Australian Human Rights Commission Respect at Uni Interim Report December 2024 • inquire into, and attempt to conciliate, complaints of unlawful discrimination (s11(1)(aa) AHRC Act) and to inquire into any act or practice that may be inconsistent with or contrary to any human rights (s11(1)(f) AHRC Act) • promote an understanding and acceptance of, and compliance with, the RDA (s.20(b) RDA). The Commission plays an important national role promoting human rights, including the rights protected under the International Convention on the Elimination of All Forms of Racial Discrimination and the religious freedom protected under Article 18 of the International Covenant on Civil and Political Rights. It also promotes the rights enshrined in the Declaration on the Rights of Indigenous Peoples. The RDA makes it unlawful to discriminate against a person based on their race, colour, descent or national or ethnic origin and immigration status. The RDA protects people from racial discrimination in various areas of public life, including employment, education, accommodation, getting or using services and accessing public places. Racial discrimination occurs when a person is treated less favourably or denied the same opportunities as others due to their race, colour, descent or national or ethnic origin, or immigration status. Part IIA of the RDA prohibits racial vilification in public. Section 18C of the RDA makes it unlawful for someone to commit an act that is reasonably likely to “offend, insult, humiliate or intimidate” someone because of their race, colour or national or ethnic origin. Courts have found that members of groups that share both a faith and an ethnic origin, such as Jews and Sikhs, are protected under section 18C of the RDA and under the more general prohibitions on racial discrimination. One of the most important functions of the Commission is receiving and investigating complaints from individuals who allege that their human rights have been breached. This complements the process for the protection of human rights offered by the Courts. In carrying out its conciliation function, the Commission performs a vital role in ensuring access to justice for people who have experienced discrimination, harassment and vilification. It is part of a range of measures, including court proceedings, that are designed to ensure that people whose human rights or freedoms have been breached have access to an effective remedy. The Commission’s complaints process is set out in the AHRC Act. 6 13