Australian Human Rights Commission Act 1986
Sections and provisions with full text and the judgments that cite each one.
Section 35L — Functions of Commission relating to systemic discrimination
(1) The following functions are conferred on the Commission: (a) to inquire into any matter that may relate to systemic unlawful discrimination or suspected systemic unlawful discrimination; (b) to…
Section 35M — Performance of functions relating to systemic discrimination
The Commission may perform the functions referred to in paragraph 35L(1)(a) when: (a) the Commission is requested to do so by the Minister; or (b) it appears to the Commission to be desirable to do…
Section 35N — 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 35L, and in relation to the performance of those functions, as if: (a)…
Section 35P — Commission to give opportunity for making of submissions
In an inquiry into a matter under this Division, the Commission must not make an adverse finding about a person unless it has given a reasonable opportunity to the person, to do, at the option of the…
Section 35Q — Reports
(1) If the Commission has undertaken an inquiry into a matter under this Division, the Commission may do either or both of the following: (a) report to the Minister in relation to the inquiry; (b)…
Section 36 — Acting President and Human Rights Commissioner
(2) The Minister may appoint a person to act as President: (a) during a vacancy in the office of President, whether or not an appointment has previously been made to the office; or (b) during any…
Section 37 — Terms and conditions of appointment
(1) Subject to subsection (2) or (3), an appointed member holds office for such period as is specified in the instrument of the member’s appointment, but is eligible for re-appointment. (2) A person…
Section 38 — Remuneration and allowances
(1) Subject to this section, an appointed member shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in…
Section 39 — Leave of absence
(1) A person appointed as a full-time member has such recreation leave entitlements as are determined by the Remuneration Tribunal. (1A) The Minister may grant a person appointed as a full-time…
Section 40 — Resignation
An appointed member may resign from the office of member by writing signed by the member and delivered to the Governor-General.
Section 41 — Termination of appointment
(1) The Governor-General may terminate the appointment of a member by reason of misbehaviour or physical or mental incapacity. (2) If: (a) a member becomes bankrupt, applies to take the benefit of…
Section 43 — Staff
(1) The staff necessary to assist the Commission shall be persons engaged under the Public Service Act 1999. (2) For the purposes of the Public Service Act 1999: (a) the President and the APS…
Section 43A — Commission may make administrative services available to the Information Commissioner
The Commission may make administrative services available to the Information Commissioner for the purpose of assisting the Information Commissioner in the performance of his or her functions under…
Section 44 — Meetings of the Commission
(1) The Minister or the President may, at any time, convene a meeting of the Commission. (2) The President shall convene such meetings of the Commission as, in the President’s opinion, are necessary…
Section 44A — Money payable to the Commission
(1) There is payable to the Commission such money as is appropriated by the Parliament for the purposes of the Commission. (2) The Finance Minister may give directions about the amounts in which, and…
Section 44B — Application of money by the Commission
(1) The money of the Commission is to be applied only: (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commission in the performance of its functions and the…
Section 44C — Taxation
The Commission is not subject to taxation under a law of the Commonwealth or of a State or Territory. Note: However, the Commission may be subject to taxation under certain laws (see, for example,…
Section 45 — Annual report
The annual report prepared by the President and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must cover the Commission’s…
Section 46 — Reports to be tabled in Parliament
The Minister shall cause a copy of every report furnished to the Minister by the Commission under this Part (other than section 20A, subsection 29(5), section 32A or subsection 35Q(1)) to be laid…
Section 46A — Interpretation
In this Part: Commissioner means the Aboriginal and Torres Strait Islander Social Justice Commissioner. human rights means: (a) the rights and freedoms recognised by the International Convention on…
Section 46AA — Corporate plan
In performing its duties and functions, the Commission must take account of the corporate plan prepared by the President under section 35 of the Public Governance, Performance and Accountability Act…
Section 46MA — National Children’s Commissioner
There is to be a National Children’s Commissioner.
Section 46PA — Amendment of complaint
(1) Any complainant may at any time amend the complaint, with the leave of the President. (2) Subsection (1) does not, by implication, limit any other power to amend the complaint.
