Compilation No. 55
Compilation date: 12 December 2023
Includes amendments up to: Act No. 73, 2023
Registered: 19 December 2023
This compilation includes commenced amendments made by Act No. 85, 2022
About this compilation
This is a compilation of the Australian Human Rights Commission Act 1986 that shows the text of the law as amended and in force on 12 December 2023 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
4 Operation of State and Territory laws
5 Extension to external Territories
6 Extent to which Act binds the Crown
6A Application of the Criminal Code
Part II--Australian Human Rights Commission
Division 1--Establishment and Constitution of Commission
7 Australian Human Rights Commission
8 Constitution of Commission
8A The President
8B The Human Rights Commissioner
9 Arrangement for appointment of the holder of a judicial office of a State
10 Appointment of Judge as member not to affect tenure etc.
Division 2--Duties, functions and powers of Commission
10A Duties of Commission
11 Functions of Commission
13 Powers of Commission
14 Form of examinations or inquiries to be at discretion of Commission etc.
15 Commission may engage in consultations
16 Inter - governmental arrangements
18 Declarations by Minister
Division 3--Functions relating to human rights
19A Division applies to victimisation offences
20 Performance of functions relating to human rights
20A Reports to the Minister
21 Power to obtain information and documents
22 Power to examine witnesses
23 Failure to comply with requirement
24 Disclosure of information or contents of documents
26 Offences relating to administration of Act
27 Commission to give opportunity for making of submissions
28 Nature of settlements
29 Reports to contain recommendations
Division 4--Functions relating to equal opportunity in employment
30 Interpretation etc.
31 Functions of Commission relating to equal opportunity
32 Performance of functions relating to equal opportunity
32A Reports to the Minister
33 Application of certain provisions of Division 3
34 Nature of settlements
35 Reports to contain recommendations
Division 4A--Functions relating to positive duty in relation to sex discrimination
35A Functions of Commission relating to positive duty in relation to sex discrimination
35AA Performance of functions relating to positive duty in relation to sex discrimination
35B Performance of inquiry function relating to positive duty in relation to sex discrimination
35C Commission to notify person and give opportunity for making of submissions
35D Application of certain provisions of Division 3
35E Notification of findings and recommendations
35F Giving of compliance notice
35G Reconsideration of compliance notice
35H Review of compliance notice
35J Enforcement of compliance notice
35K Enforceable undertakings
Division 4B--Functions relating to systemic discrimination
35L Functions of Commission relating to systemic discrimination
35M Performance of functions relating to systemic discrimination
35N Application of certain provisions of Division 3
35P Commission to give opportunity for making of submissions
Division 5--Administrative provisions
36 Acting President and Human Rights Commissioner
37 Terms and conditions of appointment
38 Remuneration and allowances
39 Leave of absence
41 Termination of appointment
43A Commission may make administrative services available to the Information Commissioner
44 Meetings of the Commission
44A Money payable to the Commission
44B Application of money by the Commission
45 Annual report
46 Reports to be tabled in Parliament
Division 6--Corporate plan
46AA Corporate plan
Part IIA--Aboriginal and Torres Strait Islander Social Justice Commissioner
Division 1--Establishment and functions
46B Aboriginal and Torres Strait Islander Social Justice Commissioner
46C Functions of the Commission that are to be performed by the Commissioner etc.
Division 2--Administrative provisions
46D Terms and conditions of appointment
46F Leave of absence
46G Outside employment
46I Termination of appointment
46J Acting Commissioner
46K Commissioner may obtain information from government agencies
46L Commissioner must give information to the Commission
46M Minister must table etc. report of Commissioner
Part IIAA--National Children's Commissioner
Division 1--Establishment and functions
46MA National Children's Commissioner
46MB Functions of Commission that are to be performed by the National Children's Commissioner etc.
46MC Appointment of National Children's Commissioner
46MD Period of appointment
46ME Acting appointment
Division 3--Terms and conditions
46MF Remuneration and allowances
46MG Leave of absence
46MH Outside employment
46MJ Termination of appointment
46MK Other terms and conditions
46ML National Children's Commissioner may obtain information from Commonwealth government agencies
46MM National Children's Commissioner must give information to the Commission
46MN Minister must table reports of National Children's Commissioner
Part IIB--Redress for unlawful discrimination
Division 1--Conciliation by the President
46P Lodging a complaint
46PA Amendment of complaint
46PB Conditions for lodging a representative complaint
46PC Additional rules applying to representative complaints
46PD Referral of complaint to President
46PE Complaints against the President, Commission or a Commissioner
46PF Inquiry by President
46PG Withdrawal of complaint
46PH Termination of complaint
46PI President's power to obtain information
46PJ President may hold conferences
46PK Proceedings at conferences
46PKA Things said in conciliation are not admissible in evidence in certain proceedings
46PM Failure to give information or produce documents
46PN False or misleading information
Division 2--Proceedings in the Federal Court and the Federal Circuit and Family Court of Australia (Division 2)
46PO Application to court if complaint is terminated
46POA Conditions for making a representative application
46POB Additional rules applying to representative applications
46PP Interim injunction to maintain status quo etc.
46PQ Right of representation
46PR Court not bound by technicalities
46PS Report by President to court
46PSA Costs--court may have regard to an offer to settle
46PT Assistance by Commission
46PU Assistance in proceedings before the court
46PV Amicus curiae function of Commission members
Part IIC--Referral of discriminatory awards and determinations to other bodies
46PW Referral of discriminatory industrial instruments to the Fair Work Commission
46PX Referral of discriminatory determinations to the Remuneration Tribunal
46PY Referral of discriminatory determinations to the Defence Force Remuneration Tribunal
46PZ Transfer of complaints from the Inspector - General of Intelligence and Security
47 Declaration of international instruments
48 Protection from civil actions
49 Non - disclosure of private information
49A Information stored otherwise than in written form
49B Jurisdiction of Federal Court and Federal Circuit and Family Court of Australia (Division 2)
49C Compensation for acquisition of property
Schedule 1--Convention concerning Discrimination in respect of Employment and Occupation
Schedule 2--International Covenant on Civil and Political Rights
Schedule 3--Declaration of the Rights of the Child
Schedule 4--Declaration on the Rights of Mentally Retarded Persons
Schedule 5--Declaration on the Rights of Disabled Persons
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003 .
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.