Commonwealth Numbered Acts

SEX DISCRIMINATION ACT 1984 No. 4, 1984 - SECT 48

PART III-INQUIRIES AND CIVIL PROCEEDINGS

Division 1-Preliminary

48. (1) In addition to the functions of the Human Rights Commission under the
Human Rights Commission Act 1981, the Commission has the following functions:

   (a)  to inquire into alleged infringements of Part II, and endeavour by
        conciliation to effect a settlement of the matters to which the
        alleged infringements relate;

   (b)  to inquire into, and make determinations on, matters referred to it by
        the Minister or the Commissioner;

   (c)  to exercise the powers conferred on it by section 44;

   (d)  to promote an understanding and acceptance of, and compliance with,
        this Act;

   (e)  to undertake research and educational programs, and other programs, on
        behalf of the Commonwealth for the purpose of promoting the objects of
        this Act;

   (f)  to examine enactments, and (when requested to do so by the Minister)
        proposed enactments, for the purpose of ascertaining whether the
        enactments or proposed enactments are, or would be, inconsistent with
        or contrary to the objects of this Act, and to report to the Minister
        the results of any such examination;

   (g)  on its own initiative or when requested by the Minister, to report to
        the Minister as to the laws that should be made by the Parliament, or
        action that should be taken by the Commonwealth, on matters relating
        to discrimination on the ground of sex, marital status or pregnancy or
        to discrimination involving sexual harassment; and

   (h)  to do anything incidental or conducive to the performance of any of
        the preceding functions.

(2) The Commission shall not regard an enactment or proposed enactment as
being inconsistent with or contrary to the objects of this Act for the
purposes of paragraph (1) (f) by reason of a provision of the enactment or
proposed enactment that is included for the purpose referred to in section 33.

(3) If the Commissioner is a member of the Commission, the Commissioner shall
not participate in any inquiry held by the Commission under Division 3 or
attend any meeting of the Commission, be present during any deliberation of
the Commission, or take part in any decision of the Commission, in connection
with such an inquiry.