|
|
 |
Where am I now? Lawlink > Law Reform Commission > Publications > Appendix A: Draft Anti-Discrimination Bill 1999 - Chapter 10
Report 92 (1999) - Review of the Anti-Discrimination Act 1977 (NSW)
Appendix A: Draft Anti-Discrimination Bill 1999 - Chapter 10
Part 1 The Anti-Discrimination Board
Division 1 Constitution of the Board
120 Constitution of the Board
There is constituted by this Act a corporation with the corporate name of the Anti-Discrimination Board.
121 Membership of Board
The Board is to consist of 5 members, of whom:
(a) one is the President, and
(b) the other 4 are persons appointed by the Governor.
122 Term of office
(1) An appointed member of the Board holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment.
(2) An appointed member of the Board is eligible for reappointment.
(3) The Public Sector Management Act 1988 does not apply to the appointment of an appointed member of the Board.
123 Resignation and removal
(1) An appointed member of the Board ceases to be a member if he or she is absent, without leave having been granted by the Board, from 3 consecutive meetings of which reasonable notice has been given to the member, either personally or by post.
(2) An appointed member of the Board may resign the office of member by notifying the Minister in writing.
(3) The Governor may at any time remove an appointed member of the Board from office.
124 Filling casual vacancies
(1) If an appointed member of the Board ceases to hold office before his or her term of office expires, the Governor may fill the vacant office.
(2) A member appointed under this section holds office for the balance of the term of appointment of the member whose place he or she fills.
125 Procedure of Board
(1) The President is to preside at a meeting of the Board at which he or she is present.
(2) If the President is not present, the members present may elect a member to preside.
(3) The President or presiding member has a deliberative vote and a second or casting vote.
(4) A majority of the members of the Board currently holding office constitutes a quorum.
(5) Subject to this Act, the Board may regulate its own proceedings.
126 Effect of vacancy or defect
An act or decision of the Board is not invalid only because:
(a) of a vacancy in its membership, or
(b) of a defect or irregularity in the appointment of any member, or
(c) in the case of a person appointed to act as a member, the occasion for his or her acting had not arisen or had ceased.
127 Delegation by Board
The Board may delegate to a member of the Board any of its functions, other than this power of delegation.
Division 2 Functions of the Board
128 Functions of the Board: generally
(1) The Board has the following functions:
(a) to establish and undertake information and education programs in furtherance of the objects of this Act,
(b) to receive complaints under this Act,
(c) to establish policies and issue guidelines and directions on the manner in which the objects of this Act may be pursued by the those affected, including Government employees, providers of goods and services, educational institutions, providers of accommodation, clubs and associations and members of the community generally,
(d) any other functions conferred on it by or under this Act or any other Act.
(2) The Board has all the powers necessary and convenient to enable it to perform its functions.
(3) Without limiting subsection (2), the Board is empowered to enter into agreements or arrangements with the Human Rights and Equal Opportunity Commission or any other body having similar functions under legislation with similar objects to this Act, for the purpose of the co-operative exercise of those functions or agency arrangements in relation to those functions.
129 Educative and research functions
(1) The Board is to undertake programs for the dissemination of information for the education of the public with respect to:
(a) the elimination of discrimination and sexual harassment, and
(b) the promotion of equality of opportunity, and
(c) any other matters relevant to this Act.
(2) The Board may undertake research into any matter arising from, or incidental to, the operation of this Act.
(3) If the Board becomes aware of any provision of an Act that discriminates or has the effect of discriminating against any person or authorises or permits conduct that may constitute a contravention of this Act (ignoring any express or implied repeal of this Act), the Board must notify the Minister responsible for administering that provision or Act as soon as practicable.
(4) The Board may, at any time, submit a report to the Minister on any matter arising from the performance of the Board 's functions under this section.
130 Codes of conduct
(1) The Board may consult with a representative body and persons operating in an industry or other area of conduct to which this Act applies for the purpose of developing codes of conduct.
(2) A code of conduct is to provide guidance to persons in a specified area as to:
(a) the kinds of activity that may involve or constitute a contravention of the Act, and
(b) means of limiting, avoiding or restricting the width of any such activity or contravention, and
(c) any other matter that the Board considers necessary or convenient in the exercise of its functions and powers under section 129.
