Commission overview | |
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Formed | 1986 |
Preceding commission |
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Jurisdiction | Australia |
Headquarters | Sydney |
Employees | 126 [1] |
Minister responsible | |
Commission executives |
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Key documents |
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Website | humanrights |
The Australian Human Rights Commission is the national human rights institution of the Commonwealth of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body funded by, but operating independently of, the Australian Government. It is responsible for investigating alleged infringements of Australia's anti-discrimination legislation in relation to federal agencies.
The Australian Human Rights Commission Act 1986 articulates the Australian Human Rights Commission's role and responsibilities. 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.
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: [2]
Order | Official | Official title | Term |
---|---|---|---|
1 | Marcus Einfeld | President, Human Rights and Equal Opportunity Commission | 1986–1990 |
2 | Sir Ronald Wilson | 1990–1998 | |
3 | Alice Tay | 1998–2003 | |
4 | John von Doussa | 2003–2008 | |
5 | Catherine Branson | President, Australian Human Rights Commission | 2008–2012 |
6 | Gillian Triggs | 2012–2017 | |
7 | Ros Croucher | 2017–2024 | |
8 | Hugh de Kretser | 2024–present |
The following individuals have been appointed as an Aboriginal and Torres Strait Islander Social Justice Commissioner: [2]
Order | Official | Official title | Term |
---|---|---|---|
1 | Mick Dodson | Aboriginal and Torres Strait Islander Social Justice Commissioner | 1993–1998 |
2 | Zita Antonios | 1998–1999 (acting) | |
3 | Bill Jonas | 1999–2004 | |
4 | Tom Calma | 2004–2010 | |
5 | Mick Gooda | 2010–2016 | |
6 | June Oscar | 2017–2024 | |
7 | Katie Kiss | 2024–present |
The following individuals have been appointed as a Disability Discrimination Commissioners: [2]
Order | Official | Official title | Term |
---|---|---|---|
1 | Elizabeth Hastings | Disability Discrimination Commissioner | 1993–1997 |
2 | Chris Sidoti | 1998 (acting) | |
3 | Susan Halliday | 1999 (acting) | |
4 | Sev Ozdowski | 2000–2005 (acting) | |
5 | Graeme Innes | 2005–2014 | |
6 | Susan Ryan | 2014–2016 (acting) | |
7 | Alastair McEwin | 2016–2019 | |
8 | Ben Gauntlett | 2019–2023 | |
9 | Rosemary Kayess | 2024–present |
The following individuals have been appointed as a Human Rights Commissioner: [2] [3]
Order | Official | Official title | Term |
---|---|---|---|
1 | Brian Burdekin | Human Rights Commissioner | 1986–1994 |
2 | Chris Sidoti | 1995–2000 | |
3 | Sev Ozdowski | 2000–2005 | |
4 | Graeme Innes | 2005–2009 | |
5 | Catherine Branson | 2009–2012 | |
6 | Tim Wilson | 2013–2016 | |
7 | Edward Santow | 2016–2021 | |
8 | Lorraine Finlay | 2021–present |
The following individuals have been appointed as a Race Discrimination Commissioner: [2]
Order | Official | Official title | Term |
---|---|---|---|
1 | Irene Moss | Race Discrimination Commissioner | 1986–1994 |
2 | Zita Antonios | 1994–1999 | |
3 | Bill Jonas | 1999–2004 | |
4 | Tom Calma | 2004–2009 | |
5 | Graeme Innes | 2009–2011 | |
6 | Helen Szoke | 2011–2013 | |
7 | Gillian Triggs | 2013 (acting) | |
8 | Tim Soutphommasane | 2013–2018 | |
9 | Chin Tan | 2018–2023 | |
10 | Giridharan Sivaraman | 2024–present |
The following individuals have been appointed as a Sex Discrimination Commissioner: [2]
Order | Official | Official title | Term |
---|---|---|---|
1 | Pam O'Neil | Sex Discrimination Commissioner | 1984–1988 |
2 | Quentin Bryce | 1988–1993 | |
3 | Susan Walpole | 1993–1997 | |
4 | Moira Scollay | 1997–1998 (acting) | |
5 | Susan Halliday | 1998–2001 | |
6 | Pru Goward | 2001–2007 | |
7 | John von Doussa | 2007 (acting) | |
8 | Elizabeth Broderick | 2007–2015 | |
9 | Kate Jenkins | 2016–2023 | |
10 | Ros Croucher | 2023 (acting) | |
11 | Anna Cody | 2023–present |
