Commonwealth Consolidated Acts

INDUSTRIAL RELATIONS AND OTHER LEGISLATION AMENDMENT ACT 1995 - SCHEDULE 1

Section   3

1   After section 58H:

Insert:

58HA   Hearings in relation to discriminatory determinations

  (1)   If a determination is referred to the Tribunal under section 50E of the Sex Discrimination Act 1984 , the Tribunal must hold a hearing to review the determination.

  (2)   Unless the hearing takes place before a single member of the Tribunal, subsections 58K(1) to (6) apply to the hearing as if it were a meeting of the Tribunal.

  (3)   The Tribunal must decide whether or not the hearing is to be held in public.

  (4)   If the Tribunal decides that the hearing is not to be held in public, then, subject to subsection (5) and subsections 58K(9) and 58KB(5), the Tribunal may decide the people who may be present.

  (5)   The Sex Discrimination Commissioner is entitled to notice of, and to be present at, the hearing and may make submissions to the Tribunal.

  (6)   In this section:

"determination" includes a variation to a determination.

"Tribunal" includes a single member conducting the Tribunal ' s business under a direction under subsection 58KA(1).

58HB   Review of discriminatory determinations

  (1)   If:

  (a)   a determination has been referred to the Tribunal under section 50E of the Sex Discrimination Act 1984 ; and

  (b)   the Tribunal considers that the determination is a discriminatory determination;

the Tribunal must take the necessary action to remove the discrimination, by setting aside the determination, setting aside terms of the determination or varying the determination.

  (2)   In this section:

"determination" has the same meaning as in section 58HA.

"discriminatory determination" means a determination that:

  (a)   has been referred to the Tribunal under section 50E of the Sex Discrimination Act 1984 ; and

  (b)   requires a person to do an act that would be unlawful under Part II of the Sex Discrimination Act 1984 except for the fact that the act would be done in direct compliance with the determination.

"Tribunal" has the same meaning as in section 58HA.

  (3)   For the purposes of the definition of discriminatory determinatio n in subsection (2), the fact that an act is done in direct compliance with the determination does not of itself mean that the act is reasonable.