AUSTRALIAN HUMAN RIGHTS COMMISSION ACT 1986

Table of Provisions

• Long Title

PART I--PRELIMINARY

• 1 Short title  
• 2 Commencement  
• 3 Interpretation  
• 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  
• 19 Delegation  

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  
• 35Q Reports  

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  
• 40 Resignation  
• 41 Termination of appointment  
• 43 Staff  
• 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  
• 44C Taxation  
• 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

• 46A Interpretation  
• 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  
• 46E Remuneration  
• 46F Leave of absence  
• 46G Outside employment  
• 46H Resignation  
• 46I Termination of appointment  
• 46J Acting Commissioner  

Division 3--Miscellaneous

• 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.  

Division 2--Appointment

• 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  
• 46MI Resignation  
• 46MJ Termination of appointment  
• 46MK Other terms and conditions  

Division 4--Miscellaneous

• 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  

PART III--MISCELLANEOUS

• 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  
• 50 Regulations  
• 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