Australian Human Rights Commission Act 1986
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short title
This Act may be cited as the Australian Human Rights Commission Act 1986.
Section 2 — Commencement
This Act shall come into operation on a day to be fixed by Proclamation.
Section 3 — Interpretation
(1) In this Act, unless the contrary intention appears: Aboriginal person means a person of the Aboriginal race of Australia. ACIC means the agency known as the Australian Criminal Intelligence…
Section 4 — Operation of State and Territory laws
(1) This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act. (2) If: (a) a law of a State or Territory…
Section 5 — Extension to external Territories
This Act extends to every external Territory.
Section 6 — Extent to which Act binds the Crown
(1) This Act binds the Crown in right of the Commonwealth but, except as otherwise expressly provided by this Act, does not bind the Crown in right of a State. (1A) Part IIB binds the Crown in right…
Section 6A — Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Section 7 — Australian Human Rights Commission
(1) There is established by this Act a Commission by the name of the Australian Human Rights Commission. (2) The Commission: (a) is a body corporate, with perpetual succession; (b) shall have a…
Section 8 — Constitution of Commission
(1) The Commission shall consist of: (a) a President; and (b) a Human Rights Commissioner; and (c) the Race Discrimination Commissioner; and (ca) the Aboriginal and Torres Strait Islander Social…
Section 8A — The President
(1) The President is to be appointed by the Governor-General as a full-time member or a part-time member. (1A) A person must not be appointed under subsection (1) as the President unless the Minister…
Section 8B — The Human Rights Commissioner
(1) The Human Rights Commissioner is to be appointed by the Governor-General as a full-time member. (2) A person must not be appointed under subsection (1) as the Human Rights Commissioner unless the…
Section 9 — Arrangement for appointment of the holder of a judicial office of a State
(1) The Governor-General may, for the purpose of appointing to the Commission a person who is the holder of a judicial office of a State, enter into such arrangement with the Governor of that State…
Section 10 — Appointment of Judge as member not to affect tenure etc.
(1) The appointment of the holder of a judicial office as a member, or service by the holder of a judicial office as a member, does not affect the person’s tenure of that judicial office or the…
Section 10A — Duties of Commission
(1) It is the duty of the Commission to ensure that the functions of the Commission under this or any other Act are performed: (a) with regard for: (i) the indivisibility and universality of human…
Section 11 — Functions of Commission
(1) The functions of the Commission are: (a) such functions as are conferred on the Commission by the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination…
Section 13 — Powers of Commission
The Commission has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.
Section 14 — Form of examinations or inquiries to be at discretion of Commission etc.
(1) For the purpose of the performance of its functions, the Commission may make an examination or hold an inquiry in such manner as it thinks fit and, in informing itself in the course of an…
Section 15 — Commission may engage in consultations
For the purposes of the performance of its functions, the Commission may work with and consult appropriate persons, governmental organisations and non-governmental organisations.
Section 16 — Inter-governmental arrangements
(1) The Minister may make an arrangement with a Minister of a State for or in relation to: (a) the performance on a joint basis of any functions of the Commission; (b) the performance by that State…
Section 18 — Declarations by Minister
Where the Minister is satisfied that a function expressed to be conferred on the Commission by a State enactment could conveniently be performed by the Commission, the Minister may, by notice in…
Section 19 — Delegation
(1) The Commission may, by writing under its common seal, delegate to a member of the Commission, a member of the staff of the Commission or another person or body of persons all or any of the powers…
Section 19A — Division applies to victimisation offences
In this Division, a reference to an act or practice that is inconsistent with or contrary to any human right includes a reference to an act that is an offence under subsection 26(2).
Section 20 — Performance of functions relating to human rights
(1) Subject to subsection (2), the Commission shall perform the functions referred to in paragraph 11(1)(f) when: (a) the Commission is requested to do so by the Minister; or (b) a complaint is made…
Section 20A — Reports to the Minister
If: (a) the Commission has inquired into an act or practice that may be inconsistent with or contrary to any human right; and (b) the Commission is of the opinion that the act or practice is…
Section 21 — Power to obtain information and documents
(1) Where the Commission has reason to believe that a person is capable of giving information or producing documents relevant to a matter under examination or inquiry under this Division, a member…
Section 22 — Power to examine witnesses
(1) A member may administer an oath or affirmation to a person required to attend before the member pursuant to section 21 and may examine the person on oath or affirmation. (2) The oath or…
Section 23 — Failure to comply with requirement
(1) A person shall not refuse or fail: (a) to be sworn or make an affirmation; or (b) to give information or produce a document; when so required under this Act. Penalty: 10 penalty units. (2) A…
Section 24 — Disclosure of information or contents of documents
(1) Where the Attorney-General furnishes to the Commission a certificate certifying that the giving to the Commission, or to a person acting for or on behalf of the Commission, of information…
Section 26 — Offences relating to administration of Act
(1) A person shall not hinder, obstruct, molest or interfere with: (a) a member participating in an inquiry or examination under this Act; or (b) a person acting for or on behalf of the Commission,…
Section 27 — Commission to give opportunity for making of submissions
Where it appears to the Commission as a result of an inquiry into an act or practice that the act or practice is inconsistent with or contrary to any human right, the Commission shall not furnish a…
Section 28 — Nature of settlements
The Commission shall, in endeavouring to effect a settlement of a matter that gave rise to an inquiry, have regard to the need to ensure that any settlement of the matter reflects a recognition of…
Section 29 — Reports to contain recommendations
(1) Where, after an examination of an enactment or proposed enactment, the Commission finds that the enactment is, or the proposed enactment would be, inconsistent with or contrary to any human…
Section 30 — Interpretation etc.
