Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:15_18
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 15 cl 18
Character Range: 1064249–1065591

18  Variation to remove discrimination

 (1) If a preserved State agreement is referred to the Commission under section 46PW of the Human Rights and Equal Opportunity Commission Act 1986, the Commission must convene a hearing to review the agreement.

 (2) In a review under subclause (1):
 (a) the Commission must take such steps as it thinks appropriate to ensure that each person bound by the agreement is made aware of the hearing; and
 (b) the Sex Discrimination Commissioner is entitled to intervene in the proceeding.

 (3) If the Commission considers that a preserved State agreement reviewed under subclause (1) is discriminatory, the Commission must take the necessary action to remove the discrimination by making an order varying the agreement.

 (4) A preserved State agreement is discriminatory if:
 (a) the agreement has been referred to the Commission under section 46PW of the Human Rights and Equal Opportunity Commission Act 1986; and
 (b) the agreement requires a person to do any act that would be unlawful under Part II of the Sex Discrimination Act 1984, except for the fact that the act would be done in direct compliance with the agreement.
For the purposes of this definition, the fact that an act is done in direct compliance with the preserved State agreement does not of itself mean that the act is reasonable.