TERMS OF REFERENCE
In a letter dated 17 December 1991, the Commission received the following reference from the Attorney General, the Hon P E J Collins, QC.
To inquire into and report on the current scope and operation of the Anti-Discrimination Act 1977 (NSW) and any related issues.
In conducting the review the Commission was asked to have regard to:
- existing Commonwealth laws relating to anti-discrimination;
- Australia's international human rights obligations as they relate to anti-discrimination; and
- any related issues.
PARTICIPANTS
The Commission
The Law Reform Commission is constituted by the the Law Reform Commission Act 1967 (NSW). For the purpose of the Anti-Discrimination Reference, the Chairman, in accordance with the Act, created a Division comprising the following members of the Commission:
The Hon R M Hope QC
Professor David Weisbrot
Professor Richard Chisholm
Ms Jane Stackpool
Officers of the Commission
Executive Director:
Research and Writing:
Research and other assistance:
Ms Leonie Armstrong
Mrs Sally Riordan
Mr Jarrod White
Ms Adrienne Bailey
Ms Vicky Coakley
Mr Tim Nalliah
Librarian:
Desktop Publishing:
Cover Design:
Administrative Assistance:
Consultant:
SUBMISSIONS
The Commission invites submissions on the issues raised in this Paper. Submissions and comments should reach the Commission by 31 May 1993. Details on how to make a submission are set out on page 7 - 9 of this Paper.
All inquiries and comments should be directed to:
[Current contact details for the Law Reform Commission]
GLOSSARY
The Commission has been conscious of the need to use plain English and to avoid technical legal terminology in order to make this Paper accessible to any person interested in discrimination issues. However, the use of some legal words and phrases cannot be avoided. Such words an phrases that may not be familiar to persons with a non-legal background are explained below:
Act: An Act of Parliament or the law made by Parliament; also called "statute law". A "Bill" becomes an Act of Parliament, when it is passed by both Houses of Parliament and is approved or "assented to" by the Govenor General. See "Bill" below.
Affidavit: A written statement, sworn or affirmed, which may be used as a substitute for oral evidence in court.
Bill: Usually refers to the draft form of a proposed statute (Act) as presented to Parliament. Not all Bills ultimately become Acts of Parliament; only those that are passed by both Houses of Parliament and assented to by the Govenor General.
Common law: The law developed by the courts through the accumulation of judicial decisions, as distinct from law laid down in Acts of Parliament. The common law is used to supplement and interpret Acts of Parliament.
Commonwealth Government: The central government of Australia based in Canberra. Also referred to a federal legislation.
Complainant: The person who makes a complaint [of discrimination].
Conciliation: A non-judicial system for resolving disputes between two or more parties by a process involving negotiation and agreement in the presence of an appointed third party.
Constitution: The law which contains the fundamental principles and rules according to which a nation or state is governed. In Australia, the Commonwealth and each of the states has a written Constitution. The Commonwealth Constitution lists the powers of the Commonwealth government. Some, but not all of these powers, are exclusive to the Commonwealth and are denied to the states. Other powers are shared between Commonwealth and state governments.
Entrenched: Rights or entitlements which cannot be removed or amended except by a special procedure. In Australia, the Constitution which is entrenched can only be changed by a referendum, that is a reference of the proposal to the electorate for acceptance or rejection.
Federal Government: May refer to the Commonwealth Government, see above. However, it may also refer to a system of government where there is a division of legislation, executive and judicial power between two main levels of governments. Such a system exists in Australia, as well as in the United States of America, Canada, Germany and Nigeria. The division of power is between the Commonwealth, which is the central government and has responsibility for the nation as a whole, and the state governments which have responsibility for particular geographic areas. This division of power results in a citizen having to obey two sets of laws, elect two governments, and use two court systems (federal and state). It is because Australia has a federal system of government that we have both federal and state anti-discrimination laws.
Industrial Awards: Made pursuant to federal and state industrial relations legislation, setting out terms and conditions of employment for a defined period of time. The purpose of an industrial award is to regulate (wholly or partly) the conditions of employment of persons in a particular trade or industry.
Jurisdiction: May refer to:
- the power of a state to pass and enforce it's laws; or
- the extent or range of power of a court, tribunal or other regulatory authority to hear and determine a matter; or
- the geographical area over which such power is exercised.
Legislation: The body of laws made by Parliament. These laws consist of:
Litigation: The taking of a dispute before the court.
Preamble: An introduction to an Act or Bill setting out its purpose.
Ratification: The process whereby a state may express its consent to be bound by a treaty, involving formal confirmation by the state of its initial signature to the treaty. Ratification is normally required before a treaty becomes binding.
Regulation: A form of subordinate or delegated legislation, essentially of a subsidiary or procedural nature generally relating to the administration of the Act under which it is made. Regulations and other forms of delegated legislation are not made by Parliament, but are made under the delegated authority of the Parliament, usually by a Minister or senior public official.
Respondent: The person against whom a complaint is made, for example, the employer in a complaint of employment discrimination.
Sunset Clause: A clause in a statute providing that the Act or part of it will cease to have effect at some future time.
