4 | Our Legislation and Functions
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to prepare, and to publish in such manner
as the Commission considers appropriate,
guidelines for the avoidance of discrimination
identified under the SDA, and
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 discrimination issues
arising from the SDA.
New SDA regulatory functions
The Commission’s powers to inquire into and
ensure compliance with the positive duty in the Sex
Discrimination Act 1984 (Cth) became operational
on 12 December 2023.
These powers are contained within the Australian
Human Rights Commission Act 1986 (Cth) which
confers a number of functions on the Commission
including:
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to prepare, and to publish in such manner
as the Commission considers appropriate,
guidelines for complying with the positive duty
in relation to sex discrimination
to promote an understanding and acceptance,
and the public discussion, of the positive duty
in relation to sex discrimination
to undertake research and educational
programs in relation to the positive duty in
relation to sex discrimination
to inquire into a person’s compliance with the
positive duty in relation to sex discrimination
to ensure compliance with the positive duty in
relation to sex discrimination
to do anything incidental or conducive to the
performance of any of the preceding functions.
The Commission has published a Statement of Intent
on its website that outlines how it will deliver on the
Minister’s expectations with respect to fulfilling its
statutory responsibilities. We have also published on
our website our Compliance and Enforcement Policy
which outlines how the Commission will exercise
its functions to ensure that duty holders receive
the support, guidance and information necessary
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to comply with their obligations under the positive
duty.
(d) Disability Discrimination Act 1992 (Cth) (DDA)
The Commission’s functions under the DDA include:
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to promote an understanding and acceptance
of, and compliance with, the DDA
to report to the Minister on matters relating to
the development of disability standards
to monitor the operation of such standards
and report to the Minister the results of such
monitoring
to consider and grant exemptions from
compliance with the DDA
to undertake research and educational
programs, and other programs, on behalf of the
Commonwealth for the purpose of promoting
the objects of the DDA
to examine enactments, or proposed
enactments, to determine compliance with the
objects of the DDA
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 discrimination under
the DDA
to prepare, and to publish in such manner
as the Commission considers appropriate,
guidelines for the avoidance of discrimination
on the ground of disability, and
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 discrimination on the
ground of disability.
(e) Age Discrimination Act 2004 (Cth) (ADA)
The Commission’s functions under the ADA include:
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to promote understanding and acceptance of,
and compliance with, the ADA
to undertake research and educational
programs, and other programs, on behalf of the