Document ID: chunk:federal_register_of_legislation:C2004A04470:body:0:p14
Version: federal_register_of_legislation:C2004A04470
Segment Type: other
Provision Reference: 
Character Range: 34103–36998

due by the Commonwealth to the complainant.

  "(3) In this section:

'complainant', in relation to a representative complaint, means a class member.
SCHEDULE—continued

Review of determinations regarding damages

"25ZH.(1) Application may be made to the Administrative Appeals Tribunal for review of:

    (a)     a declaration of the kind referred to in subparagraph 25Z(1)(b)(iv) that is included in a determination to which this Division applies; or

    (b)     a decision of the Commission refusing to include such a declaration in a determination to which this Division applies.

"(2) A Commonwealth agency, or the principal executive of a Commonwealth agency, may not apply for review without the permission of the Minister.

"(3) In exercising powers in relation to an application under subsection (1), the Tribunal must be constituted by a presidential member who is a Judge and 2 other members who are not Judges. This subsection has effect subject to subsection 21(1A) of the Administrative Appeals Tribunal Act 1975.

"(4) Terms used in subsection (3) that are also used in the Administrative Appeals Tribunal Act 1975 have the same meanings as in that Act.

Enforcement of determination against Commonwealth agency

"25ZI.(1) If a Commonwealth agency fails to comply with section 25ZE, an application may be made to the Federal Court for an order directing the agency to comply.

"(2) If the principal executive of a Commonwealth agency fails to comply with section 25ZF, an application may be made to the Federal Court for an order directing the principal executive to comply.

"(3) The application may be made by the Commission or by the complainant. In the case of a representative complaint, 'complainant' means a class member.

"(4) On an application under this section, the Federal Court may make such other orders as it thinks fit with a view to securing compliance by the respondent.

"(5) An application may not be made under this section in relation to a determination under section 25Z until:

     (a)     the time has expired for making an application under section 25ZH for review of the determination; or

     (b)     if such an application is made, the decision of the Administrative Appeals Tribunal on the application has come into operation.".
SCHEDULE—continued

Sex Discrimination Act 1984

Paragraph 3(c):

Omit "and in educational institutions", substitute ", in educational institutions and in other areas of public activity".

Subsection 4(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 70A;

'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