PART 1 — PRELIMINARY
[HRA 1]
Short title and commencement
1 This Act may be cited as the Human Rights and Anti-Discrimination Commission
Act 2009, and shall come into force on 12 May 2009.
[s 1 am Act 31 of 2016 s 99, opn 1 Dec 2016]
[HRA 2]
Interpretation
2 In this Act, unless the context otherwise requires—
Commission means the Human Rights and Anti-Discrimination Commission which
is established by this Act and which has functions conferred by this Act;
[def am Act 31 of 2016 s 99, opn 1 Dec 2016]
Commissioner means any member of the Human Rights and Anti-Discrimination
Commission;
[def am Act 31 of 2016 s 99, opn 1 Dec 2016]
department means a department in the civil service;
[def am Act 2 of 2016 s 20, opn 16 Feb 2016]
employment includes—
(a) the employing of an independent contractor;
(b) the relationship between a person for whom work is done by a contract
worker pursuant to a contract and the person who supplies that worker;
(c) employment in the civil service, including the Fiji Police Force, the
Fiji Corrections Service and the Republic of Fiji Military Forces;
(d) unpaid work;
[def am Decree 11 of 2011 s 4, opn 27 June 2008; Act 2 of 2016 s 20, opn 16 Feb 2016]
functions of the Commission means the functions conferred on the Commission by
this Act, or by or under any other written law;
human rights means the rights embodied in those United Nations covenants and
conventions on human rights which are ratified by the State of Fiji, and the rights
and freedoms as set out in the Constitution of the Republic of Fiji;
[def am Act 31 of 2016 s 99, opn 1 Dec 2016]
Minister means the Minister responsible for human rights matters;
Proceedings Commissioner means the person designated as such under section 14;
and
prohibited ground of discrimination means—
(a) actual or supposed personal characteristics or circumstances, including race,
ethnic origin, colour, place of origin, gender, sexual orientation, birth, primary
language, economic status, age or disability; or
(b) opinions or beliefs, except to the extent that those opinions or beliefs involve
harm to others or diminution of the rights or freedoms of others,
provided however, that any law or administrative action which—
(a) appropriates revenues or other moneys for particular purposes;
(b) imposes a retirement age on a person who is the holder of a public office;
(c) imposes on persons who are not citizens a disability or restriction, or confers
on them a privilege or advantage, not imposed or conferred on citizens;
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