Australian Human Rights Commission Act 1986

Overview

The Australian Human Rights Commission Act 1986 was enacted to establish the Australian Human Rights Commission and to provide for the protection and promotion of human rights in Australia. The legislation was introduced by the Parliament of Australia to address the need for a dedicated body to oversee and enforce human rights protections and to investigate and mediate complaints of discrimination and human rights abuses. The Act outlines the Commission's establishment, functions, powers, and administrative provisions. It also includes provisions for the roles and responsibilities of various Commissioners, such as the Aboriginal and Torres Strait Islander Social Justice Commissioner and the National Children's Commissioner. The policy objective of the Act is to ensure that human rights are respected, protected, and promoted across Australia.

Scope and Application

The Australian Human Rights Commission Act 1986 establishes the Australian Human Rights Commission (AHRC) as a statutory body responsible for promoting and protecting human rights in Australia. The AHRC's jurisdiction applies to all Commonwealth authorities, as well as laws and practices within Australian states and territories. The Act binds the Crown in right of the Commonwealth but does not bind the Crown in right of a State, except in cases relating to victimisation offences under Part IIB. The Act extends to every external territory of Australia. The AHRC is tasked with ensuring its functions are performed with regard for the indivisibility and universality of human rights, and the principle that every person is free and equal in dignity and rights. The Commission is responsible for examining laws, practices, and acts to ascertain any inconsistencies with human rights, and has the authority to inquire into complaints of unlawful discrimination and to attempt conciliation. It also engages in consultations with appropriate persons, governmental and non-governmental organisations, and can enter into inter-governmental arrangements for the performance of its functions. The Act provides for the appointment of a President and various Commissioners, including the Aboriginal and Torres Strait Islander Social Justice Commissioner, the National Children’s Commissioner, and several Discrimination Commissioners. Each Commissioner has specific roles and responsibilities related to their respective areas of focus. The Act outlines the Commission's powers to obtain information, examine witnesses, and make recommendations to the Minister based on its inquiries and examinations. The Act also includes provisions for the referral of complaints to other bodies, such as the Fair Work Commission or the Remuneration Tribunal, and sets out the procedures for lodging complaints, conducting inquiries, and seeking redress in the Federal Court or the Federal Circuit and Family Court of Australia. The Act includes protections from civil actions for the Commission and its members when acting in good faith, and imposes penalties for failure to comply with the Act's requirements, including providing information or attending inquiries. Additionally, it safeguards the non-disclosure of private information acquired by the Commission or its members in the course of their duties, with exceptions where disclosure is necessary under the Act or required by other legislation.

Key Provisions

• The Australian Human Rights Commission Act 1986, as amended, establishes the Australian Human Rights Commission (AHRC) and outlines its duties, functions, and powers. The AHRC is a body corporate with the responsibility to promote and protect human rights in Australia. Section 10A states that the Commission must ensure its functions are performed with regard for the indivisibility and universality of human rights, and the principle that every person is free and equal in dignity and rights. The Commission's functions include inquiring into, and attempting to conciliate, complaints of unlawful discrimination, examining enactments for inconsistencies with human rights, and reporting to the Minister on laws and actions needed to comply with international human rights instruments. The Act also empowers the Commission to engage in consultations, hold examinations and inquiries, obtain information and documents, and examine witnesses. Under section 11, the Commission must act fairly and expeditiously in dealing with complaints and use its best endeavours to finish dealing with complaints within 12 months. Failure to comply with the Commission's requirements to provide information or produce documents is an offence carrying a penalty of 10 penalty units (section 23). The Act imposes obligations on the parties it governs, including the duty to provide information and documents as required by the Commission and to comply with directions given by the Commission. Section 27 mandates that the Commission must give a reasonable opportunity for making submissions before furnishing a report to the Minister in relation to an act or practice found to be inconsistent with or contrary to any human right. The Act outlines various offences and penalties for breaches, such as hindering or interfering with a member participating in an inquiry or examination, which carries a penalty of 10 penalty units (subsection 26(1)). Providing false or misleading information to the Commission or its members is an offence punishable by imprisonment for 6 months (section 46PN). Additionally, section 49 imposes penalties for non-disclosure of private information, with penalties of up to 50 penalty units or imprisonment for 1 year, or both. These offences are subject to the provisions of the Criminal Code, as stated in section 6A.

Legal classification tags

Area of Law

Human Rights Law

Discrimination Law

Civil Litigation & Procedure

Instrument

Act

Concepts

Definitions & Interpretation

Commencement Provisions

Delegated & Subordinate Legislation

Offence Provisions

Civil Penalty Provisions

Reporting & Disclosure Obligations

Enforcement Powers

Transitional Provisions