Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

The Australian Human Rights Commission Amendment (Costs Protection) Bill 2023, which has been debated today—and I think in fact the debate commenced yesterday—will implement the objectives of recommendation 25 of the Respect@Work report by alleviating a significant barrier to justice for those pursuing federal unlawful discrimination proceedings. It will do so by inserting a modified equal access costs protection provision into the Australian Human Rights Commission Act. This reform would overcome the deterrent effect that an adverse cost order currently poses to applicants seeking to commence unlawful discrimination proceedings and provide certainty for all parties as to how costs could be awarded.

This bill would address the power imbalances and resource disparities present in most unlawful discrimination proceedings. It would ensure that, where an applicant is successful on one or more grounds, the respondent would pay the applicant's costs. However, if the court is satisfied that a successful applicant's unreasonable act or omission caused the applicant to incur costs, the court is not required to order the respondent to pay the costs incurred as a result of that act or omission.

This bill would prevent a court from ordering an applicant to pay the respondent's costs except in certain defined and limited circumstances. These exceptional circumstances include where the respondent has been successful in the proceedings and is not at a significant power or financial advantage over the applicant.

These modifications to the equal access model ensure the bill strikes an appropriate balance between protecting applicants and helping to overcome the financial deterrent to them commencing proceedings and recognising where this would not be reasonable or fair.

I thank the Senate Legal and Constitutional Affairs Legislation Committee for their considered inquiry and report on the bill. The government has implemented the Senate committee's recommendation to provide further guidance on the term 'unreasonable act or omission' through an addendum to the explanatory memorandum. This will provide further certainty to all parties involved in federal unlawful discrimination proceedings that a holistic approach must be taken when making such determinations.

I also welcome the Senate committee's recommendation that, subject to this change, the bill be passed. The government considers that the modified equal access cost protection provision in this bill reflects a considered and balanced approach which best achieves the policy objectives of recommendation 25 of the Respect@Work report. On that basis, I commend the bill to the chamber.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

I put the question that this bill be now read a second time. A division is required, but we're past 6.30, so it's deferred. Minister?

Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

I'm sorry, Deputy President. It was remiss of me to forget to table the addendum to the explanatory memorandum relating to the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023. The addendum responds to matters raised by the Legal and Constitutional Affairs Legislation Committee.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

That can be tabled.

Debate adjourned.