What happens if my rights
are breached?
Where there is an alleged
breach of rights, a person
has a cause of action.
Administrative review
pathways available.
Complaint to the AHRC
for conciliation. Focus is
on quick, cost-effective
resolution of complaint.
This model builds on existing
practice in federal discrimination
law, and ensures focus of
accountability is not on the
courts.
When applying the
interpretive clause,
courts may indicate that
the legislation is not
compatible with human
rights, which must be
brought to the attention
of Parliament by the
Attorney-General.
Matters that don’t resolve
or that are unsuited to
conciliation, can proceed
to Federal Circuit and
Family Court:
• by individuals or
representatives
• with cost protections
• courts able to award
a range of remedies
Some, limited, matters
may go direct to court
where there is urgency.
FREE AND EQUAL A Human Rights Act for Australia 2022
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