Australian Human Rights Commission Part II
Duties, functions and powers of Commission Division 2
Section 11
(o) 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; and
(p) to do anything incidental or conducive to the performance of
any of the preceding functions.
(2) The Commission shall not:
(a) regard an enactment or proposed enactment as being
inconsistent with or contrary to any human right for the
purposes of paragraph (1)(e) by reason of a provision of the
enactment or proposed enactment that is included solely for
the purpose of securing adequate advancement of particular
persons or groups of persons in order to enable them to enjoy
or exercise human rights equally with other persons; or
(b) regard an act or practice as being inconsistent with or
contrary to any human right for the purposes of
paragraph (1)(f) where the act or practice is done or engaged
in solely for the purpose referred to in paragraph (a) of this
subsection.
(3) Notwithstanding paragraphs (1)(a), (d) and (f), the functions of the
Commission do not include inquiring into an act or practice of an
intelligence agency, and, where a complaint is made to the
Commission alleging that an act or practice of such an agency is
inconsistent with or contrary to any human right, constitutes
discrimination, or is unlawful under the Racial Discrimination Act
1975, the Sex Discrimination Act 1984, the Disability
Discrimination Act 1992, or the Age Discrimination Act 2004, the
Commission shall refer the complaint to the Inspector-General of
Intelligence and Security.
(4) A reference in subsection (3) to an intelligence agency is a
reference to the Australian Secret Intelligence Service, the
Australian Security Intelligence Organisation, the Office of
National Intelligence, the Australian Signals Directorate, that part
of the Defence Department known as the Australian
Geospatial-Intelligence Organisation (including any part of the
Australian Human Rights Commission Act 1986
Compilation No. 48
Compilation date: 20/12/18
Authorised Version C2019C00030 registered 14/01/2019
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Registered: 14/1/19