australian-human-rights-commission-act-1986.pdf, p.147
Establishment of an ad hoc Conciliation Commission
1 Section 1
australian-human-rights-commission-act-1986.pdf, p.148
The Secretary-General may pay expenses before reimbursement.
10 Section 10
australian-human-rights-commission-act-1986.pdf, p.135
Everyone has the right to hold opinions without interference. Accused persons shall be segregated from convicted persons and shall be subject to separate treatment.
2 Section 2
Separate treatment for unconvicted persons.
Accused persons shall be segregated from convicted persons.
Accused persons, convicted persons, and juvenile persons are classified.
Classification of persons into different categories.
australian-human-rights-commission-act-1986.pdf, p.134
No one shall be required to perform forced or compulsory labour.
3 Section 3
The performance of hard labour in pursuance of a sentence to such punishment by a competent court is permitted.
Paragraph 3(a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime,
Anyone who is arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power.
Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release.
australian-human-rights-commission-act-1986.pdf, p.9
1 Short title
australian-human-rights-commission-act-1986.pdf, p.165
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 137, 2000
1 July 2000 (s 2(1)
australian-human-rights-commission-act-1986.pdf, p.167
Freedom of Information Amendment (Reform) Act 2010
Classifies the Act as a legislative provision
australian-human-rights-commission-act-1986.pdf, p.169
Amendment of Sch 2 by Territories Legislation Amendment Act 2016
1 July 2016 (s 2(1)
australian-human-rights-commission-act-1986.pdf, p.170
Prime Minister and Cabinet Legislation Amendment (2017 Measures No. 1) Act 2, 2018
1 Mar 2021
1 Sept 2021 (s 2(1)
australian-human-rights-commission-act-1986.pdf, p.172
Strengthening Oversight of the National Intelligence Community Act 2025
1 Oct 2024
australian-human-rights-commission-act-1986.pdf, p.24
10 Appointment of Judge as member not to affect tenure etc.
Consequential Amendments and Transitional Provisions
10 Dec 2018
australian-human-rights-commission-act-1986.pdf, p.171
10 Sept 2021
australian-human-rights-commission-act-1986.pdf, p.159
Protected against exploitation, discriminatory treatment.
Prohibits exploitation and discriminatory treatment.
australian-human-rights-commission-act-1986.pdf, p.163
10 Dec 1986 (s 2 and
Consequential amendments to Federal Magistrates (Consequential Amendments) Act 1999
10 Dec 1999
australian-human-rights-commission-act-1986.pdf, p.166
Consequential Provisions for Age Discrimination Act 2004
10 Dec 2002
Prohibits consequential provisions for age discrimination
10 Sept 2015
Conditional commencement of Statute Law Revision Act (No. 1) 2016
Requires relation between identifiable temporal intervals for commencement
Appointment of Judge as member does not affect tenure.
10(1) Appointment of Judge as member not to affect tenure etc.
The person’s tenure of that judicial office
Service as a member occurs during tenure.
(1) The appointment of the holder of a judicial office as a member, or service by the holder of a judicial office as a member.
The person’s rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of that judicial office
Service as a member implies no change in tenure.
The person’s tenure of that judicial office or the person’s rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of that judicial office
Service as a member implies service as the holder of that judicial office.
Judicial office means a Judge of a court created by the Parliament or an office holder with the same status as a Judge.
10(2) Appointment of Judge as member not to affect tenure etc.
australian-human-rights-commission-act-1986.pdf, p.25
10A Duties of Commission
Duty to ensure functions are performed with regard for human rights and dignity.
10A(1) Duties of Commission
Obligation to ensure functions are performed.
No duty imposed on Commission enforceable by court proceedings
10A(2) Duties of Commission
11 Functions of Commission
Disabled persons have a right to qualified legal aid.
11 Section 11
Australian Security Intelligence Organisation Legislation Amendment Act 1999
11 Nov 1999
11 Feb 2016
Consequential and transitional provisions for the Office of National Intelligence Act 2018
11 Apr 2018
Amendment (Selection and Appointment) Act 48, 2022
11 Sept 2021 (s 2(1)
Consultation on rights of disabled persons is obligatory.
12 Section 12
Establishment of Australian Crime Commission
12 May 2003 (s 2
Establishs the Australian Crime Commission
australian-human-rights-commission-act-1986.pdf, p.168
12 Dec 2012
Consequential and Transitional Provisions
Amendment of Sch 2 by Federal Circuit and Family Court of Australia Act 2021
12 Apr 2017
References specific sections of schedules
12 Dec 2022
References Act ID, number and year, assent and commencement details.
australian-human-rights-commission-act-1986.pdf, p.28
Commission has power to do all things necessary or convenient for its functions.
13 Powers of Commission
Disabled persons, their families and communities shall be fully informed of the rights contained in this Declaration.
13 Section 13
Amendment machinery for Public Employment (Consequential and Transitional) Amendment Act 1999
13 Oct 1999
13 Apr 2000 (s 2)
13 Apr 2015
Commission can perform actions necessary or convenient.
australian-human-rights-commission-act-1986.pdf, p.29
14 Form of examinations or inquiries to be at discretion of
Commencement of Defence Legislation Amendment Act 1990
14 Dec 1988
14 Nov 2002
14 Mar 2013
Commission may make examination or hold inquiry in manner it thinks fit.
14(1) Form of examinations or inquiries to be at discretion of
Commission has the power to make examination or hold inquiry.
Commission may give directions prohibiting disclosure of identity for protection of security, privacy, or human rights.
14(2) Form of examinations or inquiries to be at discretion of
Publication of certain evidence and information is prohibited.
14(3) Form of examinations or inquiries to be at discretion of
Communicating evidence or information to another person is permitted.
14(4) Form of examinations or inquiries to be at discretion of
australian-human-rights-commission-act-1986.pdf, p.31
Commission may engage in consultations with appropriate persons, governmental organisations and non-governmental organisations.
15 Commission may engage in consultations
australian-human-rights-commission-act-1986.pdf, p.118
Discriminatory act under a determination means an act that would be unlawful under Part II of the Sex Discrimination Act 1984 except for the fact that the act was done in direct compliance with a determination.
15 January 1996.
The fact that an act is done in direct compliance with a determination does not mean it is reasonable.
An act is done in direct compliance with a determination.
16 Inter-governmental arrangements
australian-human-rights-commission-act-1986.pdf, p.164
16 Dec 1992
Conditional commencement of Human Rights Legislation Amendment Act 1995
16 Dec 1994
Requires a relation between identifiable temporal intervals for conditional commencement
Minister may make arrangement with a Minister of a State for joint performance of Commission functions.
16(1) Inter-governmental arrangements
Provisions for inter-governmental arrangements
16(2) Inter-governmental arrangements
An act done by or in relation to a State shall be deemed...
16(2A) Inter-governmental arrangements
17 Dec 2010
17 Mar 2006
australian-human-rights-commission-act-1986.pdf, p.32
The Minister may declare a function can be performed by the Commission.
18 Declarations by Minister
australian-human-rights-commission-act-1986.pdf, p.84
List of human rights instruments relevant to the Australian Human Rights Commission
18 December 1979 ([1983] ATS 9);
List of human rights instruments is specified
Statute Law (Miscellaneous Provisions) Act 1988
18 Dec 1987
19 Delegation
australian-human-rights-commission-act-1986.pdf, p.116
An act done in direct compliance with a determination does not necessarily mean it is reasonable.
19 January 1994.
Commission may delegate powers to a member, staff, or another person/body.
19(1) Delegation
Delegate powers to Commission members or staff
19(2) Delegation
Delegation of powers is prohibited for the President.
19(2A) Delegation
(2A) Subsection (2) does not allow the President to delegate...
Delegation of certain powers is prohibited.
19(2B) Delegation
Delegation by President exempt from Commission approval
19(2C) Delegation
Delegation of power under certain sections is prohibited for certain individuals.
19(2D) Delegation
19(5) Delegation
Power does not include a power conferred on the Commission by certain Acts.
19(6) Delegation
Powers are excluded from certain Acts within a specific time frame.
Excludes powers from certain Acts within a specific time frame.