(1) In this Division: act includes an act done: (a) by or on behalf of a State or an authority of a State; (b) under a law of a State; (c) wholly within a State; or (d) partly within a State, to the…
Section 31 — Functions of Commission relating to equal opportunity
The following functions are hereby conferred on the Commission: (a) to examine enactments, and (when requested to do so by the Minister) proposed enactments, for the purpose of ascertaining whether…
Section 32 — Performance of functions relating to equal opportunity
(1) Subject to subsections (2) and (3), the Commission shall perform the functions referred to in paragraph 31(b) when: (a) the Commission is requested to do so by the Minister; or (b) a complaint is…
Section 32A — Reports to the Minister
If: (a) the Commission has inquired into an act or practice (whether a systemic practice or otherwise) that may constitute discrimination; and (b) the Commission is of the opinion that the act or…
Section 33 — Application of certain provisions of Division 3
Subsections 20(3), (4) and (5) and sections 21, 22, 23, 24, 26 and 27 apply in relation to the functions of the Commission set out in section 31, and in relation to the performance of those…
Section 34 — Nature of settlements
The Commission shall, in endeavouring to effect a settlement of a matter that gave rise to an inquiry, have regard to the need to ensure that any settlement of the matter reflects a recognition of…
Section 35 — Reports to contain recommendations
(1) Where, after an examination of an enactment or proposed enactment, the Commission finds that the enactment has, or the proposed enactment would have, the effect of nullifying or impairing…
Section 35A — Functions of Commission relating to positive duty in relation to sex discrimination
The following functions are conferred on the Commission: (a) to prepare, and to publish in such manner as the Commission considers appropriate, guidelines for complying with the positive duty in…
Section 35AA — Performance of functions relating to positive duty in relation to sex discrimination
In performing its functions under section 35A, the Commission must have regard to: (a) the need for guidelines and other materials to be available in multiple languages; and (b) the cultural…
Section 35B — Performance of inquiry function relating to positive duty in relation to sex discrimination
(1) The Commission may inquire into a person’s compliance with the positive duty in relation to sex discrimination if the Commission reasonably suspects that the person is not complying. (2) The…
Section 35C — Commission to notify person and give opportunity for making of submissions
(1) As soon as practicable after commencing an inquiry into a person’s compliance with the positive duty in relation to sex discrimination, the Commission must give the person a written notice…
Section 35D — Application of certain provisions of Division 3
Sections 21, 22, 23 and 24 and subsection 26(1) apply in relation to the functions of the Commission set out in section 35A, and in relation to the performance of those functions, as if: (a)…
Section 35E — Notification of findings and recommendations
If, as a result of an inquiry into a person’s compliance with the positive duty in relation to sex discrimination, the Commission finds that the person is not complying, the Commission: (a) must…
Section 35F — Giving of compliance notice
(1) If, as a result of an inquiry into a person’s compliance with the positive duty in relation to sex discrimination, the Commission finds that the person is not complying, the President may give…
Section 35G — Reconsideration of compliance notice
President must reconsider compliance notice if requested (1) A person to whom a compliance notice is given may request the President to reconsider the compliance notice. (2) The request must: (a) be…
Section 35H — Review of compliance notice
(1) A person who has been given a compliance notice may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for a review of the notice on either or both of…
Section 35J — Enforcement of compliance notice
(1) The President may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order under subsection (2) if: (a) a person has been given a compliance…
Section 35K — Enforceable undertakings
Enforceable provision (1) Section 47C of the Sex Discrimination Act 1984 is enforceable under Part 6 of the Regulatory Powers Act. Note 1: Part 6 of the Regulatory Powers Act creates a framework for…