Summary

The Australian Human Rights Commission promotes and protects human rights in Australia through:

• resolving complaints of discrimination or breaches of human rights under federal laws

• holding public investigations into human rights issues of national importance

• developing human rights education programs and resources for schools, workplaces and the community

• providing independent legal advice to assist courts in cases that involve human rights principles

• providing advice and submissions to parliaments and governments to develop laws, policies and programs

• undertaking and coordinating research into human rights and discrimination issues.

The Commission collaborates with other government agencies, the business community, the non-government sector and individuals to fulfil its role. Additionally, the Commission works closely with other national human rights institutions, particularly through the Asia Pacific Forum of National Human Rights Institutions to address major human rights issues in the region and undertakes bilateral activities as part of the Australian Government's development program.

Abolition

Creation

The Australian Government established the Human Rights and Equal Opportunity Commission on 10 December 1986 in accordance with the Human Rights and Equal Opportunity Commission Act No. 125 of 1986. The short title of the agency is Human Rights Australia. This agency took over the functions of the Human Rights Commission, established under the Human Rights Commission Act 1981, which was repealed in 1986.

Functions and activities

The Australian Humar Rights Commission’s functions under the AHRC Act include:

• to inquire into, and attempt to conciliate, complaints of unlawful discrimination

• inquire into any act or practice that may be inconsistent with or contrary to any human right, and to give effect to settlement of such matters by way of conciliation where the Commission considers it appropriate to do so

• to deal with complaints made to the Commission under the AHRC Act

• to promote an understanding and acceptance, and the public discussion, of human rights in Australia

• to undertake and coordinate research and educational programs on behalf of the Commonwealth to promote human rights

• to report to the Minister as to the laws that should be made by the Parliament, or action that should be taken by the Commonwealth, on matters relating to human rights

• examine enactments, proposed enactments and or international instruments for determining consistency with human rights and international instruments

• to prepare, and to publish guidelines for the avoidance of acts or practices of a kind in respect of which the Commission has a function

• where the Commission considers it appropriate to do so, with the leave of the court hearing the proceedings and subject to any conditions imposed by the court, to intervene in proceedings that involve human rights issues

• to inquire into, and make determinations, on matters referred to it by the Race Discrimination Commissioner or the Minister. 

Legislation administered

The Australian Human Rights Commission is a body corporate established by the Australian Human Rights Commission Act 1986 (AHRC Act). As such, under the Public Governance, Performance and Accountability Act 2013 (Cth), The Commission is a Corporate Commonwealth Entity.

It is the duty of The Commission under their establishing legislation, the AHRC Act, to ensure that their statutory functions are performed efficiently and with the greatest possible benefit to the people of Australia 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 AHRC Act defines ‘human rights’ by reference to the following international instruments:

• International Covenant on Civil and Political Rights

• Convention on the Rights of the Child

• Declaration of the Rights of the Child

• Convention on the Rights of Persons with Disabilities

• Declaration on the Rights of Disabled Persons

• Declaration on the Rights of Mentally Retarded Persons

• Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief

• Convention Concerning Discrimination in Respect of Employment and Occupation

On establishment, the Human Rights and Equal Opportunity Commission administered three Acts of the Federal Parliament:

• The Human Rights and Equal Opportunity Act 1986

• The Racial Discrimination Act 1975

• The Sex Discrimination Act 1984

This legislation embodies Australia's responses to its obligations under International Labour Organisation Convention 111 and several other international instruments to which Australia is a party. 

The Commission subsequently became responsible for complaints under:

• The Privacy Act 1988, and

• The Disability Discrimination Act 1992.

The Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 changed the name of the Human Rights and Equal Opportunity Commission Act 1986 to the Australian Human Rights Commission Act 1986 and made some changes to the procedure for complaints of unlawful discrimination brought under that Act

Administrative structure

The Commission is a collegiate body made up of a President and seven Commissioners. The President is responsible for managing the administrative affairs of the Commission and is the accountable authority of the Commission. The President delegates some of their powers to the Chief Executive and other staff. The Commission consists of a President, the Human Rights Commissioner, the Race Discrimination Commissioner and the Sex Discrimination Commissioner. The President is appointed by the Governor-General as a part-time member.

• The Human Rights Commissioner is responsible for human rights embodied in five of the international instruments to which Australia is a party. His responsibilities include:

• 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

• The Declaration on the Rights of Disabled Persons

Convention 111 of the International Labour Organisation Concerning Discrimination in Respect of Employment and Occupatio

In administering the Racial Discrimination Act 1975, the Race Discrimination Commissioner exercises certain statutory powers of inquiry, conciliation and settlement on behalf of the Commission. The Racial Discrimination Act gives effect to certain provisions of the International Convention on the Elimination of all Forms of Discrimination. The Sex Discrimination Act gives effect to certain provisions of the International Convention on the Elimination of all Forms of Discrimination Against Women.

The Office of the Privacy Commissioner was established on 1 January 1989 as a Branch of the Human Rights and Equal Opportunity Commission when the Privacy Act 1988 came into effect. In 1990 The Privacy Act was amended to regulate the consumer credit reporting industry and subsequently acquired functions under several other Acts.

In 1990 the Office was given the power to investigate breaches of part V11C of the Crimes Act 1914. This part of the Act established the Commonwealth ‘Spent Convictions Scheme’. The Office was also required to provide advice to the Attorney General in relation to exemptions under the scheme.

On 1st July 2000 a new Office of the Privacy Commissioner was established by the Federal Parliament.  This enactment had the effect of removing the Privacy functions from the Human Rights and Equal Opportunity Commission and creating a separate statutory Office of the Privacy Commissioner. Complaints under Federal Law in New South Wales, Victoria, South Australia and Western Australia are handled on the Commission's behalf by the New South Wales Anti-Discrimination Board and by the Equal Opportunity Commissioners in the other states.

Historical agency address

The Commission's national office is in Sydney and regional offices were established in Brisbane, Hobart and Darwin. 

State/regional structure

Records created by the agency

Additional information

End notes

Sources

About | Australian Human Rights Commission

Australian Human Rights Commission - Wikipedia

Australian Human Rights Commission | Directory

Annual Report 2022-23 | Australian Human Rights Commission

Corporate Plan 2024-2025 | Australian Human Rights Commission

Commonwealth of Australia Act No. 125, Human Rights and Equal

Opportunity Act 1986

Human Rights Australia. Newsletter of the Human Rights and Equal

Opportunity Commission, Vol. 1 No. 1, Feb 1988

Your Guide to the Human Rights and Equal Opportunity Commission.

Human Rights Australia pamphlet