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This is a Bill, not an Act. For current law, see the Acts databases.


EQUAL OPPORTUNITY AMENDMENT BILL 2008

                  Western Australia


Equal Opportunity Amendment Bill 2008

                     CONTENTS


1.   Short title                                          2
2.   Commencement                                         2
3.   The Act amended                                      2
4.   Section 24 amended                                   2
5.   Section 83B inserted                                 3
     83B.     Manner of dealing with complaints of
              sexual harassment against members of
              Parliament                             3
6.   Section 165 amended                                  7
7.   Section 166 amended                                  7




                       271--1B                            page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY



     Equal Opportunity Amendment Bill 2008


                               A Bill for


An Act to amend the Equal Opportunity Act 1984.



The Parliament of Western Australia enacts as follows:




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     Equal Opportunity Amendment Bill 2008



     s. 1




     1.              Short title
                     This is the Equal Opportunity Amendment Act 2008.
     2.              Commencement
                     This Act comes into operation as follows:
 5                    (a) sections 1 and 2 -- on the day on which this Act
                            receives the Royal Assent;
                      (b) the rest of the Act -- on the day after that day.
     3.              The Act amended
                     The amendments in this Act are to the Equal Opportunity
10                   Act 1984.
     4.              Section 24 amended
          (1)        After section 24(2) the following subsections are inserted --
                "
                    (2A)    Without limiting subsection (1), it is unlawful for a
15                          member of Parliament to harass sexually --
                             (a) an officer appointed to assist the member of
                                  Parliament; or
                             (b) an officer appointed to assist another member
                                  of Parliament; or
20                           (c) an officer or member of the staff of Parliament;
                                  or
                             (d) any other person who in the course of
                                  employment performs duties at the Parliament
                                  or at a place where either House, or a
25                                committee of either or both Houses, meets.
                    (2B)    Subsection (2A) does not apply in relation to anything
                            said or done by a member of Parliament in the course
                            of parliamentary proceedings.
                                                                                                  ".
30                   Note: The heading to section 24 will be altered by adding "and of staff ".


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                                                 Equal Opportunity Amendment Bill 2008



                                                                                          s. 5



          (2)        Section 24(3) is amended by deleting "this section" and
                     inserting instead --
                     "     subsections (1) and (2)   ".
          (3)        After section 24(3) the following subsection is inserted --
 5              "
                    (3A)     A person shall, for the purposes of subsection (2A), be
                             taken to harass sexually a person referred to in
                             subsection (2A)(a), (b), (c) or (d) if the first-mentioned
                             person makes an unwelcome sexual advance, or an
10                           unwelcome request for sexual favours, to the other
                             person, or engages in other unwelcome conduct of a
                             sexual nature in relation to the other person.
                                                                                           ".
          (4)        Section 24(4) is amended by deleting "subsection (3)" and
15                   inserting instead --
                     "     subsection (3) or (3A)    ".

     5.              Section 83B inserted
                     After section 83A the following section is inserted --
     "
20          83B.             Manner of dealing with complaints of sexual
                             harassment against members of Parliament
                     (1)     If a complaint alleging that a member of Parliament
                             committed a contravention of section 24 is lodged with
                             the Commissioner, the following provisions apply --
25                              (a) the Commissioner shall refer the complaint to
                                     the appropriate authority;
                               (b) if the appropriate authority is of the opinion
                                     that dealing with the complaint under this Act
                                     could impinge on parliamentary privilege, the
30                                   appropriate authority may investigate and deal
                                     with the complaint in a manner that the
                                     appropriate authority thinks fit;


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     Equal Opportunity Amendment Bill 2008



     s. 5



                    (c)    on the appropriate authority giving the
                           Commissioner written notice that a complaint is
                           to be dealt with under paragraph (b) --
                              (i) no action can be taken under sections 84
 5                                 to 93 in relation to the complaint; and
                             (ii) the Commissioner shall give the
                                   complainant and the respondent written
                                   notice that the complaint will be dealt
                                   with by the appropriate authority;
10                  (d)    on the appropriate authority giving the
                           Commissioner written notice that a complaint is
                           not going to be dealt with under paragraph (b),
                           the Commissioner may proceed to deal with the
                           complaint under this Act;
15                  (e)    a notice has to be given under paragraph (c)
                           or (d) by the appropriate authority no later than
                           one month after the referral of a complaint to
                           the appropriate authority;
                     (f)   if a complaint is to be dealt with under
20                         paragraph (b), the Commissioner may at the
                           request of the appropriate authority --
                              (i) assist the authority in investigating the
                                   complaint; or
                             (ii) endeavour to resolve the complaint by
25                                 conciliation;
                    (g)    if the Commissioner is to act under
                           paragraph (f), the appropriate authority shall
                           give the complainant and the respondent
                           written notice that the Commissioner is to
30                         so act;
                    (h)    if, acting under paragraph (f), the
                           Commissioner endeavours to resolve a
                           complaint by conciliation but is not successful,
                           the Commissioner may make recommendations


