Commonwealth Consolidated Acts

AUSTRALIAN HUMAN RIGHTS COMMISSION ACT 1986

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Interpretation  
   4.      Operation of State and Territory laws  
   5.      Extension to external Territories  
   6.      Extent to which Act binds the Crown  
   6A.     Application of the Criminal Code  

   PART II--AUSTRALIAN--HUMAN RIGHTS COMMISSION

           Division 1--Establishment and Constitution of Commission

   7.      Australian Human Rights Commission  
   8.      Constitution of Commission  
   8A.     The President  
   8B.     The Human Rights Commissioner  
   9.      Arrangement for appointment of the holder of a judicial office of a State  
   10.     Appointment of Judge as member not to affect tenure etc.  

           Division 2--Duties, functions and powers of Commission

   10A.    Duties of Commission  
   11.     Functions of Commission  
   13.     Powers of Commission  
   14.     Form of examinations or inquiries to be at discretion of Commission etc.  
   15.     Commission may engage in consultations  
   16.     Inter - governmental arrangements  
   18.     Declarations by Minister  
   19.     Delegation  

           Division 3--Functions relating to human rights

   19A.    Division applies to victimisation offences  
   20.     Performance of functions relating to human rights  
   20A.    Reports to the Minister  
   21.     Power to obtain information and documents  
   22.     Power to examine witnesses  
   23.     Failure to comply with requirement  
   24.     Disclosure of information or contents of documents  
   26.     Offences relating to administration of Act  
   27.     Commission to give opportunity for making of submissions  
   28.     Nature of settlements  
   29.     Reports to contain recommendations  

           Division 4--Functions relating to equal opportunity in employment

   30.     Interpretation etc.  
   31.     Functions of Commission relating to equal opportunity  
   32.     Performance of functions relating to equal opportunity  
   32A.    Reports to the Minister  
   33.     Application of certain provisions of Division 3  
   34.     Nature of settlements  
   35.     Reports to contain recommendations  

           Division 4A--Functions relating to positive duty in relation to sex discrimination

   35A.    Functions of Commission relating to positive duty in relation to sex discrimination  
   35AA.   Performance of functions relating to positive duty in relation to sex discrimination  
   35B.    Performance of inquiry function relating to positive duty in relation to sex discrimination  
   35C.    Commission to notify person and give opportunity for making of submissions  
   35D.    Application of certain provisions of Division 3  
   35E.    Notification of findings and recommendations  
   35F.    Giving of compliance notice  
   35G.    Reconsideration of compliance notice  
   35H.    Review of compliance notice  
   35J.    Enforcement of compliance notice  
   35K.    Enforceable undertakings  

           Division 4B--Functions relating to systemic discrimination

   35L.    Functions of Commission relating to systemic discrimination  
   35M.    Performance of functions relating to systemic discrimination  
   35N.    Application of certain provisions of Division 3  
   35P.    Commission to give opportunity for making of submissions  
   35Q.    Reports  

           Division 5--Administrative provisions

   36.     Acting President and Human Rights Commissioner  
   37.     Terms and conditions of appointment  
   38.     Remuneration and allowances  
   39.     Leave of absence  
   40.     Resignation  
   41.     Termination of appointment  
   43.     Staff  
   43A.    Commission may make administrative services available to the Information Commissioner  
   44.     Meetings of the Commission  
   44A.    Money payable to the Commission  
   44B.    Application of money by the Commission  
   44C.    Taxation  
   45.     Annual report  
   46.     Reports to be tabled in Parliament  

           Division 6--Corporate plan

   46AA.   Corporate plan  

   PART IIA--ABORIGINAL--AND TORRES STRAIT ISLANDER SOCIAL JUSTICE COMMISSIONER

           Division 1--Establishment and functions

   46A.    Interpretation  
   46B.    Aboriginal and Torres Strait Islander Social Justice Commissioner  
   46C.    Functions of the Commission that are to be performed by the Commissioner etc.  

