1. Background
The AHRC and VEOHRC are each independent statutory bodies, dedicated to
the promotion and protection of human rights.
The AHRC is Australia’s national human rights institution, established by the
Australian Human Rights Commission Act 1986 (Cth). The AHRC has a number of
functions relating to the protection and promotion of human rights, including
the right to freedom of thought, conscience and religion.1 These functions
include reviewing current and proposed legislation, conducting research and
education, and inquiring into acts and practices that may be inconsistent with
human rights. The Commission can inquire into, and attempt to settle by
conciliation, complaints alleging that acts or practices of the Commonwealth
were inconsistent with or contrary to human rights and complaints alleging
discrimination in employment.2 The Commission can also receive and
conciliate complaints alleging unlawful discrimination under the federal antidiscrimination statutes.3
VEOHRC is responsible for protecting and promoting human rights in
Victoria.4 It has responsibilities under three laws that together protect an
individual’s right to hold a religious belief or no religious belief, and practise
that belief free from discrimination and vilification:
• The Equal Opportunity Act 2010 (Vic) makes it unlawful to discriminate
against a person in certain areas of public life based on ‘religious
belief or activity’.5
• The Racial and Religious Tolerance Act 2001 (Vic) prohibits religious
vilification.6
• The Charter of Human Rights and Responsibilities Act 2006 (Vic) protects
the freedom of thought, conscience, religion and belief.7
VEOHRC can receive and conciliate complaints of religious discrimination
or vilification that arise under the Equal Opportunity Act or Racial and
Religious Tolerance Act. VEOHRC also educates people about the rights
and responsibilities contained in Victoria’s Charter of Human Rights and
Responsibilities and raises awareness across the community about the
importance of equality and human rights.
This Position Paper is based on the AHRC’s and VEOHRC’s collective
experience and research in this area. In addition, the two Commissions
convened joint roundtables in Sydney (11 June 2019) and Melbourne (27
June 2019) on the topic of serious harms on the basis of religion. Leaders
representing a wide variety of religious organisations, as well as academic
researchers with relevant expertise, participated in these events.
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