which makes it an offence not to
comply with a requirement under this sub-section.".
(3) After section 108(1A) of the Equal Opportunity
Act 1995 insert—
"(1AB) The Commission may give a notice under
sub-section (1A) only if it is reasonably
necessary for the purpose of determining
whether to decline to entertain a complaint.
(1AC) Nothing in sub-section (1A) or (1AB)
prevents the Commission from inviting any
person to attend before the Commission, or a
member or member of staff of the
Commission, for the purpose of discussing
the complaint or to produce any
documents.".
See:
Act No.
42/1995.
Reprint No. 4
as at
3 April 2003
and
amending
Act Nos
108/2004 and
18/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 3
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Part 2—Amendment of Equal Opportunity Act 1995
Equal Opportunity and Tolerance Legislation (Amendment) Act
2006
Act No. 25/2006
4
4. Conciliation by the Chief Conciliator
(1) In section 114(2) of the Equal Opportunity
Act 1995—
(a) for "The" substitute "If it is reasonably
necessary for the purpose of conciliating a
complaint, the";
(b) in paragraph (a) after "complaint" insert
"at a reasonable time set out in the notice";
(c) in paragraph (b) after "notice" insert "on or
before a reasonable time set out in the
notice".
(2) At the foot of section 114(2) of the Equal
Opportunity Act 1995 insert—
"Note: See section 201 which makes it an offence not to
comply with a requirement under this sub-section.".
(3) After section 114(2) of the Equal Opportunity
Act 1995 insert—
"(3) Nothing in sub-section (2) prevents the Chief
Conciliator from inviting any person to
attend before him or her for the purpose of
discussing the complaint or to produce any
documents.".
5. Tribunal may make interim orders before hearing
In section 131(2) of the Equal Opportunity
Act 1995, after "Tribunal" insert "or before an
application for leave is made under section 23A of
the Racial and Religious Tolerance Act 2001".
6. When may the Tribunal hear a complaint?
(1) In section 134(1)(c) of the Equal Opportunity
Act 1995, for "occurred." substitute "occurred;".
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Part 2—Amendment of Equal Opportunity Act 1995
Equal Opportunity and Tolerance Legislation (Amendment) Act
2006
Act No. 25/2006
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(2) After section 134(1)(c) of the Equal Opportunity
Act 1995 insert—
"(d) on an application under section 23A of the
Racial and Religious Tolerance Act 2001,
if the Tribunal has given leave for that
application.".
7. Section 201 substituted
For section 201 of the Equal Opportunity
Act 1995 substitute—
"201. Compliance with notice requiring
attendance or production of documents
A person must not, without reasonable
excuse, fail to comply with a notice of the
Commission under section 108(1A) or of the
Chief Conciliator under section 114(2).
Penalty: 20 penalty units.".
8. New section 225 inserted
After section 224 of the Equal Opportunity
Act 1995 insert—
"225. Transitional provision—Equal
Opportunity and Tolerance Legislation
(Amendment) Act 2006
The amendments made to section 134 by
section 6 of the Equal Opportunity and
Tolerance Legislation (Amendment) Act
2006 apply to complaints lodged with the
Equal Opportunity Commission under
section 105 of the Equal Opportunity
Act 1995 on or after the commencement of
section 6 of the Equal Opportunity and
Tolerance Legislation (Amendment) Act
2006.".
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Part 3—Amendment of Racial and Religious Tolerance Act 2001
Equal Opportunity and Tolerance Legislation (Amendment) Act
2006
Act No. 25/2006
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PART 3—AMENDMENT OF RACIAL AND RELIGIOUS
TOLERANCE ACT 2001
9. Exceptions—public conduct
At the end of section 11 of the Racial and
Religious Tolerance Act 2001 insert—
"(2) For the purpose of sub-section (1)(b)(i), a
religious purpose includes, but is not limited
to, conveying or teaching a religion or
proselytising.".
10. Application of Equal Opportunity Act 1995
(1) In section 23(1) of the Racial and Religious
Tolerance Act 2001, before "Divisions" insert
"Subject to sub-section (1A),".
(2) After section 23(1) of the Racial and Religious
Tolerance Act 2001 insert—
"(1A) Section 108(2), (3), (4) and (5) of the Equal
Opportunity Act 1995 does not apply to a
complaint made under this Act if the
Commission declines to entertain the
complaint under section 108(1) of the Equal
Opportunity Act 1995.".
(3) After section 23(3) of the Racial and Religious
Tolerance Act 2001 insert—
"(4) For the avoidance of doubt, Division 2 of
Part 10 and section 210 of the Equal
Opportunity Act 1995 apply to any
proceeding before the Commission involving
a complaint made under this Act.".
See:
Act No.
