Anti-Discrimination Act 1992

This Act may be cited as the Anti-Discrimination Act 1992.

This Act shall come into operation on a date to be fixed by the

Administrator by notice in the Gazette.

The objects of this Act are:

to promote recognition and acceptance within the community of the principle of the right to equality of opportunity of persons regardless of an attribute; and

to prevent and eliminate discrimination, sexual harassment and victimisation to the greatest extent possible; and

to promote the identification and elimination of systemic discrimination.

This Act binds the Crown, not only in right of the Territory but, to the extent that the legislative power of the Legislative Assembly permits, in all its other capacities.

Part IIAA of the Criminal Code applies to an offence against this

Act.

Note for section 5A

Part IIAA of the Criminal

Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

Subject to this Part, the Administrator may, in writing, appoint a person to be the Anti-Discrimination Commissioner.

Subject to this Part, the Commissioner holds office for such period, not longer than 5 years, as is specified in the notice of appointment but is eligible for re-appointment.

The terms and conditions of the Commissioner's appointment shall be fixed by the Administrator.

The Minister may grant leave of absence to the Commissioner on such terms as the Minister thinks fit.

The Commissioner may resign, in writing, delivered to the

Administrator.

The Administrator may, in writing, terminate the appointment of a person as the Commissioner if the person:

becomes physically or mentally incapable of satisfactorily performing the duties of the office; or

is guilty of misconduct of a kind that could warrant dismissal under the Public Sector Employment and Management Act 1993 if the person were an employee within the meaning of that Act; or

is absent, without the Minister's leave and without reasonable excuse, for 14 consecutive days or 28 days in any 12 months.

The Administrator shall, in writing, terminate the appointment of a person as the Commissioner if the person:

is found guilty of an indictable offence (whether in the

Territory or elsewhere); or

becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or

engages in paid employment outside the duties of the office without the Minister's approval.

The Commissioner shall, as soon as practicable after being appointed and after acquiring them, in writing, notify the Minister of all direct or indirect pecuniary interests that the Commissioner has or acquires in a business, or in a body corporate carrying on a business, whether in Australia or elsewhere.