Amendment To The Equal Treatment Commission - Rules Of Procedure

Original Language Title: Novelle zur Gleichbehandlungskommissions-Geschäftsordnung

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102. Regulation of the Federal Minister for Women and Public Service, amending the Rules of Procedure for the Senate I-III of the Equal Treatment Commission (amendment to the Rules of Procedure of the Commission)

On the basis of § 9 of the Federal Act on the Equal Treatment Commission and the Equal Treatment Prosecution (GBK/GAW Act), BGBl. No. 108/1979, as last amended by the Federal Law BGBl. I No 7/2011, shall be arranged:

The Federal Minister for Health and Women's BGBl regulation. II No 396/2004 shall be amended as follows:

1. In the title, the phrase "Federal Minister for Health and Women" by "Federal Minister for Women and Civil Service" replaced.

2. In Section 2 (1), the word sequence shall be deleted "the confidentiality of senate meetings and" .

3. In Section 3 (1) Z 3, the phrase "§ 3 para. 2 Z 1-5" by "§ 14 (1)" replaced.

4. § 4 (3) first sentence reads:

" (3) Requests to supplement or amend the agenda of a Senate meeting, including the respondents invited to individual items on the agenda, shall be submitted by the members of the Senate or by the Law referred to in Article 3 (2) (c) 1-5 of the GBK/GAW Act. Member of the Office for Equal Treatment in the matters concerning his/her scope of action, not later than two weeks before the scheduled meeting date of the Chairman of the Senate. "

5. In Section 4 (5), the phrase "Prosecution for equality issues" by "Office for equal treatment" replaced.

6. § 5 together with the title is:

" Non-public

§ 5. The senate's meetings are not public. "

7. § 6 (3) reads:

" (3) In case of a separate questioning of the applicant, the respondent/defendant or other respondents, the minutes of this part of the interview will be submitted to the applicant and the respondent/applicant. is transmitted. In the case of a joint survey of all respondents, the minutes of the joint survey will be forwarded to the applicant and the defendant only on request.

8. In Article 6 (4), the following sentence shall be inserted after the first sentence:

"Respondents can only contribute objections to the minutes of their own survey."

Section 9 (1) reads as follows:

" (1) The respective members of the Office for Equal Treatment pursuant to § 3 paragraph 2 Z 1-5 of the GBK/GAW Act shall be entitled to participate in the meetings of the Senate in the matters relating to their scope of action. On request, the word shall be given to them. "

10. In Section 10 (2), the phrase "Homepage of the Federal Ministry for Health and Women" by "Website of the Federal Chancellery" replaced.

11. In § 11 para. 1 the quote shall be " BGBl. I No 66/2004 " by " BGBl. I No 7/2011 " replaced.

12. In Section 11 (3), the word order shall be deleted "with the exception of the requests for evidence" .

13. In Article 11 (3), the following sentence is added to the last sentence: "If evidence is submitted under one of the applications, the Chairman shall decide:"

14. In Section 11 (5), the word order shall be deleted "with the exception of the requests for evidence" .

15. In Article 11 (5), the following sentence is added to the last sentence: "If evidence is submitted under one of the opinions, the Chairman shall decide:"

16. § 11 is added to the following paragraph 11:

" (11) Together with the transmission of the application/request, the respondent is to be informed of the right to request a separate interview in accordance with § 12 para. 3. The applicant shall be informed of the right to request a separate interview in the course of the first written contact by the management. Requests for a separate interview shall in principle be submitted within three weeks after receipt of this information in writing to the management of the Senate. Other persons to be requested in a procedure shall be informed of the right to request a separate interview to be informed in their summons as a person of information. The request for a separate interview is to be submitted in writing to the management of the Senate within one week of receiving the summons as an information person. Before their oral questioning, applicants and respondents are to be reminded of the possibility of separate questioning. "

17. In Section 12 (2), the word "indebted" .

18. In Article 12 (2), the following sentence is added:

"On the basis of circumstances which are particularly worthy of consideration, which are demonstrably to be shown to the Senate, a third charge may take place on the decision of the Senate."

Section 12 (3) reads as follows:

" (3) In individual examination procedures, the applicant/applicant and the respondent/defendant are jointly questioned. The other respondents are surveyed individually in the presence of the applicant and the respondent. Any applicant and/or any defendant may submit to the present counter-page or its representatives/in questions by the chairperson/chairperson or with the latter/his/her/his/her/his/her/his/her/his/her/his/her/his/her/his/her/his/her During this survey, the presence of other respondents is inadmissible. If the applicant, the respondent/defendant, or any other person seeking information requests a separate interview within the meaning of § 11 para. 11, only the questioning of this person must be carried out separately. Where an individual examination procedure (also) concerns the examination of a (sexual) harassment, the applicant and the respondent (s) are to be asked to consult each other, unless one of these two persons has requested that: the other person consented to the joint interview. The applicant (s) and the respondent (s) are to be informed about this right in analogy to § 11 (11). "

20. The following second sentence shall be inserted in Article 12 (4):

"In the case of a separate interview, only the presence of the representatives referred to in the first sentence shall be admissible in this information person."

21. § 14 together with the headline is:

" File View

§ 14. (1) The applicant and the defendant shall be granted access to the file on request in accordance with § 17 AVG.

(2) In accordance with Section 17 (3) of the AVG, which file components are to be excluded from the inspection of the file, the chairman of the senate shall determine. "

22. In § 16 (3), first sentence, after the word order "shall be done by" the word "with" by "the" replaced.

§ 17 together with headline reads:

" Application of the procedure

§ 17. (1) proceedings before the Equal Treatment Commission, in respect of which the application or the request to be made after 28 February 2011 are in accordance with the Equal Treatment Commissions-Rules of Procedure idF BGBl. II No 102/2011.

(2) For proceedings before the Equal Treatment Commission, in respect of which the application or the request has been made before 1 March 2011 and that has not yet been dealt with in any Senate meeting, the Equal Treatment Commission's Rules of Procedure shall apply idF BGBl. II. No 102/2011, if this is either the person concerned by a discrimination within the meaning of the GlBG or the person against which the application or the application is made. the request is requested, requested and the person in each case agrees to the person concerned.

(3) In these proceedings, the Equal Treatment Commission's Rules of Procedure, idF BGBl, shall not be approved in accordance with the second paragraph of this Article. II No 396/2004. "

Heinisch-Hosek