(6) In subsection (1), power does not include a power conferred on the Commission by the Racial Discrimination Act 1975, the Sex Discrimination Act 1984, the Disability Discrimination Act 1992, or the Age Discrimination Act 2004.
australian-human-rights-commission-act-1986.pdf, p.35
Reference to act or practice inconsistent with human right
19A Division applies to victimisation offences
Temporal overlap between prohibited acts and reference
Act is an offence under subsection 26(2)
Recognition of prohibited acts by reference
Diffusion of prohibited acts to reference
Temporal relationship between prohibited acts and reference
2 Commencement
2 Dec 1988
2 Oct 2014
20 Performance of functions relating to human rights
Conditional commencement of Sch 2 (items 7–10, 14): 29 July 2011 (s 2(1) item 3)
20 June 2011
20 Feb 2018
Schedule 1 (items 166-168), Schedule 3 (item 2): 21 September 2023 (s 2(1) items 2, 5)
20 Sept
Imposes an obligation on the Australian Human Rights Commission to take a specific action.
Commission must perform functions on request or complaint.
20(1) Performance of functions relating to human rights
Commission may decide not to inquire into an act or practice under certain conditions.
20(2) Performance of functions relating to human rights
Commission's satisfaction is a condition
australian-human-rights-commission-act-1986.pdf, p.40
Commission may report to Minister on inquiry into human rights issue.
20A Reports to the Minister
21 Power to obtain information and documents
List of international covenants and conventions ratified by Australia.
21 December 1965 ([1975] ATS 40);
21 Dec 1990
21 Dec 1992
21 Apr 2004
Establishment of the Australian Signals Directorate
Commission may require person to provide information or documents.
21(1) Power to obtain information and documents
Obligation to provide information or documents.
Notify an intelligence agency of a requirement for information or document originating from the agency.
21(2) Power to obtain information and documents
References to intelligence agencies are specified.
21(3) Power to obtain information and documents
Obligation to provide specific reference
Reference to an intelligence agency is specified.
Commission may take possession of documents and make copies or extracts.
21(4) Power to obtain information and documents
Commission may require a person to attend and answer questions.
21(5) Power to obtain information and documents
Person entitled to payment for attendance at a place pursuant to a requirement.
21(6) Power to obtain information and documents
The Commonwealth has an obligation to pay.
australian-human-rights-commission-act-1986.pdf, p.42
22 Power to examine witnesses
Conditional commencement of Law and Justice Legislation Amendment Act 1990
22 Oct 1990
Conditional commencement is Undertaking, not Prohibition
22 Mar 2005
22 Mar 2011
22 Sept 2012
22 Sept 2012 (s 2(1)
Member may administer oath or affirmation to a person required to attend.
22(1) Power to examine witnesses
Member has an obligation to administer oath or affirmation.
Person must tell the truth when giving evidence.
22(2) Power to examine witnesses
The evidence will be true during the time the person gives evidence
Temporal relation between taking an oath and giving evidence
The person takes an oath for the purposes of this section
If the person tells the truth, then the evidence will be true
Implication from taking an oath to telling the truth
If the person tells the truth, then the evidence will be true and can be used by AI systems
Implication from taking an oath to telling the truth in terms of artificial intelligence
If the person tells the truth, then the evidence will be true and will have a positive impact on others
Implication from taking an oath to telling the truth in a broader sense
23 Failure to comply with requirement
Privacy Amendment (Office of the Privacy Commissioner) Act 2000
23 Dec 1999
23 June 2004 (s 2)
23 Mar 2016
Information or document when required under the Act.
Refusal to comply with requirement is penalized.
23(1) Failure to comply with requirement
Compliance with requirement is obligatory.
Knowing the requirement is necessary for compliance.
Refusal to comply with notice results in an offence.
23(2) Failure to comply with requirement
...the person refuses or fails to comply with the notice; or...
Defines temporal overlap between notice and refusal.
...refuses or fails to answer a question...
Prohibits refusal to comply with notice.
...the person refuses or fails to answer a question that is required by the member to be answered.
Imposes obligation to comply with notice.
Diffuses obligation to comply with notice.
Failure to provide a reasonable excuse is an obligation.
23(2A) Failure to comply with requirement
Obligation to provide a reasonable excuse.
Defendant bears evidential burden in relation to the matter.
Failure to comply with requirement is an obligation for the State.
23(3) Failure to comply with requirement
State has an obligation to comply with requirement.
australian-human-rights-commission-act-1986.pdf, p.43
Disclosure of certain information is prohibited if it would prejudice national security, defence, or international relations.
24 Disclosure of information or contents of documents
Conditional commencement of Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001
24 Nov 2000
24 May 2001
...would be contrary to the public interest.
Temporal interval for disclosure prohibition
(a) by reason that it would prejudice the security, defence or international relations of Australia;
Knowledge representation for disclosure prohibition
(1) Where the Attorney-General furnishes to the Commission a certificate certifying that...
Diffusion of information prohibition through certification
Disability Discrimination and Other Human Rights Legislation Amendment Act 2009
25 June 2009
australian-human-rights-commission-act-1986.pdf, p.45
26 Offences relating to administration of Act
26 May 2004
26 May 2015
Hindering or obstructing inquiry or investigation is prohibited.
26(1) Offences relating to administration of Act
Prohibition of hindering or obstructing inquiry or investigation.
(1) A person shall not hinder, obstruct, molest or interfere with...
26(2) Offences relating to administration of Act
australian-human-rights-commission-act-1986.pdf, p.47
Commission must give opportunity for making of submissions before reporting on act or practice.
27 Commission to give opportunity for making of submissions
27 June 1991
Aboriginal and Torres Strait Islander Commission Amendment Act 2005
Australian Human Rights Commission Amendment (National Children’s Commissioner) Act 2012
27 June 2011
Must provide opportunity for submissions before reporting.
Ensure recognition of human rights in settlements.
28 Nature of settlements
Conditional commencement of Sex Discrimination and other Legislation Amendment Act 1992
28 June 1995
Classifies legislative provisions into a deontic model
28 June 2012
...effect a settlement of a matter that gave rise to an inquiry.
Temporal overlap between inquiry and settlement.
...reflects a recognition of human rights.
29 Reports to contain recommendations
29 Feb 2000
Commission must include recommendations for amendment to ensure enactment is not inconsistent with human rights.
29(1) Reports to contain recommendations
Obligation to amend enactment for human rights compliance
Commission must make recommendations if act or practice is inconsistent with human rights.
29(2) Reports to contain recommendations
3 Interpretation
3 June 1988
3 June 1988 (s 2(1))
3 Nov 1993
3 July 2002
Sex Discrimination and Fair Work (Respect at Work) Amendment Act
3 Sept 2021
australian-human-rights-commission-act-1986.pdf, p.50
30 Interpretation etc.
Amendment by Human Rights Legislation Amendment Act 1995
30 Oct 1992
30 June 2014
30(1) Interpretation etc.
Reference to discriminatory act includes reference to offence under subsection 26(2).
30(1A) Interpretation etc.
...a reference to an act that is an offence under subsection 26(2).
(1A) In this Division, a reference to an act or practice that constitutes discrimination includes...
Inclusion of discriminatory act in reference.
Discrimination subclass of acts that are offences.
The Crown in right of a State is bound by this Division.
30(2) Interpretation etc.
This Division binds the Crown in right of a State.
(2) This Division binds the Crown in right of a State.
The Commission must examine enactments and proposed enactments for the purpose of ascertaining whether they have or would have the effect of nullifying or impairing equality of opportunity or treatment.
31 Functions of Commission relating to equal opportunity
31 May 2010
The Commission must examine enactments and proposed enactments.
australian-human-rights-commission-act-1986.pdf, p.52
32 Performance of functions relating to equal opportunity
Commission must perform functions relating to equal opportunity upon request or complaint.
32(1) Performance of functions relating to equal opportunity
Commission shall not inquire into an act or practice if satisfied it is dealt with under a prescribed enactment.
32(2) Performance of functions relating to equal opportunity
...if satisfied it is dealt with under a prescribed enactment.
32(3) Performance of functions relating to equal opportunity
Commission may not inquire into an act or practice under certain conditions.
The Commission must act fairly in the performance of its functions.
32(4) Performance of functions relating to equal opportunity
Act expeditiously in dealing with a complaint.