           Division 2--Administrative provisions

   46D.    Terms and conditions of appointment  
   46E.    Remuneration  
   46F.    Leave of absence  
   46G.    Outside employment  
   46H.    Resignation  
   46I.    Termination of appointment  
   46J.    Acting Commissioner  

           Division 3--Miscellaneous

   46K.    Commissioner may obtain information from government agencies  
   46L.    Commissioner must give information to the Commission  
   46M.    Minister must table etc. report of Commissioner  

   PART IIAA--NATIONAL--CHILDREN'S COMMISSIONER

           Division 1--Establishment and functions

   46MA.   National Children's Commissioner  
   46MB.   Functions of Commission that are to be performed by the National Children's Commissioner etc.  

           Division 2--Appointment

   46MC.   Appointment of National Children's Commissioner  
   46MD.   Period of appointment  
   46ME.   Acting appointment  

           Division 3--Terms and conditions

   46MF.   Remuneration and allowances  
   46MG.   Leave of absence  
   46MH.   Outside employment  
   46MI.   Resignation  
   46MJ.   Termination of appointment  
   46MK.   Other terms and conditions  

           Division 4--Miscellaneous

   46ML.   National Children's Commissioner may obtain information from Commonwealth government agencies  
   46MM.   National Children's Commissioner must give information to the Commission  
   46MN.   Minister must table reports of National Children's Commissioner  

   PART IIB--REDRESS--FOR UNLAWFUL DISCRIMINATION

           Division 1--Conciliation by the President

   46P.    Lodging a complaint  
   46PA.   Amendment of complaint  
   46PB.   Conditions for lodging a representative complaint  
   46PC.   Additional rules applying to representative complaints  
   46PD.   Referral of complaint to President  
   46PE.   Complaints against the President, Commission or a Commissioner  
   46PF.   Inquiry by President  
   46PG.   Withdrawal of complaint  
   46PH.   Termination of complaint  
   46PI.   President's power to obtain information  
   46PJ.   President may hold conferences  
   46PK.   Proceedings at conferences  
   46PKA.  Things said in conciliation are not admissible in evidence in certain proceedings  
   46PM.   Failure to give information or produce documents  
   46PN.   False or misleading information  

           Division 2--Proceedings in the Federal Court and the Federal Circuit and Family Court of Australia (Division 2)

   46PO.   Application to court if complaint is terminated  
   46POA.  Conditions for making a representative application  
   46POB.  Additional rules applying to representative applications  
   46PP.   Interim injunction to maintain status quo etc.  
   46PQ.   Right of representation  
   46PR.   Court not bound by technicalities  
   46PS.   Report by President to court  
   46PSA.  Costs  
   46PT.   Assistance by Commission  
   46PU.   Assistance in proceedings before the court  
   46PV.   Amicus curiae function of Commission members  

   PART IIC--REFERRAL--OF DISCRIMINATORY AWARDS AND DETERMINATIONS TO OTHER BODIES

   46PW.   Referral of discriminatory industrial instruments to the Fair Work Commission  
   46PX.   Referral of discriminatory determinations to the Remuneration Tribunal  
   46PY.   Referral of discriminatory determinations to the Defence Force Remuneration Tribunal  

   PART III--MISCELLANEOUS

   46PZ.   Transfer of complaints from the Inspector - General of Intelligence and Security  
   47.     Declaration of international instruments  
   48.     Protection from civil actions  
   49.     Non - disclosure of private information  
   49A.    Information stored otherwise than in written form  
   49B.    Jurisdiction of Federal Court and Federal Circuit and Family Court of Australia (Division 2)  
   49C.    Compensation for acquisition of property  
   50.     Regulations  
           SCHEDULE 1 Convention concerning Discrimination in respect of Employment and Occupation
           SCHEDULE 2 International Covenant on Civil and Political Rights
           SCHEDULE 3 Declaration of the Rights of the Child
           SCHEDULE 4 Declaration on the Rights of Mentally Retarded Persons
           SCHEDULE 5 Declaration on the Rights of Disabled Persons