The following individuals have been appointed as an Age Discrimination Commissioner, or precedent titles: [2]
Order | Official | Official title | Term |
---|---|---|---|
1 | Pru Goward | Commissioner Responsible for Age Discrimination | 2005–2007 |
2 | John von Doussa | 2007 (acting) | |
3 | Elizabeth Broderick | 2007–2011 | |
4 | Susan Ryan | Age Discrimination Commissioner | 2011–2016 |
5 | Kay Patterson | 2016–2023 | |
6 | Robert Fitzgerald | 2024–present |
The following individuals have been appointed as a National Children's Commissioner: [2]
Order | Official | Official title | Term |
---|---|---|---|
1 | Megan Mitchell | National Children's Commissioner | 2013–2020 |
2 | Anne Hollonds | 2020–present |
The following have served as Privacy Commissioner, initially at HREOC and then at two other Offices:
Order | Official | Official title | Term |
---|---|---|---|
1 | Kevin O’Connor, AM | Privacy Commissioner (at HREOC) | 1989–1996 |
2 | Moira Scollay | 1997–1999 | |
3 | Malcolm Crompton | Privacy Commissioner (at HREOC until July 2000, then at OPC) | 1999–2004 |
4 | Karen Curtis | Privacy Commissioner (at OPC) | 2004–2010 |
5 | Timothy Pilgrim PSM | Privacy Commissioner (at OAIC) Acting Australian Information Commissioner (from 2015) | 2010–2018 |
6 | Angelene Falk | Privacy Commissioner (at OAIC) Australian Information Commissioner | 2018–2024 |
7 | Carly Kind | Privacy Commissioner (at OAIC) | 2024–present |
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, [4] 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. [5] 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 for three months, and again on 19 January 2016 until 19 April 2016. [6]
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; [7] 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: [8]
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: [8] [9]
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. [10]
One of the more visible functions of the commission is to conduct public inquiries. Some examples of inquiries conducted include:
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. [23] [24]
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. [25]
Relevant legislation was later passed in Acts such as the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 . [26]
Since 1987, the Human Rights Awards have been presented at the commission's annual Human Rights Medal and Awards ceremony. [27]
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 has lost 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 accumulated reductions in funding. [28]
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. As of June 2024, the Covenant has 174 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw.
The Racial Discrimination Act 1975(Cth) is an Act of the Australian Parliament, which was enacted on 11 June 1975 and passed by the Whitlam government. The Act makes racial discrimination in certain contexts unlawful in Australia, and also overrides state and territory legislation to the extent of any inconsistency.
A national human rights institution (NHRI) is an independent state-based institution with the responsibility to broadly protect and promote human rights in a given country. The growth of such bodies has been encouraged by the Office of the United Nations High Commissioner for Human Rights (OHCHR), which has provided advisory and support services, and facilitated access for NHRIs to the United Nations (UN) treaty bodies and other committees. There are over one hundred such institutions, about two-thirds assessed by peer review as compliant with the United Nations standards set out in the Paris Principles. Compliance with the Principles is the basis for accreditation at the UN, which, uniquely for NHRIs, is not conducted directly by a UN body but by a sub-committee of the Global Alliance of National Human Rights Institutions (GANHRI) called the Sub-Committee on Accreditation. The secretariat to the review process is provided by the National Institutions and Regional Mechanisms Section of the OHCHR.
