Document ID: chunk:federal_register_of_legislation:C2004A04470:body:0:p8
Version: federal_register_of_legislation:C2004A04470
Segment Type: other
Provision Reference: 
Character Range: 18423–21302

under section 50A of the Sex Discrimination Act 1984;".

After paragraph 45(3)(ba):

  Insert:

      "(bb) in the case of an appeal under paragraph (1)(ed)—by a party to the review of the award under section 111A;".

After section 111:

  Insert:

Hearings in relation to discriminatory awards

"111A.(1) If an award is referred to the Commission under section 50A of the Sex Discrimination Act 1984, the Commission must convene a hearing to review the award.

  "(2) In a review under this section:

    (a)     the parties to the proceeding in which the award was made are parties to the proceeding on the review, and are entitled to notice of the hearing; and

    (b)     the Sex Discrimination Commissioner is a party to the proceeding.".
SCHEDULE—continued

After subsection 113(2):

  Insert:

  "(2A) If:

    (a)     an award has been referred to the Commission under section 50A of the Sex Discrimination Act 1984; and

    (b)     the Commission considers that the award is a discriminatory award;

the Commission must take the necessary action to remove the discrimination, by setting aside the award, setting aside terms of the award or varying the award.

"(2B) Subsection (2A) does not require the Commission to take action that the Commission considers would not be in the public interest.

"(2C) Before taking action under subsection (2A) in relation to a certified agreement, the Commission must give the parties to the agreement an opportunity to amend the agreement so as to remove the discrimination.".

Section 113:

  Add at the end:

  "(5) In this section:

'discriminatory award' means an award that:

    (a)     has been referred to the Commission under section 50A of the Sex Discrimination Act 1984; and

    (b)     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 award.

For the purposes of this definition, the fact that an act is done in direct compliance with the award does not of itself mean that the act is reasonable.".

Paragraph 134L(1)(b):

  After "provided in" insert "subsection 113(2C) or".

After paragraph 134L(1)(d):

  Insert:

      "(da) the Commission may take action in relation to the agreement under subsection 113(2A); and".
SCHEDULE—continued

Racial Discrimination Act 1975

Subsection 3(1):

  Insert the following definitions:

" 'class member', in relation to a representative complaint, means any of the persons on whose behalf the complaint was lodged, but does not include a person who has withdrawn under section 25MA;

'Commonwealth agency' means an agency within the meaning of the Privacy Act 1988;

'principal executive', in relation to a Commonwealth agency, has the same meaning as in Part V of the Privacy Act 1988;

'representative complaint' means a complaint where the