Section 46PKA — Things said in conciliation are not admissible in evidence in certain proceedings
(1) Evidence of anything said or done by a person in the course of the conciliation of a complaint in accordance with section 46PF is not admissible in any proceedings relating to the alleged acts,…
Section 46POA — Conditions for making a representative application
(1) A representative application may not be made without the written consent of each person on whose behalf the application is made (other than the person making the application). (2) A…
Section 46PSA — Costs
Scope (1) This section applies to proceedings (including an appeal) in a court that relate to an application made by a person (the applicant) under section 46PO in respect of one or more respondents…
Section 46B — Aboriginal and Torres Strait Islander Social Justice Commissioner
(1) There is to be an Aboriginal and Torres Strait Islander Social Justice Commissioner, who is to be appointed by the Governor-General. (2) A person must not be appointed under subsection (1) as the…
Section 46MB — Functions of Commission that are to be performed by the National Children’s Commissioner etc.
(1) The following functions are conferred on the Commission: (b) to promote discussion and awareness of matters relating to the human rights of children in Australia; (c) to undertake research, or…
Section 46PB — Conditions for lodging a representative complaint
(1) A representative complaint may be lodged under section 46P only if: (a) the class members have complaints against the same person; and (b) all the complaints are in respect of, or arise out of,…
Section 46POB — Additional rules applying to representative applications
Separate applications may not be made (1) A person on whose behalf a representative application is made is not entitled to make a separate application under subsection 46PO(1) in respect of the same…
Section 46C — Functions of the Commission that are to be performed by the Commissioner etc.
(1) The following functions are conferred on the Commission: (b) to promote discussion and awareness of human rights in relation to Aboriginal persons and Torres Strait Islanders; (c) to undertake…
Section 46MC — Appointment of National Children’s Commissioner
(1) The National Children’s Commissioner is to be appointed by the Governor-General by written instrument, on a full-time basis. (2) A person must not be appointed under subsection (1) as the…
Section 46PC — Additional rules applying to representative complaints
(1) A class member may, by notice in writing to the Commission, withdraw from a representative complaint at any time before the President terminates the complaint under paragraph 46PF(1)(b) or…
Section 46D — Terms and conditions of appointment
(1) Subject to this Division, the Commissioner holds office for such period as is specified in the instrument of appointment, but is eligible for re-appointment. (1A) A person must not be appointed…
Section 46MD — Period of appointment
(1) The National Children’s Commissioner holds office for the period specified in the instrument of appointment. Note: For re-appointment, see section 33AA of the Acts Interpretation Act 1901. (2) A…
Section 46PD — Referral of complaint to President
If a complaint is made to the Commission under section 46P, the Commission must refer the complaint to the President.
Section 46E — Remuneration
(1) The Commissioner is to be paid such remuneration as is determined by the Remuneration Tribunal, but if no determination of that remuneration by the Remuneration Tribunal is in operation, the…
Section 46ME — Acting appointment
The Minister may, by written instrument, appoint a person to act as the National Children’s Commissioner: (a) during a vacancy in the office of the Commissioner (whether or not an appointment has…
Section 46PE — Complaints against the President, Commission or a Commissioner
(1) This section applies to a complaint if any of the respondents to the complaint is: (a) the President; or (b) the Commission; or (c) a Commissioner. (2) If any complainant makes a written request…
Section 46F — Leave of absence
(1) The Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Minister may grant the Commissioner leave of absence other than recreation leave,…
Section 46MF — Remuneration and allowances
(1) The National Children’s Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the…
Section 46PF — Inquiry by President
(1) Subject to subsections (1A) and (5), if a complaint is referred to the President under section 46PD, the President must: (a) consider whether to inquire into the complaint, having regard to the…
Section 46G — Outside employment
The Commissioner must not, except with the approval of the Minister, engage in paid employment outside the duties of the office of Commissioner.
Section 46MG — Leave of absence
(1) The National Children’s Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Minister may grant the National Children’s Commissioner leave…
Section 46PG — Withdrawal of complaint
(1) Any complainant to a complaint may withdraw the complaint, with the leave of the President. (2) The President must grant leave if the President is satisfied that all the affected persons agree to…
Section 46H — Resignation
The Commissioner may resign from the office of Commissioner by writing given to the Governor-General.
Section 46MH — Outside employment
The National Children’s Commissioner must not engage in paid employment outside the duties of his or her office without the approval of the Minister.
Section 46PH — Termination of complaint
Discretionary termination of complaint (1) The President may terminate a complaint on any of the following grounds: (a) the President is satisfied that the alleged acts, omissions or practices are…
Section 46I — Termination of appointment
(1) The Governor-General may terminate the appointment of the Commissioner because of: (a) misbehaviour; or (b) a disability that makes the Commissioner incapable of performing the inherent…
Section 46MI — Resignation
(1) The National Children’s Commissioner may resign his or her appointment by giving the Governor-General a written resignation. (2) The resignation takes effect on the day it is received by the…