Racial Discrimination Amendment Act 1980

Administered by Attorney-General's Department

Legislation au C2004A02219 Not in force Act

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No. 18 of 1980

An Act to amend the Racial Discrimination Act 1915

[Assented to 23 April 1980]

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Racial Discrimination Amendment Act 1980.

(2) The Racial Discrimination Act 1975 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which the Human Rights Commission Act 1980 comes into operation.

Interpretation

3. Section 3 of the Principal Act is amended by inserting in sub-section (1), after the definition of “employment”, the following definition:

“Human Rights Commission’ means the Human Rights Commission established by the Human Rights Commission Act 1980;”.

Functions of Commission

4. Section 20 of the Principal Act is amended by omitting “The functions of the Commissioner are” and substituting “In addition to the functions of the Human Rights Commission under the Human Rights Commission Act 1980, that Commission has the following functions:”.

5. After section 20 of the Principal Act the following section is inserted:

Function of Commissioner

“20a. (1) Except where the office of Commissioner is vacant or the Commissioner is absent from duty or from Australia, the function of the Human Rights Commission under paragraph 20(a) shall be performed by the Commissioner on behalf of that Commission.

“(2) In the performance of a function on behalf of the Human Rights Commission, the Commissioner is subject to the directions of the Human Rights Commission.

“(3) In relation to the performance of a function by the Commissioner on behalf of the Human Rights Commission in pursuance of this section—

(a) in section 21, references to the Human Rights Commission other than the reference in paragraph (1) (a) and the reference first occurring in paragraph (2) (c) shall be construed as references to the Commissioner; and

(b) in section 22—

(i) the reference to the Human Rights Commission first occurring in sub-section (1) and the reference to a member of that Commission in sub-section (1) shall be construed as including a reference to the Commissioner; and

(ii) the reference to a person appointed by that Commission in sub-section (1) shall be construed as including a reference to a person appointed by the Commissioner.”.

Inquiries by the Commission

6. Section 21 of the Principal Act is amended—

(a) by omitting “Commissioner” (wherever occurring) and substituting “Human Rights Commission”;

(b) by omitting “he” from sub-sections (2) and (3) and substituting “the Human Rights Commission”;

(d) by omitting “his” from sub-section (3) and substituting “that”.

Compulsory conferences

7. Section 22 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-sections:

“(1) For the purpose of inquiring into an act, or endeavouring to settle the matter to which an act relates, in accordance with sub-section 21 (1), the Human Rights Commission may direct the persons referred to in sub-section (2) of this section to attend, at a time and place specified in the direction, at a conference presided over by a member of that Commission, by a member of the staff of that Commission or by a person appointed by that Commission.

“(1a) In relation to the performance, in a particular case, by a conciliation committee of a function of the Human Rights Commission under paragraph 20 (a), sub-section (1) of this section has effect as if the reference to a conference presided over by a member of that Commission, by a member of the staff of that Commission or by a person appointed by that Commission were a reference to a conference presided over by a member of that conciliation committee.”;

(b) by omitting from paragraph (a) of sub-section (2) “to the Commissioner” and substituting “under this Act”; and

Conciliation committees

8. Section 23 of the Principal Act is amended by omitting “Commissioner” (wherever occurring) and substituting “Human Rights Commission”.

Civil proceedings

9. Section 24 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-section:

“(3) A proceeding shall not be instituted under this section in respect of an act unless the person aggrieved has received, before the institution of the proceeding, a certificate signed by a member of the Human Rights Commission or by the Commissioner stating that—

(a) a member of the Human Rights Commission, the Commissioner, a member of a conciliation committee, a member of the staff of the Human Rights Commission, an officer or employee of the Commissioner or a person appointed by the Human Rights Commission or by the Commissioner has presided over a conference under sub-section 22(1) in respect of the act and has endeavoured to settle the matter to which the act relates; or

(b) by reason of the failure of a person who has been given a direction under sub-section 22(1) to comply with the direction, such a conference has not been able to be held,

and that at the date of the certificate the matter has not been settled.”.

Offences relating to administration of Act

10. Section 27 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) A person shall not insult, hinder, obstruct, molest or interfere with a person exercising or performing any of the powers or functions referred to in sections 21 and 22 of this Act.”; and

(b) by omitting paragraphs (e) and (f) of sub-section (2) and substituting the following paragraphs:

“(e) has made, or proposes to make, a complaint under this Act;

“(f) has furnished, or proposes to furnish, any information or documents to a person exercising or performing any powers or functions under this Act; or”.

Establishment and functions of Council

11. Section 28 of the Principal Act is amended by omitting from sub-section (2) “Commissioner” (wherever occurring) and substituting “Human Rights Commission”.

Staff of Commissioner

12. Section 38 of the Principal Act is repealed.

13. Section 40 of the Principal Act is repealed and the following section substituted:

Delegation

“40. (1) The Human Rights Commission may, either generally or otherwise as provided by the instrument of delegation, by writing under its seal, delegate to a member of its staff, or to another person, all or any of the powers conferred on that Commission under this Act, except this power of delegation.

“(2) The Commissioner may, either generally or otherwise as provided by the instrument of delegation, by writing signed by him, delegate to a member of the staff of the Human Rights Commission approved by the Commission, or to another person approved by that Commission, all or any of the powers exercisable by him under this Act, except this power of delegation.