32(5) Performance of functions relating to equal opportunity
australian-human-rights-commission-act-1986.pdf, p.54
Commission may report to Minister on inquiry into discrimination
32A Reports to the Minister
Application of certain provisions of Division 3
33 Application of certain provisions of Division 3
Provisions apply in relation to functions of Commission
australian-human-rights-commission-act-1986.pdf, p.55
Ensure recognition of right to equality of opportunity and treatment in employment and occupation
34 Nature of settlements
35 Reports to contain recommendations
Commission must include recommendations for amendment to prevent impairment of equality of opportunity or treatment in employment or occupation.
35(1) Reports to contain recommendations
Must provide recommendations for amendment.
Notice must be served on a person found to constitute discrimination.
35(2) Reports to contain recommendations
australian-human-rights-commission-act-1986.pdf, p.58
Functions of Commission relating to positive duty in relation to sex discrimination
35A Functions of Commission relating to positive duty in relation to
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;
Analyzes implications of Commission's duties
cognitive implications of Commission's duties
Analyzes cognitive implications of Commission's duties
positive duty in relation to sex discrimination
Describes dissemination of Commission's functions
Must have regard to guidelines and cultural diversity in workplaces
35AA Performance of functions relating to positive duty in relation
Cultural diversity is considered over time
Commission must consider cultural diversity over time
Guidelines and cultural diversity must be considered
Obligation to consider guidelines and cultural diversity
australian-human-rights-commission-act-1986.pdf, p.59
35B Performance of inquiry function relating to positive duty in
Commission may inquire into compliance with positive duty in relation to sex discrimination.
35B(1) Performance of inquiry function relating to positive duty in
The Commission must act fairly in the performance of its function.
35B(2) Performance of inquiry function relating to positive duty in
35B(3) Performance of inquiry function relating to positive duty in
Legally enforceable obligation to observe rules of natural justice
35B(4) Performance of inquiry function relating to positive duty in
Obligation to observe rules of natural justice
(4) Subsection (3) does not affect a legally enforceable obligation to observe the rules of natural justice.
35C Commission to notify person and give opportunity for making
written notice stating grounds on which inquiry commenced
Commission must notify person and give opportunity for making
35C(1) Commission to notify person and give opportunity for making
Commission must give person a reasonable opportunity to comply with positive duty in relation to sex discrimination.
35C(2) Commission to notify person and give opportunity for making
Sections 21, 22, 23 and 24 apply to Commission functions
35D Application of certain provisions of Division 3
australian-human-rights-commission-act-1986.pdf, p.60
Commission must notify person of finding and reasons, may recommend prevention.
35E Notification of findings and recommendations
35F Giving of compliance notice
The President must give a written notice to a person not complying with the positive duty in relation to sex discrimination.
35F(1) Giving of compliance notice
The President has a duty to give a written notice.
Commission with evidence that the person has taken, or refrained from taking, the specified action
The notice must set out the name of the person to whom the notice is given, brief details of the failure to comply, and specify action that the person must take.
35F(2) Giving of compliance notice
The notice must set out certain details.
No compliance notice can be given unless the undertaking is withdrawn, cancelled or expired.
35F(3) Giving of compliance notice
(3) However, if the President has accepted an undertaking...
australian-human-rights-commission-act-1986.pdf, p.61
35G Reconsideration of compliance notice
35G(1) Reconsideration of compliance notice
Requesting reconsideration is an obligation.
Reconsideration is possible if the person requests it.
Request for reconsideration of compliance notice must be made in writing and given to the President within 21 days.
35G(2) Reconsideration of compliance notice
President must reconsider compliance notice on request or initiative
35G(3) Reconsideration of compliance notice
Reconsideration of compliance notice upon request
35G(4) Reconsideration of compliance notice
(4) The President may reconsider a compliance notice given to a person without receiving a request if satisfied there is sufficient reason to do so.
Must act expeditiously in reconsidering a compliance notice.
35G(5) Reconsideration of compliance notice
Must affirm compliance notice after reconsideration
35G(6) Reconsideration of compliance notice
australian-human-rights-commission-act-1986.pdf, p.62
35H Review of compliance notice
35H(1) Review of compliance notice
Application must be made within a certain timeframe after receiving a compliance notice.
35H(1A) Review of compliance notice
Application must be made within the specified timeframe.
Court may stay operation of compliance notice on terms and conditions it considers appropriate.
35H(2) Review of compliance notice
Court's power to stay notice overlaps with application time.
(2) At any time after the application has been made, the court concerned may stay the operation of the notice on the terms and conditions that the court considers appropriate.
Court's decision to stay notice justified by application time.
Court recognizes application time as relevant to staying notice.
Court's power to stay notice diffuses application time.
Court may confirm, vary or cancel a compliance notice.
35H(3) Review of compliance notice
Court has an obligation to review and act on the compliance notice.
australian-human-rights-commission-act-1986.pdf, p.63
35J Enforcement of compliance notice
The President may apply for an order if a person has not complied with a compliance notice.
35J(1) Enforcement of compliance notice
Court may direct person to comply with notice.
35J(2) Enforcement of compliance notice
35K Enforceable undertakings
35K(1) Enforceable undertakings
President is an authorised person in relation to section 47C of the Sex Discrimination Act 1984.
35K(2) Enforceable undertakings
Section 47C of the Sex Discrimination Act 1984.
in relation to a regulatory power under Part 6 of the Regulatory Powers Act.
in relation to section 47C of the Sex Discrimination Act 1984.
Regulatory power diffused through authorisation
a regulatory power under Part 6 of the Regulatory Powers Act.
Regulatory power sub-classed through authorisation
australian-human-rights-commission-act-1986.pdf, p.65
35L Functions of Commission relating to systemic discrimination
Commission's functions include inquiring into systemic discrimination and performing related tasks.
35L(1) Functions of Commission relating to systemic discrimination
The Commission inquires into systemic discrimination during its term.
Commission's inquiry into systemic discrimination occurs during its term.
(1) The following functions are conferred on the Commission:
The Commission has a duty to inquire into systemic discrimination.
Commission's inquiry into systemic discrimination implies a duty to address it.
The Commission recognizes its role in addressing systemic discrimination.
Commission recognizes its role in addressing systemic discrimination.
(a) to inquire into any matter that may relate to systemic unlawful discrimination or suspected systemic unlawful discrimination;
Commission has a function to inquire into systemic discrimination.
The Commission diffuses knowledge about systemic discrimination.
Commission's inquiry into systemic discrimination diffuses knowledge about it.
Definition of systemic unlawful discrimination
35L(2) Functions of Commission relating to systemic discrimination
...systemic unlawful discrimination means...
Requires temporal intervals for analysis
systemic unlawful discrimination means...
...and (b) is continuous, repetitive or forms a pattern.
Commission may perform functions upon request or deemed desirable
35M Performance of functions relating to systemic discrimination
Application of certain provisions of Division 3 to the functions of the Commission
35N Application of certain provisions of Division 3
Treats references as if they were under inquiry in this Division
australian-human-rights-commission-act-1986.pdf, p.66
Commission must give a reasonable opportunity to a person to make submissions before making an adverse finding.
35P Commission to give opportunity for making of submissions
State must give a reasonable opportunity to a person.
Commission must not make an adverse finding without giving a reasonable opportunity.
Commission must give a reasonable opportunity to a person.
Obligation for Commission to give opportunity
Obligation for State to provide opportunity
State is obligated to provide an opportunity.
LegalPerson must give a reasonable opportunity to a person.
Obligation for LegalPerson to provide opportunity
LegalPerson is obligated to provide an opportunity.
Commission must make written submissions to the person.
Obligation for Commission to make submissions
35Q Reports
Commission may report to Minister or publish a report on inquiry.
35Q(1) Reports
Commission has the power to report or publish.
The Commission may include recommendations in its report.
35Q(2) Reports
australian-human-rights-commission-act-1986.pdf, p.67
36 Acting President and Human Rights Commissioner
The Minister may appoint a person to act as President during a vacancy or when the President is absent.
36(2) Acting President and Human Rights Commissioner
The Minister may appoint a person to act as Human Rights Commissioner.
