Australian Human Rights Commission Act 1986 (Act No. 125 of 1986).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The Act applies to whole Australia and extends to every external Territory. Under the Act “discrimination”, except in Part IIB (unlawful discrimination under Age Discrimination Act 2004; Disability Discrimination Act 1992; Racial Discrimination Act 1975; and Sex Discrimination Act 1984), means: (a) any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin that has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation; and (b) any other distinction, exclusion or preference that: (i) has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation; and (ii) has been declared by the regulations to constitute discrimination for the purposes of this Act. The definition excludes any distinction, exclusion or preference in respect of a particular job based on the inherent requirements of the job; or in connection with employment as a member of the staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, being a distinction, exclusion or preference made in good faith in order to avoid injury to the religious susceptibilities of adherents of that religion or that creed. Under the Act human rights means the rights and freedoms recognised in the Covenant, declared by the Declarations or recognised or declared by any relevant international instrument.
Part II establishes the Australian Human Rights Commission and lays down provisions on constitution, compositions, functions, duties and powers. Respectively, Division 3 and 4 are dedicated to Commission’s functions relating to human rights and functions relating to equal opportunity in employment. Part IIA establishes the Aboriginal and Torres Strait Islander Social Justice Commissioner and sets its functions and powers. Expand Part IIAA concerns the National Children’s Commissioner. Part IIB makes provisions on redress for unlawful discrimination and identifies two different mechanisms (Division 1 - Conciliation by the President and Division 2 - Proceedings in the Federal Court and the Federal Circuit Court).
The Act then continues recognising several opportunities for referral of discriminatory awards and determinations to other bodies, these include Fair Work Commission and Remuneration Tribunal. Part III—Miscellaneous and Schedules 1-5 contains the texts of International Conventions.
Part II establishes the Australian Human Rights Commission and lays down provisions on constitution, compositions, functions, duties and powers. Respectively, Division 3 and 4 are dedicated to Commission’s functions relating to human rights and functions relating to equal opportunity in employment. Part IIA establishes the Aboriginal and Torres Strait Islander Social Justice Commissioner and sets its functions and powers. Expand Part IIAA concerns the National Children’s Commissioner. Part IIB makes provisions on redress for unlawful discrimination and identifies two different mechanisms (Division 1 - Conciliation by the President and Division 2 - Proceedings in the Federal Court and the Federal Circuit Court).
The Act then continues recognising several opportunities for referral of discriminatory awards and determinations to other bodies, these include Fair Work Commission and Remuneration Tribunal. Part III—Miscellaneous and Schedules 1-5 contains the texts of International Conventions.
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Notes
Updated up to Australian Human Rights Commission Legislation Amendment (Selection and Appointment) Act 2022.
Repealed
No
Source language
English
Legislation Amendment
No
Implemented by