4 | Our Legislation and Functions • • 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: • • • • • • 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 12 to comply with their obligations under the positive duty. (d) Disability Discrimination Act 1992 (Cth) (DDA) The Commission’s functions under the DDA include: • • • • • • • • • 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: • • to promote understanding and acceptance of, and compliance with, the ADA to undertake research and educational programs, and other programs, on behalf of the

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