Purpose:

This Act establishes the Australian Human Rights Commission to address matters related to human rights and equal opportunity in employment.

Objectives:

• To establish and constitute the Australian Human Rights Commission.
• To inquire into and attempt to conciliate complaints of unlawful discrimination and acts inconsistent with human rights.
• To deal with complaints concerning discriminatory industrial instruments and determinations.
• To promote understanding, acceptance, and public discussion of human rights and equality of opportunity in employment in Australia.
• To undertake and coordinate research and educational programs for the purpose of promoting human rights and equal opportunity.
• To examine enactments and proposed enactments for inconsistency with human rights or impairment of equal opportunity and report findings and recommendations to the Minister.
• To report to the Minister on legislative and other actions required for compliance with international human rights instruments.
• To inquire into and ensure compliance with the positive duty in relation to sex discrimination.
• To inquire into matters relating to systemic unlawful discrimination.
• To intervene in court proceedings involving human rights or discrimination issues with leave of the court.

Key Provisions:

• Establishment and Constitution (Part II, Division 1): Establishes the Australian Human Rights Commission as a body corporate and outlines its composition, including the President, Human Rights Commissioner, and various Discrimination Commissioners.
• Functions of Commission (Section 11): Confers a broad range of functions on the Commission, including inquiry and conciliation of discrimination complaints, promotion of human rights, research, and advising the Minister on human rights-related laws and international instrument compliance.
• Powers of Commission (Section 13): Grants the Commission general powers to do all things necessary or convenient for performing its functions.
• Power to Obtain Information and Documents (Section 21, 46PI, 46K, 46ML): Authorises Commission members or Commissioners to require persons or government agencies to provide information and produce documents relevant to an inquiry.
• Offences Relating to Administration of Act (Section 26): Defines offences for hindering the Commission or victimising individuals who engage with the Commission.
• Functions Relating to Equal Opportunity in Employment (Section 31): Confers specific functions on the Commission to address discrimination in employment, including inquiry, conciliation, and policy promotion.
• Functions Relating to Positive Duty in Relation to Sex Discrimination (Division 4A): Outlines the Commission’s role in monitoring and enforcing compliance with the positive duty in relation to sex discrimination, including the issuance and enforcement of compliance notices.
• Functions Relating to Systemic Discrimination (Division 4B): Confers functions on the Commission to inquire into systemic unlawful discrimination and report on such matters.
• Redress for Unlawful Discrimination (Part IIB): Details the process for lodging, conciliating, and terminating complaints of unlawful discrimination, and allows for applications to the Federal Court or Federal Circuit and Family Court for redress.
• Protection from Civil Actions (Section 48): Provides legal protection from civil actions for Commission members or persons acting on its behalf, for acts done in good faith within their functions or powers.
• Non-disclosure of Private Information (Section 49): Prohibits current or former Commission members and staff from disclosing private information obtained through their duties, with specified exceptions.

Evidence of Compliance Requirements For Agricultural Organisations:

Agricultural organisations, as “persons” or “bodies corporate” and potential “authorities of the Commonwealth” or a “State”, are subject to the following general compliance requirements:

• Participation in Inquiries and Investigations:
  • Organisations must cooperate with inquiries into acts or practices that may be inconsistent with human rights or constitute discrimination (Sections 20, 32, 35B, 46PF).
  • Organisations must be given a reasonable opportunity to make oral or written submissions to the Commission regarding any act or practice under inquiry (Sections 27, 35C(2), 35P).
• Provision of Information and Documents:
  • Organisations or individuals within them may be required by written notice from a Commission member or Commissioner to provide information (in writing, signed) or produce documents relevant to an inquiry at a specified place, date, and time/period (Section 21(1), 46PI(2), 46K(1), 46ML(1)). The specified time/period must be reasonable (Section 46ML(3)).
  • If the notice is served on a body corporate, the information must be signed by an officer of that body corporate (Section 46PI(3)).
  • If the information or document originated from an intelligence agency, the organisation must forthwith notify that agency of the requirement (Section 21(2)).
  • If required to produce a document that reveals an individual’s identity, the organisation must obtain the individual’s consent, or if possible, provide a redacted copy with identifying information deleted (Section 46K(3), (4); 46ML(4), (5)).
  • Record-Keeping: Organisations must maintain records that enable them to provide information and produce documents when required by the Commission.
  • Inspection and Audit: The Commission may take possession of, copy, and retain documents produced for the purposes of an inquiry. The organisation must permit inspection of such documents at all reasonable times by persons entitled to inspect them (Section 21(4), 46PI(4), (5)).
• Compliance with Compliance Notices (for Sex Discrimination Positive Duty):
  • If the President finds an organisation is not complying with the positive duty in relation to sex discrimination, a written compliance notice may be issued (Section 35F(1)).
  • The organisation must take or refrain from taking specified action within the reasonable period specified in the notice (at least 21 days from the date of notice), to address the failure to comply (Section 35F(2)©, (d)).
  • The organisation may be required to provide evidence that the specified action has been taken or refrained from taking within a reasonable period (Section 35F(2)(e)).
  • Reconsideration/Review: Organisations have the right to request reconsideration of a compliance notice within 21 days (Section 35G(2)) or apply for judicial review to the Federal Court or Federal Circuit and Family Court within 21 days of the notice or reconsideration decision (Section 35H(1), (1A)).
  • Enforceable Undertakings: Organisations may offer enforceable undertakings to comply with the positive duty in relation to sex discrimination under Part 6 of the Regulatory Powers Act. Once accepted, such an undertaking means a compliance notice cannot be issued unless the undertaking is withdrawn, cancelled, or expired (Section 35F(3), 35K(1)).
• Prohibition on False or Misleading Information:
  • Organisations must not provide information or statements to the Commission, the President, or any person exercising powers under the Act, knowing that the information or statement is false or misleading in a material particular (Section 46PN).
• Prohibition on Hindering or Victimisation:
  • Organisations must not hinder, obstruct, molest, or interfere with any Commission member or person acting on its behalf during an inquiry or investigation (Section 26(1)).
  • Organisations must not take adverse action (e.g., refusing employment, dismissal, prejudice in employment, intimidation, coercion, disciplinary action) against any person for:
    • Making or proposing to make a complaint to the Commission.
    • Alleging or proposing to allege that an act or practice is inconsistent with human rights.
    • Furnishing or proposing to furnish information or documents to the Commission.
    • Giving or proposing to give evidence before the Commission (Section 26(2)).

Metadata Keywords:

Human rights, discrimination, equal opportunity, employment, Australian Human Rights Commission, compliance, legislation, conciliation, systemic discrimination, sex discrimination.

Publication Information:

Compilation No. 56 Compilation date: 2 October 2024 Act No. 125, 1986 Authorised Version C2024C00645 registered 14/10/2024

Agricultural Industry Alignment:

Not specified in document.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.gov.au/C2004A03366/2024-10-02/2024-10-02/text/original/pdf →