Human Rights Legislation Amendment Act 2017
No. 32, 2017
Compilation No. 1
Compilation date: 1 September 2021
Includes amendments up to: Act No. 13, 2021
Registered: 3 November 2021
About this compilation
This compilation
This is a compilation of the Human Rights Legislation Amendment Act 2017 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 2—Amendment of the Australian Human Rights Commission Act 1986
Australian Human Rights Commission Act 1986
Schedule 3—Amendment of the Native Title Act 1993
Native Title Act 1993
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act to amend legislation relating to human rights, and for other purposes
1 Short title
This Act is the Human Rights Legislation Amendment Act 2017.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The day after this Act receives the Royal Assent. | 13 April 2017 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be…
Overview
The Human Rights Legislation Amendment Act 2017 (C2017A00032) was enacted to address gaps and problems in the existing human rights framework by amending the Australian Human Rights Commission Act 1986 and the Native Title Act 1993. This Act was passed by the Australian Parliament and aims to enhance the capacity of the Australian Human Rights Commission (AHRC) to handle complaints more effectively and to improve the reporting mechanisms concerning human rights and discrimination. The Act seeks to streamline the processes within the AHRC, ensuring that complaints are dealt with more efficiently and that reports to the Minister are more focused on actionable insights regarding human rights issues, including those affecting Aboriginal and Torres Strait Islander peoples and children.
Scope and Application
The Human Rights Legislation Amendment Act 2017 primarily applies to the Australian Human Rights Commission Act 1986 and the Native Title Act 1993, making amendments to enhance the functions and procedures of the Australian Human Rights Commission (AHRC) in handling complaints related to human rights. The Act applies to the President and members of the AHRC, as well as to any person lodging a complaint or being the subject of a complaint under the amended Acts. The jurisdictional reach of this Act is national, as it pertains to federal legislation and the powers of the Commonwealth. The Act does not explicitly state any exclusions or exemptions, but it does refine the procedures for handling complaints, including the criteria for terminating complaints and the powers of the President in dealing with complaints. The Act also extends to reports that can be submitted by the Commissioner and the National Children’s Commissioner regarding the enjoyment and exercise of human rights by specific groups, such as Aboriginal and Torres Strait Islanders and children in Australia. The Act commenced on 13 April 2017, with specific provisions applying to complaints lodged or inquiries begun after the relevant commencement dates specified within the amendments.
Key Provisions
- The Human Rights Legislation Amendment Act 2017 amends several pieces of legislation, primarily the Australian Human Rights Commission Act 1986 and the Native Title Act 1993. The key changes include redefining terms, altering the powers and functions of the Australian Human Rights Commission, and modifying the procedures for handling complaints of unlawful discrimination and systemic practices. For example, the Act specifies that "alleged acts, omissions or practices" in relation to a complaint are those acts, omissions, or practices alleged in the complaint itself (item 1). It also mandates that the Commission act fairly and expeditiously in dealing with complaints, particularly those alleging unlawful discrimination, and strive to resolve them within 12 months (items 9 to 12 and 4 to 7). Furthermore, the President of the Commission is now explicitly required to act fairly in dealing with complaints (item 6).
- These amendments impose certain obligations on the Australian Human Rights Commission and its President. The Commission must cooperate with its members to achieve common objectives (item 3), and the President must exercise specific powers directly (item 4). The Commission is also tasked with inquiring into acts or practices that may be inconsistent with or contrary to human rights and attempting to settle related matters through conciliation (item 6). Additionally, the President must consider whether to inquire into a complaint, terminate it if appropriate, and act expeditiously and fairly in handling complaints (items 36 to 41). These obligations are intended to ensure that the Commission operates efficiently and fairly in its pursuit of human rights.
- The Act also outlines various offences and penalties for non-compliance. Notably, failure to comply with a notice to attend a conference presided over by the President is an offence, carrying a penalty of 10 penalty units (item 45). This is an offence of strict liability, meaning that the person's intent or state of mind is irrelevant (item 46). Additionally, the Act specifies that certain statements made during conciliation proceedings are not admissible in evidence in subsequent proceedings (item 48).
- In summary, the Human Rights Legislation Amendment Act 2017 brings significant changes to the Australian Human Rights Commission's operations, emphasizing fairness, efficiency, and the President's direct involvement in handling complaints. These changes aim to strengthen the Commission's ability to protect human rights effectively.
- Area of Law
- Human Rights Law
- Indigenous Peoples & Native Title Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Reporting & Disclosure Obligations
- Enforcement Powers
- Prohibited Conduct
