Human rights act commonwealth

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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.