Australian Human Rights Commission Part II
Functions relating to equal opportunity in employment Division 4
Section 34
paragraph (a), (b), (c) or (d) of the definition of practice in
that subsection;
(d) the words “is inconsistent with or contrary to any human
right” were omitted from sections 26 and 27 and the words
“constitutes discrimination” were substituted; and
(e) a reference in any of those provisions to another of those
provisions were a reference to that other provision as applied
by this section.
34 Nature of settlements
The Commission shall, in endeavouring to effect a settlement of a
matter that gave rise to an inquiry, have regard to the need to
ensure that any settlement of the matter reflects a recognition of the
right of every person to equality of opportunity and treatment in
respect of employment and occupation and the need to protect that
right.
35 Reports to contain recommendations
(1) Where, after an examination of an enactment or proposed
enactment, the Commission finds that the enactment has, or the
proposed enactment would have, the effect of nullifying or
impairing equality of opportunity or treatment in employment or
occupation, the Commission shall include in its report to the
Minister relating to the results of the examination any
recommendations by the Commission for amendment of the
enactment or proposed enactment to ensure that the enactment does
not have, or the proposed enactment would not have, the effect of
nullifying or impairing equality of opportunity or treatment in
employment or occupation.
(2) Where, after an inquiry into an act done or practice engaged in by a
person, the Commission finds that the act or practice constitutes
discrimination, the Commission:
(a) shall serve notice in writing on the person setting out its
findings and the reasons for those findings;
Australian Human Rights Commission Act 1986
Compilation No. 48
Compilation date: 20/12/18
Authorised Version C2019C00030 registered 14/01/2019
45
Registered: 14/1/19