36(3) Acting President and Human Rights Commissioner
The appointment is contingent on a specific time frame
(a) during a vacancy in the office of Human Rights Commissioner, (b) during any period, or during all periods, when the Human Rights Commissioner is absent from duty or from Australia,
Permission granted by the Minister to act as Human Rights Commissioner
(b) during any period, or during all periods, when the Human Rights Commissioner is absent from duty or from Australia,
Deems a non-member acting as President or Human Rights Commissioner to be a Commission member for specified sections.
36(9) Acting President and Human Rights Commissioner
australian-human-rights-commission-act-1986.pdf, p.68
37 Terms and conditions of appointment
Member's term of office is specified in their appointment instrument.
37(1) Terms and conditions of appointment
Member holds office for a specified period.
No appointment as President for more than 7 years
37(2) Terms and conditions of appointment
No appointment exceeding 7 years is allowed.
37(3) Terms and conditions of appointment
...for a period if the sum of...exceeds 7 years:
Temporal overlap between appointment term and limit
Recognition of appointment term as exceeding limit by AI
Prohibition of excessive appointment term
Diffusion of prohibition to all appointments
Eventual prohibition of excessive appointment term
Determined by Governor-General for matters not provided by the Act.
37(4) Terms and conditions of appointment
Governor-General determines obligations.
38 Remuneration and allowances
Appointed members must be paid remuneration as determined by the Remuneration Tribunal or prescribed.
38(1) Remuneration and allowances
Member must be paid prescribed allowances.
38(2) Remuneration and allowances
Subject to the Remuneration Tribunal Act 1973.
38(3) Remuneration and allowances
have effect subject to the Remuneration Tribunal Act 1973.
No remuneration under this Act while receiving salary or annual allowance as a Judge.
38(4) Remuneration and allowances
Person is not entitled to remuneration under this Act.
Person is entitled to remuneration under this Act.
australian-human-rights-commission-act-1986.pdf, p.69
39 Leave of absence
Recreation leave entitlements determined by the Remuneration Tribunal.
39(1) Leave of absence
Grant of leave of absence on terms and conditions determined by the Minister
39(1A) Leave of absence
Grant leave of absence from a meeting of the Commission.
39(2) Leave of absence
australian-human-rights-commission-act-1986.pdf, p.19
4 Operation of State and Territory laws
4 Apr 2002
4 Nov 2005
Privacy Amendment (Enhancing Privacy Protection) Act 2012
4 Dec 2012
4 Dec 2025
This Act does not exclude the operation of State or Territory laws.
4(1) Operation of State and Territory laws
(1) This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.
If certain conditions are met, the State must operate its laws.
4(2) Operation of State and Territory laws
Member may resign by writing to Governor-General
40 Resignation
41 Termination of appointment
The Governor-General may terminate the appointment of a member.
41(1) Termination of appointment
Prohibition on certain actions by members
41(2) Termination of appointment
australian-human-rights-commission-act-1986.pdf, p.70
43 Staff
Staff necessary to assist the Commission must be persons engaged under the Public Service Act 1999.
43(1) Staff
Staff must be persons engaged under the Public Service Act 1999.
The President and APS employees assisting the President constitute a Statutory Agency.
43(2) Staff
Commission may make administrative services available to the Information Commissioner.
43A Commission may make administrative services available to the
australian-human-rights-commission-act-1986.pdf, p.71
44 Meetings of the Commission
Commission may convene a meeting at any time.
44(1) Meetings of the Commission
The President must convene meetings of the Commission when necessary.
44(2) Meetings of the Commission
The President has a duty to convene meetings.
Quorum constituted by at least half of members holding office under section 8.
44(3) Meetings of the Commission
The President must preside at all meetings of the Commission when present.
44(4) Meetings of the Commission
The President has a duty to preside at all meetings of the Commission when present.
Members must elect a presider if the President is absent.
44(5) Meetings of the Commission
Majority vote required to determine questions at Commission meetings.
44(6) Meetings of the Commission
Requires majority vote for decision-making.
The person presiding at a meeting of the Commission has a deliberative vote.
44(7) Meetings of the Commission
Commission may regulate meeting conduct and keep minutes.
44(8) Meetings of the Commission
44A Money payable to the Commission
44A(1) Money payable to the Commission
(1) There is payable to the Commission such money as is appropriated by the Parliament for the purposes of the Commission.
Directions about payment amounts and times
44A(2) Money payable to the Commission
australian-human-rights-commission-act-1986.pdf, p.72
44B Application of money by the Commission
Money must be applied only for specific purposes.
44B(1) Application of money by the Commission
Investment of money not immediately required is permitted under section 59.
44B(2) Application of money by the Commission
Commission is not subject to taxation under a law of the Commonwealth or of a State or Territory.
44C Taxation
Annual report must cover Commission's operations during the period under this Act or any other enactment.
45 Annual report
Annual report must be prepared during this period
Temporal interval for annual report preparation
Period under section 46 of the Public Governance, Performance and Accountability Act 2013
CogAI inference for annual report preparation
Commission's operations during the period under this Act or any other enactment
Section 46 of the Public Governance, Performance and Accountability Act 2013
Minister under section 46 of the Public Governance, Performance and Accountability Act 2013
Annual report must be submitted during this period
Temporal interval for annual report submission
australian-human-rights-commission-act-1986.pdf, p.73
Reports must be tabled in Parliament within a specified timeframe.
46 Reports to be tabled in Parliament
australian-human-rights-commission-act-1986.pdf, p.75
46A Interpretation
human rights means: (a) the rights and freedoms recognised by the International Convention on the Elimination of All Forms of Racial Discrimination, a copy of which is set out in the Schedule to the Racial Discrimination Act 1975; and (b) the rights and freedoms recognised by the Covenant; and (c) the rights and freedoms declared by the Declarations or recognised or declared by any relevant international instrument.
Commissioner means the Aboriginal and Torres Strait Islander Social Justice Commissioner.
australian-human-rights-commission-act-1986.pdf, p.74
Must take account of corporate plan prepared by President.
46AA Corporate plan
The corporate plan must be taken into account after its preparation by the President.
Temporal interval of when the corporate plan must be taken into account.
Section 35 of the Public Governance, Performance and Accountability Act 2013
The artificial intelligence application is required to take account of the corporate plan.
Artificial intelligence application for taking account of the corporate plan.
The Commission must take account of the corporate plan.
Obligation to take account of corporate plan.
The diffusion of information about the corporate plan is required.
Diffusion of information about the corporate plan.
46B Aboriginal and Torres Strait Islander Social Justice
There must be an Aboriginal and Torres Strait Islander Social Justice Commissioner appointed by the Governor-General.
46B(1) Aboriginal and Torres Strait Islander Social Justice
No appointment under subsection (1) without significant experience and fair selection process.
46B(2) Aboriginal and Torres Strait Islander Social Justice
...unless the Minister is satisfied that...
Temporal interval for appointment process.
(2) A person must not be appointed under subsection (1)...
...Aboriginal and Torres Strait Islander Social Justice Commissioner
Prohibition of appointment without experience and fair process.
australian-human-rights-commission-act-1986.pdf, p.76
46C Functions of the Commission that are to be performed by the
Functions of the Commission that are to be performed by the Commission.
46C(1) Functions of the Commission that are to be performed by the
The functions of the Commission under subsection (1) are to be performed by the Commissioner on behalf of the Commission.
46C(2) Functions of the Commission that are to be performed by the
The Commissioner must submit reports to the Minister regarding human rights.
46C(2A) Functions of the Commission that are to be performed by the
Submit reports to the Minister regarding Native Title Act 1993 and its effect on Aboriginal persons' human rights.
46C(2B) Functions of the Commission that are to be performed by the
the operation of the Native Title Act 1993; and the effect of that Act on the enjoyment and exercise of human rights by Aboriginal persons and Torres Strait Islanders.
(2B) The Commissioner may submit reports to the Minister regarding:
Reports imply certain actions or consequences
to the Minister regarding Native Title Act 1993 and its effect on Aboriginal persons' human rights.
Reports to be shared with other entities
Ensure enjoyment and exercise of human rights by Aboriginal persons and Torres Strait Islanders.
