Commonwealth Consolidated Acts

AUSTRALIAN HUMAN RIGHTS COMMISSION ACT 1986 - SECT 46MB

  (1)   The following functions are conferred on the Commission:

  (b)   to promote discussion and awareness of matters relating to the human rights of children in Australia;

  (c)   to undertake research, or educational or other programs, for the purpose of promoting respect for the human rights of children in Australia, and promoting the enjoyment and exercise of human rights by children in Australia;

  (d)   to examine existing and proposed Commonwealth enactments for the purpose of ascertaining whether they recognise and protect the human rights of children in Australia, and to report to the Minister the results of any such examination.

  (2)   The functions of the Commission under this section are to be performed by the National Children's Commissioner on behalf of the Commission.

  (3)   The National Children's Commissioner may submit reports to the Minister that deal with such matters, relating to the enjoyment and exercise of human rights by children in Australia, as the National Children's Commissioner considers appropriate.

  (3A)   A report under subsection   (3) may include recommendations that the National Children's Commissioner considers appropriate as to the action that should be taken to ensure the enjoyment and exercise of human rights by children in Australia.

  (4)   In performing functions, or exercising powers, under this section, the National Children's Commissioner may give particular attention to children who are at risk or vulnerable.

  (5)   In performing functions, or exercising powers, under this section, the National Children's Commissioner may consult any of the following:

  (a)   children;

  (b)   Departments and authorities of the Commonwealth, and of the States and Territories;

  (c)   non - governmental organisations;

  (d)   international organisations and agencies;

  (e)   such other organisations, agencies or persons as the Commissioner considers appropriate.

  (6)   In performing functions, or exercising powers, under this section, the National Children's Commissioner must, as appropriate, have regard to:

  (a)   the Universal Declaration of Human Rights (United Nations General Assembly Resolution A/RES/217(III) A (1948); and

  (b)   the following, as amended and in force for Australia from time to time:

  (i)   the International Convention on the Elimination of all Forms of Racial Discrimination done at New York on 21   December 1965 ([1975] ATS 40);

  (ii)   the International Covenant on Economic, Social and Cultural Rights done at New York on 16   December 1966 ([1976] ATS 5);

  (iii)   the International Covenant on Civil and Political Rights done at New York on 16   December 1966 ([1980] ATS 23);

  (iv)   the Convention on the Elimination of All Forms of Discrimination Against Women done at New York on 18   December 1979 ([1983] ATS 9);

  (v)   the Convention on the Rights of the Child done at New York on 20   November 1989 ([1991] ATS 4);

  (vi)   the Convention on the Rights of Persons with Disabilities done at New York on 13   December 2006 ([2008] ATS 12); and

  (c)   such other instruments relating to human rights as the Commissioner considers relevant.

Note 1:   In 2012, the text of the Universal Declaration of Human Rights was accessible through the United Nations website (www.un.org).

Note 2:   In 2012, the text of an international agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).