(3) A code of conduct is not legally binding on any person, but evidence of compliance with or contravention of a code may be considered by the President and the Tribunal in the exercise of functions under this Act.
(4) To avoid doubt, a code of conduct does not have the effect:
(a) of rendering lawful any conduct that contravenes this Act, or
(b) of rendering unlawful any conduct not otherwise unlawful.
Part 2 President
131 Appointment of President
There is to be a President of the Board appointed by the Governor.
132 Term of office
(1) The President holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment.
(2) The President is eligible for reappointment.
133 Resignation and removal
(1) The President may resign that office by writing signed by him or her and addressed to the Governor.
(2) The Governor may at any time remove the President from office.
134 Acting President
(1) If the President is unable to perform his or her functions, the Governor may appoint a person to act as President during the period of inability.
(2) The Governor:
(a) subject to this Act, may determine the terms of appointment of an acting President, and
(b) may at any time terminate the appointment.
(3) While his or her appointment remains in force, the acting President has and may exercise all the functions of the President.
135 Payment of President
(1) The President is entitled to remuneration in accordance with the Statutory and Offices Remuneration Act 1975.
(2) The President is entitled to receive such travelling and subsistence allowances as are from time to time determined by the Minister.
136 Functions of President
(1) The President is the chief executive officer of the Board and has the functions conferred on the President by this Act.
(2) In addition to all other functions, the President is to administer the affairs of the Board in accordance with the policies and directions of the Board.
137 Delegation by President
(1) The President may delegate to an officer of the Board any of the President’s functions, other than this power of delegation.
(2) If the President delegates a function of conciliation of complaints, either generally or in relation to a specific complaint, the function must not be exercised in relation to a complaint by an officer who has been responsible for the investigation, or any part of the investigation, of that complaint.
Part 3 General provisions
138 Staff
Such staff as may be necessary to assist in the carrying out of the functions of the Board and the President may be appointed under the Public Sector Management Act 1988.
139 Secrecy
(1) This section applies to every person who is or has been:
(a) an appointed member or acting member of the Board, or
(b) the President, or
(c) a member of staff of the Board, or
(d) any other person acting under the authority of the Board, or
(e) a person appointed pursuant to section 86(1) of the former Act.
(2) This section applies to information concerning the affairs of any person that is or has been obtained by a person to whom this section applies:
(a) in the course of exercising functions under this Act or the former Act, or
(b) as a result of another person exercising functions under this Act or the former Act,
unless the information is otherwise publicly available.
(3) A person to whom this section applies must not, either directly or indirectly, make a record of, disclose or communicate to any person any information to which this section applies unless it is necessary to do so for the purposes of, or in connection with, the exercise of a function under this Act or the former Act.
Maximum penalty: 10 penalty units.
(4) A person to whom this section applies must not be required:
(a) to produce in a court any document containing information to which this section applies, or
(b) to disclose or communicate to any court any information to which this section applies,
unless it is necessary to do so for the purposes of, or for a prosecution under or arising out of, this Act or the former Act.
(5) In this section:
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
produce includes permit access to.
140 Protection from liability
(1) This section applies to every person who is or has been:
(a) an appointed member or acting member of the Board, or
(b) the President, or
(c) a member of staff of the Board, or
(d) any other person acting under the authority of the Board.
(2) A person to whom this section applies is not personally liable for anything done or omitted to be done in good faith:
(a) in the exercise of a function under this Act, or
(b) in the reasonable belief that the thing done or omitted to be done was in the exercise of a function under this Act, or
(c) in the provision of information or advice in relation to this or any other Act or any Commonwealth Act or any Act of another State or of a Territory.
141 Annual reports
(1) In its report of operations for a financial year, the Board:
(a) must report on the administration of this Act and the regulations during that financial year, and
(b) must include information on education programs, research and the review of Acts undertaken under section 129 during that financial year, and
(c) may contain any recommendations the Board considers appropriate for the elimination or modification of discriminatory legislative provisions.
(2) The Minister must cause each report under subsection (l) to be laid before each House of the Parliament within 7 sitting days of that House after it is received by the Minister.
|
