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