December 2021
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A reform agenda for federal discrimination laws
Krysti Guest, Human Rights Legislation Amendment Bill 1996 (Bills Digest No 75 of 1996–97, Department of
the Parliamentary Library, Information and Research Services) 3. Guest referred to academic and judicial
comments noted in: Senate Standing Committee on Legal and Constitutional Affairs, Parliament of Australia,
Review of the Determinations of the Human Rights and Equal Opportunity Commission and the Privacy Commissioner
(1992) 8–12.
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The Commission itself suggested to the Committee that determinations should be registered with the Federal
Court and take effect as if they were court orders, subject to the ability of the respondent to apply for a review
by the Federal Court: HREOC, Submission No 8, Senate Standing Committee on Legal and Constitutional Affairs,
Parliament of Australia, Review of the Determinations of the Human Rights and Equal Opportunity Commission and
the Privacy Commissioner (1992) [3.11]. With support for such a registration procedure, its constitutional validity
affirmed by the Chief General Counsel, and favoured by the Attorney-General’s Department, the Committee
opted for this approach: Senate Standing Committee on Legal and Constitutional Affairs, Parliament of
Australia, Review of the Determinations of the Human Rights and Equal Opportunity Commission and the Privacy
Commissioner (1992) [4.15].
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Eg, Racial Discrimination Act 1975 (Cth) s 25ZAB. The Bill came into force on 13 January 1993.
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Brandy v HREOC (1995) 183 CLR 245, [20].
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See, for example, Vella v Commissioner of Police (NSW) [2019] HCA 38; Deputy Commissioner of Taxation v
Buzadzic [2019] VSCA 221; GS v Ms [2019] WASC 225.
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Australian Human Rights Commission Act 1986 (Cth) s 46PO.
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Human Rights Legislation Amendment Act (No 1) 1999 (Cth) introducing s 46PV.
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Australian Human Rights Commission Act 1986 (Cth) s 3(1).
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See Janice Nand, ‘Judicial Power and Administrative Tribunals: The decision in Brandy v HREOC’ (1997) 14
Australian Institute of Administrative Law Forum 15, 25.
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Sharon Offenberger and Robin Banks, ‘Wind out of the sails: new federal structure for the administration of
human rights legislation’ (2000) 6(1) Australian Journal of Human Rights 239, 241.
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Privacy Act 1988 (Cth) ss 52, 55A, 62. The role of the Privacy Commissioner sat with the Commission until 2000.
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