47/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
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Part 3—Amendment of Racial and Religious Tolerance Act 2001
Equal Opportunity and Tolerance Legislation (Amendment) Act
2006
Act No. 25/2006
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11. New section 23A inserted
After section 23 of the Racial and Religious
Tolerance Act 2001 insert—
"23A. Application of Equal Opportunity
Act 1995 if Commission declines to
entertain complaint
(1) If the Commission declines, under
section 108(1) of the Equal Opportunity
Act 1995, to entertain a complaint made
under this Act, a complainant may, with the
leave of the Tribunal, apply to the Tribunal
to hear the complaint under Division 7 of
Part 7 of the Equal Opportunity Act 1995.
(2) An application for leave to apply to the
Tribunal under sub-section (1) must be made
within 60 days after the complainant receives
the Commission's notice declining to
entertain the complaint.
(3) The Tribunal may—
(a) determine an application for leave
entirely on the basis of documents,
without any physical appearance by the
parties or their representatives or
witnesses, whether or not the parties
agree; and
(b) give leave subject to any conditions it
thinks fit.
(4) In determining whether or not to grant leave,
the Tribunal may consider whether, in its
opinion, the complaint—
(a) is frivolous, vexatious, misconceived or
lacking in substance; or
(b) involves subject matter that would be
more appropriately dealt with by
another tribunal or a court; or
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Part 3—Amendment of Racial and Religious Tolerance Act 2001
Equal Opportunity and Tolerance Legislation (Amendment) Act
2006
Act No. 25/2006
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(c) involves subject matter that has been
adequately dealt with by a tribunal or
court; or
(d) relates to an alleged contravention of
this Act that took place more than
12 months before the complaint was
lodged with the Commission.
(5) Nothing in sub-section (4) limits the
discretion of the Tribunal to grant or refuse
to grant leave under sub-section (1).
(6) A complainant must notify the Commission
in writing of any application for leave under
sub-section (1) within 30 days after the
application is made to the Tribunal.
(7) The Commission may dismiss a complaint
if—
(a) a complainant does not apply for leave
under sub-section (1) within 60 days
after receiving the Commission's
notice; or
(b) the Tribunal refuses to grant leave
under sub-section (1) and—
(i) no application for leave to appeal
is made under section 148 of the
Victorian Civil and
Administrative Tribunal Act
1998; or
(ii) an application for leave to appeal
or an appeal, under section 148 of
the Victorian Civil and
Administrative Tribunal Act
1998, is unsuccessful.
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Part 3—Amendment of Racial and Religious Tolerance Act 2001
Equal Opportunity and Tolerance Legislation (Amendment) Act
2006
Act No. 25/2006
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(8) If the Commission dismisses a complaint
under sub-section (7) the complainant may
take no further action under this Act or the
Equal Opportunity Act 1995 in relation to
the subject matter of the complaint.
(9) As soon as possible after a dismissal under
sub-section (7), the Commission must, by
written notice, notify the complainant and
the respondent of the dismissal.
(10) For the purposes of section 148 of the
Victorian Civil and Administrative
Tribunal Act 1998, the question whether or
not to grant leave under sub-section (1) is a
question of law.
(11) If a complainant makes an application for
leave to appeal under section 148 of the
Victorian Civil and Administrative
Tribunal Act 1998 the complainant must
notify the Commission in writing of the
application within 30 days after the
application is made to the Supreme Court.".
12. New section 32 inserted
After section 31 of the Racial and Religious
Tolerance Act 2001 insert—
"32. Transitional provisions—Equal
Opportunity and Tolerance Legislation
(Amendment) Act 2006
(1) The amendments made to section 23 by
section 10(1) and (2) of the Equal
Opportunity and Tolerance Legislation
(Amendment) Act 2006 apply to complaints
lodged with the Equal Opportunity
Commission under section 105 of the Equal
Opportunity Act 1995 on or after the
commencement of section 10(1) and (2) of
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Part 3—Amendment of Racial and Religious Tolerance Act 2001
Equal Opportunity and Tolerance Legislation (Amendment) Act
2006
Act No. 25/2006
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the Equal Opportunity and Tolerance
Legislation (Amendment) Act 2006.
(2) Section 23A applies to complaints lodged
with the Equal Opportunity Commission
under section 105 of the Equal Opportunity
Act 1995 on or after the commencement of
section 11 of the Equal Opportunity and
Tolerance Legislation (Amendment) Act
2006.".
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Equal Opportunity and Tolerance Legislation (Amendment) Act
2006
Act No. 25/2006
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 6 April 2006
Legislative Council: 30 May 2006
The long title for the Bill for this Act was "to amend the Equal
Opportunity Act 1995 and the Racial and Religious Tolerance Act
2001 and for other purposes."
Endnotes
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