46C(2C) Functions of the Commission that are to be performed by the
recommendations as to the action that should be taken
Temporal relation between reports and recommendations
(2C) A report under subsection (2A) or (2B)
Implication of recommendations on human rights
Classification of Aboriginal persons and Torres Strait Islanders using AI
Ensure enjoyment and exercise of human rights
Propagation of recommendations on human rights
Commissioner may consult certain organisations and agencies.
46C(3) Functions of the Commission that are to be performed by the
The Commissioner must have regard to certain human rights instruments.
46C(4) Functions of the Commission that are to be performed by the
The Commissioner's consideration of human rights instruments is not specified.
(4) In the performance of functions, or the exercise of powers, under this section,
the Commissioner must have regard to such other instruments relating to human rights as the Commissioner considers relevant.
The Commissioner must consider certain human rights instruments.
(a) the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Rights of the Child;
australian-human-rights-commission-act-1986.pdf, p.78
46D Terms and conditions of appointment
Commissioner's term of office and eligibility for re-appointment
46D(1) Terms and conditions of appointment
Commissioner is obligated to hold office
46D(1A) Terms and conditions of appointment
Prohibition of excessive appointment period
Terms and conditions of appointment determined by the Governor-General.
46D(2) Terms and conditions of appointment
46E Remuneration
Commissioner must be paid remuneration determined by the Remuneration Tribunal or prescribed.
46E(1) Remuneration
The Commissioner must be paid allowances prescribed by law.
46E(2) Remuneration
Remuneration subject to the Remuneration Tribunal Act 1973.
46E(3) Remuneration
46F Leave of absence
46F(1) Leave of absence
Leave entitlements apply during the Commissioner's term
(1) The Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal.
Commissioner must provide recreation leave entitlements
Commissioner's leave entitlements recognized by Remuneration Tribunal
Remuneration Tribunal determines leave entitlements
Grant leave of absence on terms and conditions determined by the Minister.
46F(2) Leave of absence
australian-human-rights-commission-act-1986.pdf, p.79
Commissioner cannot engage in paid employment outside office duties without Minister's approval.
46G Outside employment
Prohibition of paid employment outside office duties.
The Commissioner may resign from the office of Commissioner.
46H Resignation
46I Termination of appointment
Governor-General may terminate appointment of Commissioner due to misbehaviour or disability.
46I(1) Termination of appointment
Termination of appointment under certain conditions.
46I(2) Termination of appointment
Commissioner's absence from duty overlaps with termination.
australian-human-rights-commission-act-1986.pdf, p.80
The Minister may appoint a person to act as Commissioner.
46J Acting Commissioner
australian-human-rights-commission-act-1986.pdf, p.81
46K Commissioner may obtain information from government
Commissioner may request information from government agency
46K(1) Commissioner may obtain information from government
Commissioner must receive notice with specified details.
46K(2) Commissioner may obtain information from government
Government agency must not give information revealing individual's identity without consent.
46K(3) Commissioner may obtain information from government
Government agency must comply with document production requirement
46K(4) Commissioner may obtain information from government
Temporal interval for document production requirement
(4) If: ... (a) subsection (3) would prevent a government agency from complying...
Implication of document production requirement on government agency compliance
Recognition of document production requirement by artificial intelligence system
Spread of document production requirement to government agencies
australian-human-rights-commission-act-1986.pdf, p.82
The Commissioner must provide information to the Commission.
46L Commissioner must give information to the Commission
Minister must table report within 15 sitting days and send to Attorney-General within 7 days.
46M Minister must table etc. report of Commissioner
australian-human-rights-commission-act-1986.pdf, p.83
Establishment of National Children’s Commissioner
46MA National Children’s Commissioner
There is to be a National Children’s Commissioner.
46MB Functions of Commission that are to be performed by the
Functions of Commission that are to be performed by the Commission.
46MB(1) Functions of Commission that are to be performed by the
The functions of the Commission under this section are to be performed by the National Children’s Commissioner on behalf of the Commission.
46MB(2) Functions of Commission that are to be performed by the
Specifies the temporal relationship between the functions and their performers
(2) The functions of the Commission under this section are to be performed by the National Children’s Commissioner on behalf of the Commission.
Establishes a causal relationship between the functions and their performers
Draws conclusions based on the information about the functions and their performers
Transmits information about the functions and their performers
Submit reports to the Minister on human rights matters related to children in Australia.
46MB(3) Functions of Commission that are to be performed by the
Recommendations for action to ensure human rights enjoyment by children in Australia
46MB(3A) Functions of Commission that are to be performed by the
australian-human-rights-commission-act-1986.pdf, p.86
46MC Appointment of National Children’s Commissioner
Appointment of National Children’s Commissioner
46MC(1) Appointment of National Children’s Commissioner
Appointment of the National Children’s Commissioner
Minister must be satisfied with qualifications and selection process before appointing National Children’s Commissioner.
46MC(2) Appointment of National Children’s Commissioner
Minister must satisfy conditions before appointment.
Reappointment exception for National Children’s Commissioner
46MC(3) Appointment of National Children’s Commissioner
Exempts reappointment of National Children’s Commissioner from paragraph (2)(b)
46MD Period of appointment
Specifies the period of appointment for the National Children’s Commissioner.
46MD(1) Period of appointment
Limitation on appointment period of National Children’s Commissioner
46MD(2) Period of appointment
Prohibits appointment for more than 7 years
australian-human-rights-commission-act-1986.pdf, p.87
The Minister may appoint a person to act as the National Children’s Commissioner.
46ME Acting appointment
australian-human-rights-commission-act-1986.pdf, p.88
46MF Remuneration and allowances
Member must be paid remuneration determined by Remuneration Tribunal or prescribed regulations.
46MF(1) Remuneration and allowances
Member has an obligation to be paid remuneration.
The National Children’s Commissioner must be paid allowances prescribed by regulations.
46MF(2) Remuneration and allowances
Conditional effect subject to the Remuneration Tribunal Act 1973.
46MF(3) Remuneration and allowances
46MG Leave of absence
46MG(1) Leave of absence
The recreation leave entitlements apply during the employment of the National Children’s Commissioner
Leave entitlements apply during employment
The National Children’s Commissioner has the recreation leave entitlements
If the National Children’s Commissioner is employed, then they have the recreation leave entitlements
Remuneration Tribunal determines recreation leave entitlements
46MG(2) Leave of absence
Prohibition on outside employment without approval
46MH Outside employment
The National Children’s Commissioner must not engage in paid employment outside the duties of his or her office without the approval of the Minister.
46MI Resignation
National Children’s Commissioner may resign by giving written notice to the Governor-General.
46MI(1) Resignation
Resignation takes effect on the day it is received by the Governor-General or a later specified day.
46MI(2) Resignation
australian-human-rights-commission-act-1986.pdf, p.89
46MJ Termination of appointment
The two provisions have overlapping conditions.
The absence provision overlaps with the bankruptcy provision.
Both provisions specify a period of time during which the Commissioner's appointment can be terminated.
The Governor-General has the power to make decisions about the Commissioner's appointment.
The legislation implies that the Governor-General has discretion in terminating the Commissioner's appointment.
The Governor-General is given authority to terminate the Commissioner's appointment under certain conditions.
The Commissioner's appointment can only be terminated under specific circumstances.
Termination of appointment is prohibited under certain conditions.
The Governor-General may not terminate the appointment without following these procedures.
Termination of appointment leads to a change in the Commissioner's status.
Termination of appointment implies a change in the Commissioner's status.
When the Commissioner's appointment is terminated, their role and responsibilities are affected.
The absence provision has a repeating pattern.
The absence provision repeats every 12 months.
The Commissioner is absent for 14 consecutive days, and this can happen again in the next 12 months.
Terms and conditions for National Children’s Commissioner office
46MK Other terms and conditions
australian-human-rights-commission-act-1986.pdf, p.90
46ML National Children’s Commissioner may obtain information
Agency must provide information or document to the Commissioner upon request.
46ML(1) National Children’s Commissioner may obtain information
Agency must provide information or document.
Notice must state place and time for information or document production.
46ML(2) National Children’s Commissioner may obtain information
The time or period stated must be reasonable.
46ML(3) National Children’s Commissioner may obtain information
Cannot give information revealing individual's identity without consent.
