Human Rights Commission Act 1981

Overview

The Human Rights Commission Act 1981 was enacted to address the need for a dedicated body to promote, protect, and monitor human rights in Australia. The Act established the Human Rights Commission, which was tasked with examining legislation and practices to ensure they were consistent with Australia’s international human rights obligations. The Act also aimed to foster an understanding and acceptance of human rights within Australia and to provide a mechanism for individuals to report human rights violations. The Human Rights Commission Act 1981 was enacted by the Queen, with the advice and consent of the Senate and the House of Representatives, to create a statutory body dedicated to the promotion and protection of human rights in Australia.

Scope and Application

The Human Rights Commission Act 1981 applies to the Commonwealth, the Australian Capital Territory, and Norfolk Island. It does not apply to the States or the Northern Territory. The Act applies to acts or practices done or engaged in by or on behalf of the Commonwealth, under an enactment, or wholly within a Territory other than the Northern Territory, or partly within such a Territory. The Act also applies to functions conferred on the Commission by any other enactment, any functions conferred on the Commission pursuant to any arrangement in force under section 11, and any functions conferred on the Commission by any State Act or Northern Territory enactment, being functions that are declared by the Minister, by notice published in the Gazette, to be complementary to other functions of the Commission. The Commission may work with and consult appropriate non-governmental organizations for the purpose of the performance of its functions. The Commission may also make an examination or hold an inquiry in such manner as it thinks fit, and is not bound by the rules of evidence. The Commission has the power to authorize a prescribed person to conduct an inquiry or investigation on its behalf. The Commission may require a person to furnish information, produce documents, or give evidence, on oath or affirmation. The Commission has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions. The Commission may establish consultative committees with the approval of the Minister. The Commission is not liable to an action or other proceeding for damages for or in relation to an act done or omitted to be done in good faith in performance or purported performance of any function, or in exercise or purported exercise of any power or authority, conferred on the Commission. The Act extends to every external Territory. The Act binds the Crown in right of the Commonwealth and of Norfolk Island but does not bind the Crown in right of a State or of the Northern Territory. The Act ceases to be in force at the expiration of 5 years after the date of commencement of the Act, unless sooner repealed.

Key Provisions

• The Human Rights Commission Act 1981 establishes a Commission tasked with examining enactments and proposed enactments to determine whether they are consistent with human rights, as well as investigating acts or practices that may be inconsistent with human rights. The Commission has the power to inquire into such matters, endeavour to settle disputes, and make recommendations to the Minister. The Act also provides for the appointment of a Chairman and Deputy Chairman, as well as other members, who are responsible for administering the affairs of the Commission and performing its functions. The Commission has the power to make examinations or hold inquiries in any manner it sees fit, and it may authorize a prescribed person to conduct an inquiry or investigation on its behalf. The Commission is required to give an opportunity for making submissions to the person whose act or practice is being investigated, and it must report its findings and recommendations to the Minister. The Commission is also responsible for promoting an understanding and acceptance of human rights in Australia and undertaking research and educational programs to promote human rights. The Act imposes obligations on the Commission to examine and report on the consistency of enactments and proposed enactments with human rights, and to report on actions needed to comply with international human rights instruments. It also imposes obligations on the Commission to perform its functions in accordance with the provisions of the Act and to consult with appropriate non-governmental organizations.
• The Act imposes penalties for offences related to insulting, hindering, obstructing, molesting, or interfering with a member of the Commission or a prescribed person participating in an inquiry or examination by the Commission. It also imposes penalties for refusing to employ a person, dismissing or threatening to dismiss a person from employment, prejudicing or threatening to prejudice a person in their employment, or intimidating or coercing a person on the basis of their involvement with the Commission. The Act protects the Commission, its members, and authorized persons from civil liability for actions taken in good faith in the performance or purported performance of their functions.
• The Act provides for the declaration of international human rights instruments, including the International Covenant on Civil and Political Rights, the Declaration of the Rights of the Child, the Declaration on the Rights of Mentally Retarded Persons, and the Declaration on the Rights of Disabled Persons. These declarations are considered relevant international instruments for the purposes of the Act. The Act also allows for the making of regulations to prescribe matters necessary or convenient for carrying out or giving effect to the Act. The Act will cease to be in force five years after its commencement unless sooner repealed.

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Area of Law

Human Rights Law

Instrument

Act

Concepts

Definitions & Interpretation

Commencement Provisions

Repeal & Amendment

Delegated & Subordinate Legislation

Offence Provisions

Consultation Requirements

Regulatory Standards