Australian Human Rights Commission Act 1986
Sections and provisions with full text and the judgments that cite each one.
Section 46PI — President’s power to obtain information
(1) This section applies if the President has reason to believe that a person is capable of providing information (relevant information) or producing documents (relevant documents) relevant to an…
Section 46J — Acting Commissioner
The Minister may appoint a person to act as Commissioner: (a) during a vacancy in the office of Commissioner, whether or not an appointment has previously been made to the office; or (b) during any…
Section 46MJ — Termination of appointment
The Governor-General may terminate the appointment of the National Children’s Commissioner: (a) for misbehaviour; or (b) if the Commissioner is unable to perform the duties of his or her office…
Section 46PJ — President may hold conferences
President may decide to hold a conference (1) For the purpose of attempting to conciliate a complaint in accordance with section 46PF, the President may decide to hold a conference, to be presided…
Section 46K — Commissioner may obtain information from government agencies
(1) If the Commissioner has reason to believe that a government agency has information or a document relevant to the performance by the Commissioner of functions under this Part, the Commissioner may…
Section 46MK — Other terms and conditions
The National Children’s Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor-General.
Section 46PK — Proceedings at conferences
(1) Subject to this section, a conference mentioned in subsection 46PJ(1) is to be conducted in such manner as the person presiding at the conference considers appropriate. (2) The conference is to…
Section 46L — Commissioner must give information to the Commission
The Commissioner must give to the Commission such information as the Commission from time to time requires relating to the operations of the Commissioner under this Part.
Section 46ML — National Children’s Commissioner may obtain information from Commonwealth government agencies
(1) If the National Children’s Commissioner has reason to believe that a Commonwealth government agency has information or a document relevant to the performance by the Commissioner of functions…
Section 46M — Minister must table etc. report of Commissioner
The Minister must cause a copy of each report received by the Minister under subsection 46C(2A) or (2B): (a) to be laid before each House of the Parliament within 15 sitting days of that House after…
Section 46MM — National Children’s Commissioner must give information to the Commission
The National Children’s Commissioner must give to the Commission such information as the Commission from time to time requires relating to the operations of the Commissioner under this Part.
Section 46PM — Failure to give information or produce documents
(1) A person must not refuse or fail: (a) to give information; or (b) to produce a document; when so required under section 46PI. Penalty: 10 penalty units. (1A) Subsection (1) does not apply if the…
Section 46MN — Minister must table reports of National Children’s Commissioner
The Minister must cause a copy of each report received by the Minister under this Part to be laid before each House of the Parliament within 15 sitting days of that House after the report is received…
Section 46PN — False or misleading information
A person must not give information or make a statement to the Commission, to the President or to any other person exercising powers or performing functions under this Act, knowing that the…
Section 46PO — Application to court if complaint is terminated
Making an application (1) If: (a) a complaint has been terminated by the President under section 46PE, paragraph 46PF(1)(b) or section 46PH; and (b) the President has given a notice to any person…
Section 46P — Lodging a complaint
(1) A written complaint may be lodged with the Commission: (a) alleging: (i) that one or more acts have been done; or (ii) that one or more omissions or practices have occurred; and (b) alleging that…
Section 46PP — Interim injunction to maintain status quo etc.
(1) At any time after a complaint is lodged with the Commission, the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may grant an interim injunction to maintain: (a)…
Section 46PQ — Right of representation
(1) A party in proceedings under this Division: (a) may appear in person; or (b) may be represented by a barrister or a solicitor; or (c) may be represented by another person who is not a barrister…
Section 46PR — Court not bound by technicalities
In proceedings under this Division, the Federal Court and the Federal Circuit and Family Court of Australia (Division 2) are not bound by technicalities or legal forms. This section has effect…
Section 46PS — Report by President to court
(1) The President may provide the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) with a written report on a complaint that has been terminated under paragraph…
Section 46PT — Assistance by Commission
The Commission may help a person to prepare the forms required for the person to make an application under this Division.
Section 46PU — Assistance in proceedings before the court
(1) A person who: (a) has commenced or proposes to commence proceedings in the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under this Division; or (b) is a…
Section 46PV — Amicus curiae function of Commission members
(1) A special-purpose Commissioner has the function of assisting the Federal Court and the Federal Circuit and Family Court of Australia (Division 2), as amicus curiae, in the following proceedings…
Section 46PW — Referral of discriminatory industrial instruments to the Fair Work Commission
(1) A complaint in writing alleging that a person has done a discriminatory act under an industrial instrument may be lodged with the Commission by: (a) a person aggrieved by the act, on that…
Section 46PX — Referral of discriminatory determinations to the Remuneration Tribunal
(1) A complaint in writing alleging that a person has done a discriminatory act under a determination may be lodged with the Commission by: (a) a person aggrieved by the act, on that person’s own…
Section 46PY — Referral of discriminatory determinations to the Defence Force Remuneration Tribunal
(1) A complaint in writing alleging that a person has done a discriminatory act under a determination may be lodged with the Commission by: (a) a person aggrieved by the act, on that person’s own…
Section 46PZ — Transfer of complaints from the Inspector-General of Intelligence and Security
(1) If the Inspector-General of Intelligence and Security transfers all or part of a complaint to the Commission under section 32AG of the Inspector-General of Intelligence and Security Act 1986, in…
Section 47 — Declaration of international instruments
(1) The Minister may, after consulting the appropriate Minister of each State, by legislative instrument, declare an international instrument, being: (a) an instrument ratified or acceded to by…
Section 48 — Protection from civil actions
(1) Subsection (2) applies in relation to any of the following persons: (a) the Commission; (b) a member of the Commission; (c) a person acting for or on behalf of: (i) the Commission; or (ii) a…
Section 49 — Non-disclosure of private information
(1) A person who is, or has at any time been, a member of the Commission or a member of the staff referred to in section 43 or is acting, or has at any time acted, for or on behalf of the Commission…
Section 49A — Information stored otherwise than in written form
If information is recorded or stored by means of a mechanical, electronic or other device, any duty imposed by this Act to produce the document recording that information is to be construed as a duty…
Section 49B — Jurisdiction of Federal Court and Federal Circuit and Family Court of Australia (Division 2)
The Federal Court and the Federal Circuit and Family Court of Australia (Division 2) have concurrent jurisdiction with respect to civil matters arising under Part II, IIB or IIC.
Section 49C — Compensation for acquisition of property
(1) If the application of any of the provisions of this Act would result in an acquisition of property from any person having been made otherwise than on just terms, the person is entitled to such…
Section 50 — Regulations
The Governor-General may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed…