Australian Human Rights Commission

The Commission falls under the portfolio of the Attorney-General of Australia.

The following individuals have been appointed as President of the Human Rights Commission, and its precedent organisation:

The following individuals have been appointed as an Aboriginal and Torres Strait Islander Social Justice Commissioner:

The following individuals have been appointed as a Disability Discrimination Commissioners:

The following individuals have been appointed as a Human Rights Commissioner:Ed Santow, head of the Public Interest Advocacy Centre, will succeed Tim Wilson as Human Rights Commissioner: [http://sydneylaw.e-newsletter.com.au/link/id/zzzz573d387fd121b530Pzzzz532b992f541d6396/page.html#zzzz573d387628aeb202 Sydney Law School e-News 31 May 2016].

The following individuals have been appointed as a Race Discrimination Commissioner:

The following individuals have been appointed as a Sex Discrimination Commissioner:

The following individuals have been appointed as an Age Discrimination Commissioner, or precedent titles:

The following individuals have been appointed as a National Children's Commissioner:

The following have served as Privacy Commissioner, initially at HREOC and then at two other Offices:

On 1 January 1989 the Privacy Act 1988 established the Privacy Commissioner within the commission. The Privacy Commissioner continued in the commission until 1 July 2000, when a new Office of the Privacy Commissioner was established by the federal Parliament, and the Privacy Commissioner was separated from the commission.

In 2010, the Office of the Australian Information Commissioner (OAIC) was established and the previously independent Office of the Privacy Commissioner was subsumed into it. The Privacy Commissioner now came under the supervision of the new Australian Information Commissioner, who could exercise the Privacy Commissioner's powers.

From 2014, the incoming Australian government under PM Tony Abbott attempted to abolish the OAIC, succeeding in having the Australian Information Commissioner (John McMillan) unexpectedly retire early and FOI Commissioner (James Popple) resign,"[http://www.canberratimes.com.au/national/public-service/the-slow-death-of-the-office-of-the-australian-information-commissioner-20150826-gj81dl.html The slow death of the Office of the Australian Information Commissioner]", Canberra Times, 1 September 2015 and cutting OAIC's budget. But the Senate failed to pass the necessary legislation (Freedom of Information Amendment (New Arrangements) Bill 2014). Several former judges suggested this pursuit of the abolition of a body created by Parliament without its support for that abolition raises constitutional and rule of law concerns.Tim Smith, David Harper, Stephen Charles, [http://www.canberratimes.com.au/comment/senates-last-chance-to-save-foi-watchdog-and-protect-the-rule-of-law-20150618-ghr6vw "Senate's last chance to save FOI watchdog and protect the rule of law"], Canberra Times, 22 June 2015 Then-Privacy Commissioner Pilgrim was appointed Acting Australian Information Commissioner in July 2015 for three months, filling all three OAIC roles on a part-time basis (and now also administering the Freedom of Information Act 1982 (Cth) and the Australian Information Commissioner Act 2010 (Cth)). He was reappointed as Acting Australian Information Commissioner in October 2015 [https://www.oaic.gov.au/media-and-speeches/statements/acting-australian-information-commissioner-s-term-extended for three months], and again on 19 January 2016 [https://www.oaic.gov.au/media-and-speeches/statements/acting-australian-information-commissioner-reappointed until 19 April 2016].Commissioner Pilgrim [http://www.themandarin.com.au/59202-george-brandis-uncertainty-information-commissioner/ was reported to have recognised] the implications of uncertain tenure: "This has, naturally, created uncertainty and speculation particularly amongst administrative law and open government advocacy circles about the ability of the OAIC to be effective and perform the important role that it holds for the community in the privacy and FOI spaces."

In early 2016, it remained unclear whether the Privacy Commissioner role would be returned to the Commission if the abolition of the OAIC were to succeed.

On 18 March 2016, the Commonwealth Attorney-General advertised for expressions of interest in the positions, to commence in July, of Age Discrimination Commissioner, Disability Discrimination Commissioner and Human Rights Commissioner;[https://www.ag.gov.au/About/Careers/Pages/default.aspx#statutory_appointments AHRC Commissioners, expressions of interest, March 2016] these positions were filled accordingly.

From its introduction until 2000, the Commission hosted the Commissioner administering the Privacy Act 1988 (Cth).

The Commission investigates alleged infringements under the following federal legislation:{{cite web | title=Legislation | website=Australian Human Rights Commission | url=https://humanrights.gov.au/our-work/legal/legislation | access-date=25 August 2020}} 50px Text was copied from this source, which is available under an [https://creativecommons.org/licenses/by/4.0 Attribution 4.0 International (CC BY 4.0)] licence.

• Racial Discrimination Act 1975 (Cth)
• Sex Discrimination Act 1984 (Cth)
• Disability Discrimination Act 1992 (Cth)
• Age Discrimination Act 2004 (Cth)
• Australian Human Rights Commission Act 1986 (Cth) (formerly Human Rights and Equal Opportunity Commission Act 1986)

The Australian Human Rights Commission Act 1986 articulates the Australian Human Rights Commission's role and responsibilities. It gives effect to Australia's obligations under the following:{{cite web | title=Australian Government | website=Federal Register of Legislation | date=6 December 1986 | url=https://www.legislation.gov.au/Series/C2004A03366 | access-date=25 August 2020}} 50px Text available under a [https://creativecommons.org/licenses/by/4.0 Attribution 4.0 International (CC BY 4.0)] licence.

• International Covenant on Civil and Political Rights (ICCPR);
• Convention Concerning Discrimination in Respect of Employment and Occupation (ILO 111);
• Convention on the Rights of Persons with Disabilities;
• Convention on the Rights of the Child;
• Declaration of the Rights of the Child;
• Declaration on the Rights of Disabled Persons;
• Declaration on the Rights of Mentally Retarded Persons; and
• Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

Matters that can be investigated by the Commission under the Australian Human Rights Commission Regulations 2019 include discrimination on the grounds of age, medical record, an irrelevant criminal record; disability; marital or relationship status; nationality; sexual orientation; or trade union activity.{{cite web | title=Australian Human Rights Commission Regulations 2019 | website=Federal Register of Legislation | date=13 September 2019 | url=https://www.legislation.gov.au/Details/F2019L01188 | access-date=25 August 2020}} 50px Text was copied from this source, which is available under a [https://creativecommons.org/licenses/by/4.0 Attribution 4.0 International (CC BY 4.0)] licence.

One of the more visible functions of the commission is to conduct public inquiries. Some examples of inquiries conducted include:

• Homeless Children Inquiry (1989){{cite web | title=Our Homeless Children | website=Australian Human Rights Commission | date=1 January 1989 | url=https://humanrights.gov.au/our-work/childrens-rights/publications/our-homeless-children | access-date=3 August 2020}}
• National Inquiry into Racist Violence in Australia (1989-1991){{cite journal | last=Moss | first=Irene | title= The Report of the National Inquiry into Racist Violence" [1991] |volume =1 |issue =49 |journal =Aboriginal Law Bulletin 4 | via =Australasian Legal Information Institute (AustLII) | date=1 April 1991 | url=http://classic.austlii.edu.au/au/journals/AboriginalLawB/1991/16.html | access-date=22 May 2022}}
• Inquiry into the Accessibility of electronic commerce and new service and information technologies for older Australians and people with a disability (2000){{cite web | title=Accessibility of electronic commerce and new service and information technologies for older Australians and people with a disability | website=Australian Human Rights Commission | date=31 March 2000 | url=https://humanrights.gov.au/our-work/disability-rights/publications/accessibility-electronic-commerce-and-new-service-and | access-date=3 August 2020}}
• Pregnancy Discrimination Inquiry (2000){{cite web | title=Report of the National Inquiry into Pregnancy and Work - HREOC assessment of Government Responses to Recommendations | website=Australian Human Rights Commission | date=1 November 2000 | url=https://humanrights.gov.au/our-work/report-national-inquiry-pregnancy-and-work-hreoc-assessment-government-responses | access-date=3 August 2020}}{{cite web | title=Pregnancy and Work Inquiry | website=Australian Human Rights Commission | date=1 November 2000 | url=https://humanrights.gov.au/about/news/media-releases/pregnancy-and-work-inquiry | access-date=3 August 2020}}
• Same-Sex: Same Entitlements Inquiry into financial and workplace discrimination against same-sex couples{{cite web | title=Same Sex: Same Entitlements | website=Australian Human Rights Commission | date=1 January 2006 | url=https://humanrights.gov.au/our-work/lgbti/projects/same-sex-same-entitlements | access-date=3 August 2020 | archive-date=30 December 2014 | archive-url=https://web.archive.org/web/20141230204126/http://www.humanrights.gov.au/same-sex-same-entitlements | url-status=dead }}
• Separation of Aboriginal and Torres Strait Islander Children from their Families (Bringing Them Home Report (1997){{cite web | title=Bringing them Home Report (1997) | website=Australian Human Rights Commission | url=https://humanrights.gov.au/our-work/bringing-them-home-report-1997 | access-date=3 August 2020}})
• National Inquiry into Children in Immigration Detention (2004){{cite web |title=National Inquiry into Children in Immigration Detention 2004 |url=https://www.humanrights.gov.au/publications/last-resort-national-inquiry-children-immigration-detention |date=13 May 2004|publisher=Australian Human Rights Commission |access-date=9 January 2015}} The report, A Last Resort? was published in April 2004.{{cite book | title=A last resort? National Inquiry into Children in Immigration Detention |publisher=Human Rights and Equal Opportunity Commission|isbn=0-642-26989-0 | date=1 April 2004 | url=https://humanrights.gov.au/our-work/asylum-seekers-and-refugees/publications/last-resort-national-inquiry-children-immigration | access-date=3 August 2020}} [https://humanrights.gov.au/sites/default/files/document/publication/alr_complete.pdf PDF]
• National Inquiry into Children in Immigration Detention (2014){{cite web | title=National Inquiry into Children in Immigration Detention 2014 | website=Australian Human Rights Commission | date=3 February 2014 | url=https://humanrights.gov.au/our-work/asylum-seekers-and-refugees/national-inquiry-children-immigration-detention-2014 | access-date=3 August 2020}} The Forgotten Children report was submitted by Gillian Triggs in November 2014.{{cite book|url=https://humanrights.gov.au/our-work/asylum-seekers-and-refugees/publications/forgotten-children-national-inquiry-children|title=The Forgotten Children: National Inquiry into Children in Immigration Detention|date=2014|publisher=Australian Human Rights Commission|isbn= 978-1-921449-56-7}} [https://humanrights.gov.au/sites/default/files/document/publication/forgotten_children_2014.pdf PDF] 50px Text is available under a [https://creativecommons.org/licenses/by/4.0 Attribution 4.0 International (CC BY 4.0)] licence.
• Pregnancy and Return to Work National Review (2014){{cite web | title=Supporting Working Parents: Pregnancy and Return to Work National Review - Report | website=Australian Human Rights Commission | date=25 July 2014 | url=https://humanrights.gov.au/our-work/sex-discrimination/publications/supporting-working-parents-pregnancy-and-return-work | access-date=3 August 2020}}

On 30 July 2020, the Australian Human Rights Commission announced that they would conduct a review of the country's gymnastics program, following complaints of physical and mental abuse from some of the former athletes. Former Australian gymnasts had reported being assaulted by coaches, fat-shamed and made to train and compete while injured.{{cite news |url=https://www.reuters.com/article/us-gymnastics-australia/gymnastics-australia-human-rights-body-to-probe-abuse-complaints-idUSKCN24V1HB|title= Gymnastics: Australia human rights body to probe abuse complaints |access-date=30 July 2020|website=Reuters|date= 30 July 2020 }}{{cite web | title=Information: Independent Cultural Review of Gymnastics in Australia 2020 | website=Australian Human Rights Commission | date=30 July 2020 | url=https://humanrights.gov.au/about/news/information-independent-cultural-review-gymnastics-australia-2020 | access-date=4 August 2020}}

{{Further|Human rights in Australia#LGBTI people| LGBT rights in Australia|Transgender rights in Australia}}

Private members' bills introduced from both the Australian Greens and the Australian Democrats tried to add sexuality and/or gender identity to the list of matters that can be investigated by the commission, which always failed to pass at least one house of parliament between 1995 and June 2007, because of a lack of support from both the Australian Labor Party and the Coalition in the federal parliament.{{Cite web |url=http://www.democrats.org.au/news/index.htm?press_id=5948&display=1 |title=Australian Democrats Press Releases |access-date=26 July 2007 |archive-url=https://web.archive.org/web/20120322204746/http://democrats.org.au/news/index.htm?press_id=5948&display=1 |archive-date=22 March 2012 |url-status=dead }}

Relevant legislation was later passed in Acts such as the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013.{{cite web | title=Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 | website=Federal Register of Legislation | date=10 July 2013 | url=https://www.legislation.gov.au/Details/C2013A00098 | access-date=3 August 2020}}

{{main|Human Rights Awards (Australia)}}

Since 1987, the Human Rights Awards have been presented at the commission's annual Human Rights Medal and Awards ceremony.{{cite web | title= Australian Human Rights Commission | website=Human Rights Awards | date= 2021 | url=https://humanrights.gov.au/get-involved/human-rights-awards | archive-url=https://web.archive.org/web/20211026232417/https://humanrights.gov.au/get-involved/human-rights-awards | archive-date=26 October 2021 | url-status=live | access-date=15 May 2022}}

The Commission is one of some 70 national human rights institutions (NHRIs) accredited by the Global Alliance of National Human Rights Institutions (GANHRI), a body sponsored by the Office of the United Nations High Commissioner for Human Rights (OHCHR). The Commission's full ("A status") accreditation has allowed it special access to the United Nations human rights system, including speaking rights at the Human Rights Council and other committees. The Commission has been able to present parallel reports ("shadow reports") to UN treaty committees examining Australia's compliance with international human rights instruments. It has been very active in developing NHRIs throughout the Asia-Pacific region, and is a leading member of the Asia Pacific Forum of NHRIs, one of four regional sub-groups of NHRIs.

In April 2022, GANHRI informed the Commission that it would lose its "A status" and that its status would be reviewed after approximately 18 months. GANHRI found that recent government decisions to appoint Commissioners had not been made with appropriate transparency. It was also concerned about inadequate funding because of increased workloads and additional commissioners.{{cite web|url=https://humanrights.gov.au/about/news/statement-international-accreditation-australian-human-rights-commission|title=Statement on international accreditation of the Australian Human Rights Commission|website=Australian Human Rights Commission|date=20 April 2022|access-date=20 April 2022}}{{cite web |last=Haydar |first=Nour |last2=Doran |first2=Matthew |date=7 Apr 2022 |title=Australian Human Rights Commission warned by global body to improve independence of appointments |url=https://www.abc.net.au/news/2022-04-07/human-rights-commission-accreditation-warning-independence/100974640 |access-date=2025-04-13 |website=ABC News Australia}} The appointment process and the funding gap were later addressed and AHRC retained its "A status" in November 2023.{{cite web |title=Commission welcomes A-status re-accreditation from international standards body {{!}} Australian Human Rights Commission |url=https://humanrights.gov.au/about/news/media-releases/commission-welcomes-status-re-accreditation-international-standards-body |website=humanrights.gov.au |access-date=13 April 2025 |language=en |date=6 November 2023}}{{cite web |title=Australia's Human Rights Commission retains 'A' status |url=https://www.abc.net.au/news/2023-11-07/australias-human-rights-commission-retains-a-status/103075522 |website=ABC News Australia |access-date=13 April 2025 |language=en-AU |date=7 November 2023}}

• Human Rights Commission

{{Reflist}}

• [https://humanrights.gov.au/ The Australian Human Rights Commission website]
• [http://www.oaic.gov.au/ Office of the Australian Information Commissioner]

{{Australian Privacy Commissioners}}

{{Authority control}}

Category:National human rights institutions

Category:Commonwealth Government agencies of Australia

Human Rights

Category:Organisations serving Indigenous Australians

Category:Human rights in Australia

Category:1986 establishments in Australia