“(3) A power delegated by the Human Rights Commission under sub-section (1) or by the Commissioner under sub-section (2), when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Human Rights Commission or by the Commissioner, as the case may be.

“(4) A delegation under this section by the Human Rights Commission or by the Commissioner does not prevent the exercise of a power by the Human Rights Commission or by the Commissioner.”.

14. After section 44 of the Principal Act the following section is inserted:

Protection of complainants from civil actions

“44a. Where a complaint has been made under this Act, a person is not liable to an action, suit or proceeding in respect of loss, damage or injury of any kind suffered by another person by reason only that the complaint was made.”.

15. After section 45 of the Principal Act the following section is inserted:

Commissioner to furnish information

“45a. The Commissioner shall furnish to the Human Rights Commission such information relating to his operations under this Act as the Human Rights Commission from time to time requires.”.

Annual report

16. Section 46 of the Principal Act is repealed.

Additional amendments

17. The Principal Act is amended as set out in the Schedule.

SCHEDULE Section 17

ADDITIONAL AMENDMENTS

Provision	Amendment
Sub-section 3(1)..........	Omit the definition of “Territory”.
Sub-section 3(2)..........	Omit “Australia” (last occurring), substitute “the Commonwealth”.
Section 4..............	Omit “except Papua New Guinea”.
Section 6..............	(a) Omit “Australia and each State”, substitute “the Crown in right of the Commonwealth and of each State”.
Section 6..............	(b) Omit “Australia or a State”, substitute “the Crown in right of the Commonwealth or of a State”.
Section 10.............	Omit “Australia”, substitute “the Commonwealth”.
Sub-section 22(3).........	Omit “Australia”, substitute “the Commonwealth”.
Sub-section 45(2).........	Omit “Australia”, substitute “the Commonwealth”.

Overview

The Racial Discrimination Amendment Act 1980 is an amendment to the Racial Discrimination Act 1975, aimed at addressing gaps in the legislative framework for combating racial discrimination. Enacted by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, this Act introduces amendments to the Principal Act to align it with the establishment of the Human Rights Commission under the Human Rights Commission Act 1980. The primary objective of the Act is to enhance the mechanisms for addressing racial discrimination by empowering the Human Rights Commission with additional functions and ensuring that the Commission's role in conciliation and inquiries is clearly defined and executed effectively. The Act also seeks to provide greater protection for complainants and ensure that the administration of the Act is carried out without interference, thereby strengthening the overall framework for combating racial discrimination in Australia.

Scope and Application

The Racial Discrimination Amendment Act 1980 amends the Racial Discrimination Act 1975 to integrate the functions of the Human Rights Commission under the Human Rights Commission Act 1980. The Act applies to individuals and entities within the Commonwealth of Australia, aiming to address racial discrimination by enhancing the powers and functions of the Human Rights Commission. The Act applies to any conduct or transactions involving racial discrimination across the Commonwealth, and its provisions extend to all states and territories of Australia. The Act includes specific amendments to the Principal Act, such as modifying the definition of terms, reallocating functions of the Human Rights Commission, and altering the process for civil proceedings related to racial discrimination. While the Act provides for the delegation of powers by the Human Rights Commission and the Commissioner, it does not specify any exclusions or exemptions from its application. The scope of the Act is further extended through subordinate instruments, which may provide additional details or clarifications to the provisions outlined in the primary legislation.

Key Provisions

The Racial Discrimination Amendment Act 1980 (C2004A02219) makes several significant changes to the Racial Discrimination Act 1975 (Principal Act). The primary amendments involve the integration of the Human Rights Commission, established under the Human Rights Commission Act 1980, into the functions and procedures of the Principal Act. Section 3 introduces a new definition for "Human Rights Commission," while Section 4 modifies Section 20 of the Principal Act to outline the additional functions of the Commission. Under Section 5, the Commissioner is tasked with performing the Commission's functions, subject to its directions. This change is further detailed in Sections 6 and 7, which amend Sections 21 and 22 to reflect the new roles and procedures for inquiries and compulsory conferences, now overseen by the Human Rights Commission rather than the Commissioner. The Act imposes specific obligations on the Human Rights Commission and the Commissioner, primarily concerning the handling of complaints and the facilitation of conciliation. Section 9 mandates that civil proceedings cannot be instituted unless a certificate from the Human Rights Commission or the Commissioner confirms that all reasonable attempts to settle the matter have been made. Additionally, Sections 10 and 11 modify Sections 27 and 28 of the Principal Act to reflect the Commission's role in the administration of the Act and its interaction with the Council. Sections 12 and 13 repeal and replace Sections 38 and 40, allowing for the delegation of powers by the Commission and the Commissioner, respectively, while ensuring that such delegations do not impede the exercise of those powers by the Commission or the Commissioner. Section 14 introduces Section 44a, protecting complainants from civil actions arising from complaints made under the Act, ensuring that complainants cannot be held liable for any damages resulting solely from the act of making a complaint. Section 15 adds Section 45a, requiring the Commissioner to provide the Commission with information related to his operations under the Act as needed. Lastly, Section 16 repeals Section 46, which dealt with the annual report. The offences under Section 10 of the Act prohibit actions that hinder or interfere with the exercise of powers or functions by those involved in the administration of the Act, with potential consequences including civil or criminal penalties, although the specific penalties are not detailed within the provided text.

Area of Law: Human Rights Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Offence Provisions; Delegated & Subordinate Legislation; Rights & Protections

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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