Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

Thanks, Senator Scarr, for the question. The cost provision in this bill would apply to all unlawful discrimination matters that proceed to court. This means that the bill applies to applications made to the court after an unlawful discrimination complaint has been terminated by the Australian Human Rights Commission. These amendments mean that cost provisions in the Federal Court act would be subject to the new section 46PSA, which would be inserted by the bill. The government notes that there are other existing provisions in the Federal Court act regarding costs which will continue to operate alongside the bill. For example, the court will retain its discretion to apportion costs as it sees fit and order that costs awarded against a party are to be assessed on an indemnity basis or otherwise. The Federal Court act provides that, except as provided by another act, the award of costs is in the discretion of the court or judge—subsection 43(2). Where proceedings raise issues that extend beyond unlawful discrimination matters, it will be a matter for the court to determine costs having regard to the Federal Court act and the particular circumstances of the case.