46ML(4) National Children’s Commissioner may obtain information
Agency must comply with requirement to produce document with information deleted.
46ML(5) National Children’s Commissioner may obtain information
May obtain information from Commonwealth government agencies
46ML(6) National Children’s Commissioner may obtain information
australian-human-rights-commission-act-1986.pdf, p.91
Must provide information to the Commission.
46MM National Children’s Commissioner must give information to
Minister must table reports of National Children’s Commission within 15 sitting days.
46MN Minister must table reports of National Children’s
australian-human-rights-commission-act-1986.pdf, p.92
46P Lodging a complaint
A written complaint may be lodged with the Commission alleging unlawful discrimination.
46P(1) Lodging a complaint
Imposes a duty on NaturalPerson to lodge a complaint.
Must be reasonably arguable that the alleged acts, omissions or practices are unlawful discrimination.
46P(1A) Lodging a complaint
It must be reasonably arguable that the alleged acts, omissions or practices are unlawful discrimination.
Details of alleged acts, omissions or practices
Complaint must provide details of alleged acts, omissions or practices.
46P(1B) Lodging a complaint
Complaint may be lodged by a person or on behalf of others
46P(2) Lodging a complaint
No separate complaint for the same subject matter.
46P(3) Lodging a complaint
Commission must provide assistance to a person making a complaint.
46P(4) Lodging a complaint
australian-human-rights-commission-act-1986.pdf, p.93
46PA Amendment of complaint
Complainant may amend complaint with leave of President.
46PA(1) Amendment of complaint
No implication that other amendment powers are limited.
46PA(2) Amendment of complaint
46PB Conditions for lodging a representative complaint
Conditions for lodging a representative complaint
46PB(1) Conditions for lodging a representative complaint
Must be met for lodging a representative complaint
(1) A representative complaint may be lodged under section 46P only...
Must provide conditions for lodging a representative complaint
46PB(2) Conditions for lodging a representative complaint
australian-human-rights-commission-act-1986.pdf, p.94
46PC Additional rules applying to representative complaints
Withdrawal from representative complaint
46PC(1) Additional rules applying to representative complaints
President may replace complainant with another person on application.
46PC(2) Additional rules applying to representative complaints
Notice may be given to class members at any stage by the President.
46PC(3) Additional rules applying to representative complaints
The Commission must refer a complaint to the President.
46PD Referral of complaint to President
46PE Complaints against the President, Commission or a
Complaints against the President, Commission or a Commissioner
46PE(1) Complaints against the President, Commission or a
(a) the President; or (b) the Commission; or (c) a Commissioner.
Identifies the subject of the obligation
(1) This section applies to a complaint if any of the respondents to the complaint is:
(a) the President; or (b) the Commission.
President must terminate complaint if all affected persons agree.
46PE(2) Complaints against the President, Commission or a
Notification requirements after complaint termination
46PE(3) Complaints against the President, Commission or a
Obligation to comply with notification requirements
Cannot delegate powers except under paragraph 19(2)(b)
46PE(4) Complaints against the President, Commission or a
australian-human-rights-commission-act-1986.pdf, p.95
46PF Inquiry by President
The President must consider a complaint and attempt to conciliate it.
46PF(1) Inquiry by President
The President must consider a complaint.
President may inform himself/herself of necessary facts and circumstances.
46PF(1A) Inquiry by President
President's action overlaps with the class of possible actions.
President justifies his/her decision to inform himself/herself.
President has knowledge of necessary facts and circumstances.
President may have possibility to inform himself/herself.
Notification requirements must be complied with after terminating a complaint.
46PF(1B) Inquiry by President
Allow President to hold single inquiry or conduct single conciliation for multiple complaints.
46PF(2) Inquiry by President
australian-human-rights-commission-act-1986.pdf, p.98
46PG Withdrawal of complaint
Complainant may withdraw complaint with President's leave.
46PG(1) Withdrawal of complaint
Defines the temporal interval for withdrawal
(1) Any complainant to a complaint may withdraw the complaint, with the leave of the President.
Grant leave if all affected persons agree to withdrawal of the complaint.
46PG(2) Withdrawal of complaint
The President must grant leave if all affected persons agree.
if all affected persons agree to withdrawal of the complaint.
Reasonable conclusion based on agreement.
The President is satisfied that they all agree.
46PH Termination of complaint
The President may terminate a complaint under certain grounds.
46PH(1) Termination of complaint
46PH(1A) Termination of complaint
Must terminate complaint if trivial, vexatious, misconceived or lacking in substance.
46PH(1B) Termination of complaint
The termination interval CONTAINS the complaint interval
Termination interval contains the complaint interval
(1B) The President must terminate a complaint if...
The termination IMPLIES that the complaint is trivial, vexatious, misconceived or lacking in substance
Termination implies that the complaint is trivial, vexatious, misconceived or lacking in substance
The termination IS A termination obligation in CogAI
Termination is a subclass of termination obligation in CogAI
The President MUST terminate a complaint...
The termination diffusion IS A termination obligation
Termination diffusion is a subclass of termination obligation
Must terminate complaint if no reasonable prospect of court satisfaction
46PH(1C) Termination of complaint
australian-human-rights-commission-act-1986.pdf, p.100
46PI President’s power to obtain information
The President must obtain information from a person if they have reason to believe the person can provide relevant information or documents.
46PI(1) President’s power to obtain information
Continuous inquiry into relevant information or documents
signed document containing relevant information and/or produce relevant documents
The President may serve a written notice requiring the person to provide information.
46PI(2) President’s power to obtain information
Either provide signed document or produce documents
The President may serve a written notice
Require the person to provide information
Within a reasonable period specified in the notice
Officer of the body corporate must sign document
46PI(3) President’s power to obtain information
President may take possession of document, make copies or extracts, and retain it for inquiry purposes.
46PI(4) President’s power to obtain information
Permission to take possession of document
Allow inspection of documents at reasonable times.
46PI(5) President’s power to obtain information
australian-human-rights-commission-act-1986.pdf, p.101
46PJ President may hold conferences
The President may hold a conference to conciliate a complaint.
46PJ(1) President may hold conferences
The President may invite complainants, respondents, or other persons to attend a conference.
46PJ(2) President may hold conferences
The CogAI system recognizes the President's authority.
The President's permission diffuses to all parties involved.
The President's permission implies the possibility of attending the conference.
The N3Logic rule subsumes the President's permission.
australian-human-rights-commission-act-1986.pdf, p.103
46PK Proceedings at conferences
Prevents admissibility of evidence fromconciliation proceedings in other cases. Conference proceedings must be conducted in an appropriate manner.
46PK(1) Proceedings at conferences
Defines temporal interval for admissibility
(1) Evidence of anything said or done by a person in the course of theconciliation of a complaint...
The conference occurs within a specific timeframe.
Conference proceedings must occur within a specific timeframe.
(1) Subject to this section, a conference mentioned in subsection 46PJ(1) is to be conducted in such manner as the person presiding at the conference considers appropriate.
Provides rebuttal to admissibility claims
The conference is recognized by AI systems.
Conference proceedings are recognized by AI systems.
The person presiding must conduct the proceedings in an appropriate manner.
Obligation to conduct proceedings appropriately.
The conference spreads to other entities.
Conference proceedings spread to other entities.
Conference proceedings have a next occurrence.
Conference proceedings must be conducted in private.
46PK(2) Proceedings at conferences
Prohibition of public conference proceedings.
(2) The conference is to be conducted in private.
46PK(3) Proceedings at conferences
The person presiding must take all reasonable steps...
(3) The person presiding at the conference...
Individuals and bodies cannot be represented at conferences by others or non-officer/employee representatives.
46PK(4) Proceedings at conferences
Restricts representation to within temporal interval of conference.
(4) Unless the person presiding at the conference consents:
Prohibits representation at conferences.
Prohibits non-officer/employee representation.
(b) a body (whether or not incorporated) is not entitled to be represented at the conference otherwise than by a person who is an officer or employee of the body.
Entitlement to nominate another person to attend on behalf of an individual with a disability.
46PK(5) Proceedings at conferences
Individuals with disabilities can nominate another person to assist at conferences.
46PK(6) Proceedings at conferences
Individuals with disabilities have a right.
