With Rosemary Hunter of the Justice Research Centre and Griffith University, I am conducting a research project which aims to assess the effect of the changes brought about by this legislation through collection of data about the experiences and decision making of parties both before and after the change.
2.
See eg. Koowarta v Bjelke-Petersen (1982) 153 CLR 168, Aldridge v Booth (1988) 80 ALR 1.
3.
Senator Bolkus (Labor) noted in Senate debate on the Act that HREOC's funding had been reduced by 40% from 1996–97 to 1998–99 financial year. Senate Hansard, Monday 20 September 1999, 8345–6.
4.
See, for example, FreemanAlan, ‘Racism, Rights and the Quest for Equality of Opportunity: A Critical Legal Essay’, (1988) 23Harvard Civil Rights–Civil Liberties Law Review295, quoted in O'DonohueJ., Foundations and Employment Discrimination Law, Oxford University Press, 1997; AllenRodney, ‘Equal Opportunity’, (1996) 5(2) Res Publica16.
5.
Senate, Legal and Constitutional Legislation Committee, Provisions of the Human Rights Legislation Amendment Bill (No 2) 1998, 17 February 1999, Parl. Paper 155/99; Human Rights Legislation Amendment Bill 1996, 26 June 1997, Parl Paper 139/97.
6.
Federal Magistrates Act 1999, Federal Magistrates (Consequential Amendments) Act 1999, Privacy Amendment (Office of the Privacy Commissioner) Act 2000 (Cth).
7.
See Australian Law Reform Commission, Managing Justice; A Review of the Federal Civil Justice System, Report No 89, 2000, at 1.49, 1.58–1.59, and 359–364.
8.
See RDA ss. 25Z(2), 25ZD-25ZI; SDA ss.81(2), 84A-84F; DDA ss. 103(2), 106A-106F (all repealed by the HRLA Act (No 1) 1999.
9.
Quoted at Senate, Legal and Constitutional References Committee, Inquiry into the Legal Aid System, Third Report, June 1998, para 7.29.
10.
Senate, Legal and Constitutional References Committee, above, Appendix 6 at 265, which shows that from 1990–91 to 1997–98 a total expenditure had occurred of $175,487 under the SDA, $236,725 under the RDA, and $15,381 under the DDA.
11.
OffenbergerSharon and BanksRobin, ‘Wind out of the Sails—New Federal Structure for the Administration of Human Rights Legislation’, (2000) 6AJ Human Rights239.
12.
See for example, the comparative table of damages in Australian and New Zealand Equal Opportunity Law and Practice, CCH at 89–950, 960.
13.
See, for example, Hickie v Hunt and Hunt (1999) EOC 92–910 (HREOC, unreported, 7 March 1998); Garity v Cth Bank (1999) (EOC) 92–966 (HREOC); Offenberger and Banks, above, ref 11.
14.
RonaldsChris, Discrimination Law and Practice, Federation Press, 1998, 196–7; Gray v Victoria (1999) EOC 92–996 (VCAT).
15.
See, for example, Commonwealth Bank of Australia v HREOC (1997) 80 FCR 78, 150 ALR 1, setting aside a finding of sex discrimination during a bank reorganisation in a case brought by the Finance Sector Union.