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                              Equal Opportunity Amendment Bill 2008



                                                                     s. 5



                   to the appropriate authority regarding resolution
                   of the complaint;
             (i)   if, after investigating a complaint under
                   paragraph (b), the appropriate authority
 5                 considers that the complaint can be dealt with
                   under this Act without impinging on
                   parliamentary privilege, the appropriate
                   authority shall remit the complaint to the
                   Commissioner, and, in that case, the
10                 Commissioner may proceed to deal with the
                   complaint under this Act;
             (j)   if a complaint is remitted to the Commissioner
                   under paragraph (i), the Commissioner shall
                   give the complainant and respondent written
15                 notice that the complaint is to be dealt with by
                   the Commissioner;
            (k)    the appropriate authority shall give the
                   complainant and the Commissioner written
                   notice of the manner in which the appropriate
20                 authority has dealt with a complaint under
                   paragraph (b).
     (2)   Despite subsection (1)(c)(i) and any other law, for the
           purposes of investigating a complaint under
           subsection (1)(b) an appropriate authority has the same
25         powers and immunities as are conferred on the
           Commissioner by this Act in relation to the
           investigation of a complaint by the Commissioner.
     (3)   Despite subsection (1)(c)(i), sections 91(2) and 92
           apply if the Commissioner is endeavouring to resolve a
30         complaint by conciliation under subsection (1)(f)(ii).




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     Equal Opportunity Amendment Bill 2008



     s. 5



              (4)   In this section --
                    "appropriate authority" in relation to a complaint
                         against a member of the Legislative Council
                         means --
 5                       (a) the President of the Legislative Council; or
                         (b) if the person who is President is not available
                               to deal with the matter --
                                  (i) the Chairman of Committees of the
                                       Legislative Council; or
10                               (ii) if the person who is Chairman of
                                       Committees is not available to deal
                                       with the matter --a member of the
                                       Legislative Council who is not the
                                       respondent and who is appointed by
15                                     the Legislative Council to deal with
                                       the complaint;
                    "appropriate authority" in relation to a complaint
                         against a member of the Legislative Assembly
                         means --
20                       (a) the Speaker of the Legislative Assembly; or
                         (b) if the person who is Speaker is not available
                               to deal with the matter --
                                  (i) the Chairman of Committees of the
                                       Legislative Assembly; or
25                               (ii) if the person who is Chairman of
                                       Committees is not available to deal
                                       with the matter --a member of the
                                       Legislative Assembly who is not the
                                       respondent and who is appointed by
30                                     the Legislative Assembly to deal with
                                       the complaint.




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                                              Equal Opportunity Amendment Bill 2008



                                                                                      s. 6



                    (5)    For the purposes of subsection (4) a person is not
                           available to deal with a matter if the person --
                             (a) is absent or unable for the time being to
                                   perform the duties of office; or
 5                           (b) is the respondent; or
                             (c) declines to deal with the matter on the grounds
                                   that it would be inappropriate for the person to
                                   do so.
                                                                                       ".

10   6.             Section 165 amended
          (1)       Section 165(1) is amended by deleting "Commissioner has" and
                    inserting instead --
                    "     Commissioner or an appropriate authority has     ".
          (2)       Section 165(2)(a) is amended as follows:
15                    (a) by deleting "Commissioner," and inserting instead --
                           " Commissioner, an appropriate authority, ";
                     (b) by inserting before "or pursuant" --
                           " or of an appropriate authority ".
          (3)       After section 165(2) the following subsection is inserted --
20              "
                    (3)    In this section --
                           "appropriate authority" has the meaning given in
                                section 83B(4).
                                                                                       ".
25   7.             Section 166 amended
          (1)       Section 166(1) is amended as follows:
                      (a) by inserting before "or a" --
                           " or an appropriate authority ";




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     Equal Opportunity Amendment Bill 2008



     s. 7



                      (b)    by inserting before "or pursuant" --
                             " or of an appropriate authority ";
                      (c)    by deleting "Commissioner." and inserting instead --
                             " Commissioner or appropriate authority. ".
 5      (2)       Section 166(2)(b) is amended by deleting "Commissioner," and
                  inserting instead --
                  "     Commissioner or an appropriate authority,   ".
        (3)       After section 166(2) the following subsection is inserted --
              "
10                (3)       In this section --
                            "appropriate authority" has the meaning given in
                               section 83B(4).
                                                                                   ".




 


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