If an individual has a disability, then they can nominate another person to assist at conferences.
Definition of disability for purposes of this section.
46PK(7) Proceedings at conferences
Same meaning for purposes of this section during its commencement.
Disability has the same meaning as in the Disability Discrimination Act 1992.
Same meaning for purposes of this section.
Certain proceedings have a prohibition on using things said in conciliation.
Prohibition on using certain proceedings
Things said in conciliation are not admissible in evidence in certain proceedings.
australian-human-rights-commission-act-1986.pdf, p.104
46PM Failure to give information or produce documents
Must provide information or produce documents under section 46PI.
46PM(1) Failure to give information or produce documents
Must provide information or produce documents.
Must provide information or documents with a reasonable excuse.
46PM(1A) Failure to give information or produce documents
Exemption from subsection 4K(2) of the Crimes Act 1914
46PM(2) Failure to give information or produce documents
Subsection 4K(2) of the Crimes Act 1914 does not apply to this section.
Failure to provide information or documents under certain circumstances is not a breach of obligation.
46PM(3) Failure to give information or produce documents
The exemption from obligation is valid within the specified temporal interval.
Temporal interval for exemption from obligation.
The individual has a reasonable excuse for refusing to answer a question or produce a document on the ground that the answer or the production of the document might tend to incriminate the individual or to expose the individual to a penalty.
The cognitive agent recognizes the exemption from obligation.
Cognitive agent for exemption from obligation.
There is no obligation to provide the information or document.
Exemption from providing information or documents under certain circumstances.
The individual has a reasonable excuse for refusing to answer a question or produce a document.
The exemption from obligation diffuses to other individuals under similar circumstances.
The subsection does not limit what is a reasonable excuse for the purposes of this section.
The exemption from obligation is valid within the recurring trace.
Recurring trace for exemption from obligation.
Giving false or misleading information is prohibited.
46PN False or misleading information
Prohibition of providing false information
australian-human-rights-commission-act-1986.pdf, p.105
46PO Application to court if complaint is terminated
Application to court if complaint is terminated
46PO(1) Application to court if complaint is terminated
(an application may be made to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2), alleging unlawful discrimination by one or more of the respondents to the terminated complaint.)
Application is within a temporal interval
(1) If: (a) a complaint has been terminated by the President under section 46PE, paragraph 46PF(1)(b) or section 46PH; and (b) the President has given a notice to any person under subsection 46PH(2) in relation to the termination;
State has permission to make application
Time limit for application to court after notice issue
46PO(2) Application to court if complaint is terminated
Application for making a complaint may be made by affected persons or trade unions.
46PO(2A) Application to court if complaint is terminated
australian-human-rights-commission-act-1986.pdf, p.109
46PP Interim injunction to maintain status quo etc.
Grant interim injunction to maintain status quo or complainant's rights.
46PP(1) Interim injunction to maintain status quo etc.
Granting an interim injunction is a duty.
46PP(2) Interim injunction to maintain status quo etc.
Injunction cannot be granted after withdrawal or termination of certain events.
46PP(3) Interim injunction to maintain status quo etc.
Prohibition on granting injunction after specified conditions.
Court may discharge or vary an injunction.
46PP(4) Interim injunction to maintain status quo etc.
Court cannot require a person to give an undertaking as a condition of granting the interim injunction.
46PP(5) Interim injunction to maintain status quo etc.
Court cannot impose an obligation on a person.
Party may appear in person or be represented by a barrister, solicitor, or another person.
46PQ Right of representation
Right to appear in person or be represented.
australian-human-rights-commission-act-1986.pdf, p.110
Court not bound by technicalities in proceedings under this Division.
46PR Court not bound by technicalities
46PS Report by President to court
Respondent liable for costs in proceedings related to an application under section 46PO. The President may provide a written report to the court.
46PS(1) Report by President to court
Court must order respondents to pay applicant's costs if successful. Prohibition on reporting conciliation proceedings
46PS(2) Report by President to court
Court must order respondents to pay applicant's costs.
Prevents reporting of conciliation proceedings
Grant permission to share report with applicant, respondent, and Commission members. Court may order costs to be paid by respondent on indemnity basis or otherwise.
46PS(3) Report by President to court
Court may not order respondent to pay costs incurred due to applicant's unreasonable act or omission.
46PS(4) Report by President to court
Court may not order payment if applicant is liable for costs.
Applicant cannot be ordered to pay costs incurred by another party.
46PS(5) Report by President to court
If applicant is ordered to pay, then another party must be responsible.
Pay costs if court finds applicant acted vexatiously or without reasonable cause.
46PS(6) Report by President to court
Court cannot award costs against person other than applicant's behalf.
46PS(7) Report by President to court
...the court concerned to award costs against a person on whose behalf the application is made other than the person who made the application.
Temporal overlap between 'representative application' and 'court decision'
(7) In the case of a representative application...
Inference of 'representative application' and 'court decision'
...other than the person who made the application.
Diffusion of 'representative application' and 'court decision'
Recurring trace of 'representative application' and 'court decision'
australian-human-rights-commission-act-1986.pdf, p.112
The Commission may help a person to prepare the forms required for an application.
46PT Assistance by Commission
46PU Assistance in proceedings before the court
A person may apply to the Attorney-General for assistance in proceedings.
46PU(1) Assistance in proceedings before the court
Attorney-General may authorise provision of legal or financial assistance to a person in proceedings.
46PU(2) Assistance in proceedings before the court
Attorney-General may authorise provision of assistance.
46PV Amicus curiae function of Commission members
Special-purpose Commissioner has a duty to assist in certain proceedings as amicus curiae.
46PV(1) Amicus curiae function of Commission members
Special-purpose Commissioner has a duty to assist.
Commission members must obtain court leave to exercise amicus curiae function.
46PV(2) Amicus curiae function of Commission members
Defines special-purpose Commissioner roles.
46PV(3) Amicus curiae function of Commission members
australian-human-rights-commission-act-1986.pdf, p.114
46PW Referral of discriminatory industrial instruments to the Fair
Complaints can be lodged with the Commission by specific individuals or groups.
46PW(1) Referral of discriminatory industrial instruments to the Fair
Specific individuals or groups can lodge complaints
Commission must notify the President upon receiving a complaint.
46PW(2) Referral of discriminatory industrial instruments to the Fair
President must refer discriminatory industrial instruments to the Fair Work Commission under certain conditions.
46PW(3) Referral of discriminatory industrial instruments to the Fair
Notice of decision to not refer industrial instrument
46PW(4) Referral of discriminatory industrial instruments to the Fair
The President MUST give notice in writing...
Notice must be given to complainants after referral to the Fair Work Commission.
46PW(5) Referral of discriminatory industrial instruments to the Fair
Allowance to obtain documents or information under section 46PI for the purposes of this section.
46PW(6) Referral of discriminatory industrial instruments to the Fair
Defines discriminatory act under an industrial instrument
46PW(7) Referral of discriminatory industrial instruments to the Fair
but for the fact that the act was done in direct compliance with an industrial instrument.
Act must be done in direct compliance with industrial instrument during its effective period
(7) In this section: discriminatory act under an industrial instrument means an act that would be unlawful under ...
discriminatory act under an industrial instrument means an act that would be unlawful under ...
(a) Part 4 of the Age Discrimination Act 2004; or (b) Part 2 of the Disability Discrimination Act 1992; or (c) Part II of the Sex Discrimination Act 1984
... but for the fact that the act was done in direct compliance with an industrial instrument.
Industrial instrument is a legal provision
Industrial instrument is a fair work instrument or transitional instrument
(a) a fair work instrument (within the meaning of the Fair Work Act 2009); or (b) a transitional instrument, or a Division 2B State instrument
Act must cease being discriminatory after industrial instrument ceases to apply
Act not reasonable even if in direct compliance with industrial instrument
46PW(8) Referral of discriminatory industrial instruments to the Fair
The fact that an act is done in direct compliance with the industrial instrument does not mean it is reasonable.
(8) For the purposes of the definition of discriminatory act under an industrial instrument...
australian-human-rights-commission-act-1986.pdf, p.115
Complaints of discriminatory acts can be lodged with the Commission.
