4. Our Legislation and Functions
4.1 Legislation
We are a body corporate established by the
Australian Human Rights Commission Act 1986 (Cth)
(AHRC Act). We are a Corporate Commonwealth
Entity under the Public Governance, Performance
and Accountability Act 2013 (Cth).
It is our duty under our establishing legislation to
ensure that our statutory functions are performed
efficiently and with the greatest possible benefit
to the people of Australia with regard to the
indivisibility and universality of human rights, and
the principle that every person is born free and
equal in dignity and rights.
4.2 Functions
The Commission’s functions include:
(a) Australian Human Rights Commission Act
1986 (Cth) (AHRC Act).
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to inquire into, and attempt to conciliate,
complaints of unlawful discrimination
inquire into any act or practice that may be
inconsistent with or contrary to any human
right, and to give effect to settlement of such
matters by way of conciliation where the
Commission considers it appropriate to do so
to deal with complaints made to the
Commission under the AHRC Act
to promote an understanding and acceptance,
and the public discussion, of human rights in
Australia
to undertake and coordinate research and
educational programs on behalf of the
Commonwealth to promote human rights
to report to the Minister as to the laws that
should be made by the Parliament, or action
that should be taken by the Commonwealth, on
matters relating to human rights
examine enactments, proposed enactments
and or international instruments for
determining consistency with human rights and
international instruments
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to prepare, and to publish guidelines for the
avoidance of acts or practices of a kind in
respect of which the Commission has a function
where the Commission considers it appropriate
to do so, with the leave of the court hearing
the proceedings and subject to any conditions
imposed by the court, to intervene in
proceedings that involve human rights issues
Aboriginal and Torres Strait Islander Social
Justice Commissioner
Under the Australian Human Rights Commission
Act 1986 (Cth) (AHRC Act), the Aboriginal and
Torres Strait Islander Social Justice Commissioner
undertakes social justice education and promotional
activities and may report to the Minister on
the exercise and enjoyment of human rights of
Indigenous peoples.
The Commissioner may report under the Native
Title Act 1993 (Cth) on the operation of the AHRC
Act and its effect on the exercise and enjoyment
of human rights of Indigenous peoples. In addition,
the Commissioner reports, when requested by the
Minister, on any other matter relating to the rights of
Indigenous peoples under this Act.
National Children’s Commissioner
Under the Australian Human Rights Commission Act
1986 (Cth), the National Children’s Commissioner
may report to the Minister on the enjoyment and
exercise of human rights by children in Australia.
Additionally, the Commission holds the functions
conferred on it by the various Commonwealth Acts
concerning discrimination, as set out below.
(b) Racial Discrimination Act 1975 (Cth) (RDA)
The Commission’s functions under the RDA include:
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to promote an understanding and acceptance
of, and compliance with the RDA
to develop, conduct and foster research and
educational programs for the purposes of
combatting racial discrimination and prejudices