46PX Referral of discriminatory determinations to the
australian-human-rights-commission-act-1986.pdf, p.117
46PY Referral of discriminatory determinations to the Defence
Complaints can be lodged with the Commission by individuals or groups
46PY(1) Referral of discriminatory determinations to the Defence
46PY(2) Referral of discriminatory determinations to the Defence
President must refer discriminatory determination to Defence Force Remuneration Tribunal under certain conditions.
46PY(3) Referral of discriminatory determinations to the Defence
Notice of decision to not refer discriminatory determination
46PY(4) Referral of discriminatory determinations to the Defence
australian-human-rights-commission-act-1986.pdf, p.119
46PZ Transfer of complaints from the Inspector-General of
Transfer of complaints from the Inspector-General of Intelligence and Security to the Commission
46PZ(1) Transfer of complaints from the Inspector-General of
Transfer of complaints from the Inspector-General of
46PZ(2) Transfer of complaints from the Inspector-General of
The determination is not a legislative instrument.
46PZ(3) Transfer of complaints from the Inspector-General of
47 Declaration of international instruments
Declaration of international instruments
47(1) Declaration of international instruments
Classifies the legal effect as Undertaking
Declaration must include a copy of the international instrument and its ratification/accession document.
47(2) Declaration of international instruments
australian-human-rights-commission-act-1986.pdf, p.120
48 Protection from civil actions
Protection from civil actions for Commission and its members
48(1) Protection from civil actions
Protection from civil actions for good faith performance of functions or exercise of powers.
48(2) Protection from civil actions
Protection from civil actions for making a complaint or submission to the Commission.
48(3) Protection from civil actions
49 Non-disclosure of private information
49(1) Non-disclosure of private information
A person with certain office or employment under the Act shall not divulge information about another person.
49(2) Non-disclosure of private information
Prohibition on disclosure of private information
Permits making a record of information required by an Act for specific purposes.
49(3) Non-disclosure of private information
Includes in a class of information required by an Act
australian-human-rights-commission-act-1986.pdf, p.123
Duty to provide a document containing a clear reproduction in writing of the information when stored otherwise than in written form.
49A Information stored otherwise than in written form
Imposes a duty on the state to provide a document containing a clear reproduction in writing of the information.
Defines a subclass of documents that must be provided by the state when storing information otherwise than in written form.
Concurrent jurisdiction with respect to civil matters arising under Part II, IIB or IIC.
49B Jurisdiction of Federal Court and Federal Circuit and Family
49C Compensation for acquisition of property
Compensation for acquisition of property on just terms
49C(1) Compensation for acquisition of property
Federal Court and Federal Circuit and Family Court of Australia have concurrent jurisdiction.
49C(2) Compensation for acquisition of property
australian-human-rights-commission-act-1986.pdf, p.20
This Act extends to every external Territory.
5 Extension to external Territories
National Security Legislation Amendment Act (No 1) 2014
Holds true for all external Territories.
australian-human-rights-commission-act-1986.pdf, p.124
Regulations may be made by Governor-General
50 Regulations
6 Extent to which Act binds the Crown
australian-human-rights-commission-act-1986.pdf, p.157
6 May 1975 on the prevention of disability and the rehabilitation of disabled
Disabled persons have inherent right to respect for their human dignity
Disabled persons are entitled to measures for self-reliance
6 Dec 1986
6 Apr 2001
Conditional commencement of Intelligence Services Legislation Amendment Act 2005
6 July 2005
The Act binds the Crown in right of the Commonwealth, but not in right of a State.
6(1) Extent to which Act binds the Crown
The Act binds the Crown in right of the States.
6(1A) Extent to which Act binds the Crown
Part IIB applies from that date onwards.
Specifies the temporal duration of the obligation.
The Act comes into force on a specified date.
The Crown in right of the States is bound.
The Crown is not liable to prosecution for an offence.
6(2) Extent to which Act binds the Crown
Crown's liability is implied by the absence of prosecution
(2) Nothing in this Act renders the Crown...
Crown's liability is a logical consequence of the absence of prosecution
Chapter 2 of the Criminal Code applies to all offences against this Act.
6A Application of the Criminal Code
australian-human-rights-commission-act-1986.pdf, p.21
7 Australian Human Rights Commission
Establishes the Australian Human Rights Commission.
7(1) Australian Human Rights Commission
Creates an obligation to establish a commission.
The Commission shall have a common seal.
7(2) Australian Human Rights Commission
Judges and persons acting judicially must take notice of the Commission's seal.
7(3) Australian Human Rights Commission
8 Constitution of Commission
Fair Work Amendment (State Referrals and Other Measures) Act 2009
8 July 2009
australian-human-rights-commission-act-1986.pdf, p.22
8A The President
The President must be appointed by the Governor-General.
8A(1) The President
Must satisfy qualifications and selection process
8A(1A) The President
The reappointment of a person who previously held the office of President under a previous appointment is exempt from paragraph (1A)(b).
8A(1B) The President
The President is the senior member of the Commission.
8A(2) The President
The President is responsible for managing the administrative affairs of the Commission.
8A(3) The President
The President's responsibility includes managing administrative affairs.
The President's responsibility overlaps with the Commission's administrative affairs.
(3) The President is responsible for managing the administrative affairs of the Commission.
The President must manage administrative affairs.
Managing administrative affairs implies a responsibility on the part of the President.
The President has an obligation to manage administrative affairs.
Managing administrative affairs diffuses responsibility to other officials.
The President is the accountable authority of the Commission.
8A(4) The President
The President's term begins during the Commission's existence.
Temporal relationship: The President's term begins during the Commission's existence.
The Public Governance, Performance and Accountability Act 2013 establishes the Commission.
The President has a responsibility to the Commission.
The President's accountability implies their responsibility to the Commission.
The President is accountable to the Commission.
Artificial intelligence recognizes the President's accountability.
Artificial intelligence recognizes the President as an accountable authority.
The President is an accountable authority.
The President has an obligation to be accountable.
Accountability diffuses to the Commission's members.
The Commission's existence diffuses accountability to its members.
The Commission exists and is accountable.
The President has power to do all things necessary or convenient.
8A(5) The President
australian-human-rights-commission-act-1986.pdf, p.23
8B The Human Rights Commissioner
The Human Rights Commissioner must be appointed by the Governor-General.
8B(1) The Human Rights Commissioner
Must have appropriate qualifications, knowledge or experience for appointment as Human Rights Commissioner.
8B(2) The Human Rights Commissioner
Must have qualifications, knowledge or experience.
No application of paragraph (2)(b) to reappointment of a person immediately before the start of the period of
8B(3) The Human Rights Commissioner
australian-human-rights-commission-act-1986.pdf, p.13
9 December 1975, a copy of the English text of which is set
9 Arrangement for appointment of the holder of a judicial office of a
Governor-General must enter into arrangement with Governor of State to secure services of judicial office holder.
9(1) Arrangement for appointment of the holder of a judicial office of a
Governor-General must enter into arrangement.
Commonwealth to reimburse a State with respect to the services of the person to whom the arrangement relates.
9(2) Arrangement for appointment of the holder of a judicial office of a
9 Dec 2009
Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022
9 Nov 2022
Imposes an obligation on the legislative body to amend anti-discrimination legislation.
australian-human-rights-commission-act-1986.pdf, p.1
Compilation information and notes on amendments.
4 June 2026
This compilation shows the text of the law as amended and in force on 4 June 2026.
Classifies the text as a compilation of the Australian Human Rights Commission Act 1986.
The text is classified as a compilation.
Details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes.
Provides information about amending laws and amendment history.
The notes at the end include information about amending laws.
Uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Describes the effect of uncommenced amendments.
The effect of uncommenced amendments is not shown in the text of the compiled law.
Provides information about applications, saving, and transitional provisions.
If the operation of a provision or amendment is affected by an application, saving, or transitional provision.
Presentational changes are applied to give a more consistent look and feel to legislation published on the Register.
Describes presentational changes to the compilation.
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes.
The compiled law operates as modified but the modification does not amend the text of the law.
Describes modifications to the compiled law.
If the compiled law is modified by another law.
australian-human-rights-commission-act-1986.pdf, p.6
Must provide reports of National Children’s Commissioner to Minister
Australian Human Rights Commission Act 1986