Human rights in Australia have largely been developed by the democratically elected Australian Parliament through laws in specific contexts and safeguarded by such institutions as the independent judiciary and the High Court, which implement common law, the Australian Constitution, and various other laws of Australia and its states and territories. Australia also has an independent statutory human rights body, the Australian Human Rights Commission, which investigates and conciliates complaints, and more generally promotes human rights through education, discussion and reporting.
The Disability Discrimination Act 1992(Cth) is an Act passed by the Parliament of Australia in which prohibits discrimination against people with disabilities in employment, education, publicly available premises, provision of goods and services, accommodation, clubs and associations, and other contexts. Discrimination is defined to include failing to make reasonable adjustments for the person. The Australian Human Rights Commission are given and assess complaints made under the Act.
The Native Title Act 1993(Cth) is a law passed by the Australian Parliament, the purpose of which is "to provide a national system for the recognition and protection of native title and for its co-existence with the national land management system". The Act was passed by the Keating government following the High Court's decision in Mabo v Queensland (No 2) (1992). The Act commenced operation on 1 January 1994.
The Privacy Act 1988 is an Australian law dealing with privacy. Section 14 of the Act stipulates a number of privacy rights known as the Australian Privacy Principles (APPs). These principles apply to Australian Government and Australian Capital Territory agencies or private sector organizations contracted to these governments, organizations and small businesses who provide a health service, as well as to private organizations with an annual turnover exceeding AUD$3M. The principles govern when and how personal information can be collected by these entities. Information can only be collected if it is relevant to the agencies' functions. Upon this collection, that law mandates that Australians have the right to know why information about them is being acquired and who will see the information. Those in charge of storing the information have obligations to ensure such information is neither lost nor exploited. An Australian will also have the right to access the information unless this is specifically prohibited by law.
The Human Rights Commission is the national human rights institution (NHRI) for New Zealand, operating independently from direction by the Cabinet. Founded in 1977, the commission addresses issues of discrimination, equality, and human rights through education, advocacy, and resolving complaints. It provides guidance on anti-discrimination law.
The Equality and Human Rights Commission (EHRC) is a non-departmental public body in Great Britain, established by the Equality Act 2006 with effect from 1 October 2007. The Commission has responsibility for the promotion and enforcement of equality and non-discrimination laws in England, Scotland and Wales. It took over the responsibilities of the Commission for Racial Equality, the Equal Opportunities Commission and the Disability Rights Commission. The EHRC also has responsibility for other aspects of equality law: age, sexual orientation and religion or belief. A national human rights institution, it seeks to promote and protect human rights throughout Great Britain.
Brandy v Human Rights and Equal Opportunity Commission (HREOC) was a case before the High Court of Australia determining that the HREOC could not validly exercise judicial power. The High Court maintained a firm position against attempts to confer judicial powers upon non-judicial bodies.
The Sex Discrimination Commissioner is an Australian federal government position established to oversee the operation of the Sex Discrimination Act 1984. The position was created alongside the Act as one of the specialist commissioners of the Human Rights and Equal Opportunity Commission. The commissioner also has an educative role, frequently called upon to comment upon gender issues in the workforce.
The Australian government has a policy and practice of detaining in immigration detention facilities non-citizens not holding a valid visa, suspected of visa violations, illegal entry or unauthorised arrival, and those subject to deportation and removal in immigration detention until a decision is made by the immigration authorities to grant a visa and release them into the community, or to repatriate them to their country of origin/passport. Persons in immigration detention may at any time opt to voluntarily leave Australia for their country of origin, or they may be deported or given a bridging or temporary visa. In 1992, Australia adopted a mandatory detention policy obliging the government to detain all persons entering or being in the country without a valid visa, while their claim to remain in Australia is processed and security and health checks undertaken. Also, at the same time, the law was changed to permit indefinite detention, from the previous limit of 273 days. The policy was instituted by the Keating government in 1992, and was varied by the subsequent Howard, Rudd, Gillard, Abbott, Turnbull, Morrison and Albanese Governments. The policy is regarded as controversial and has been criticised by a number of organisations. In 2004, the High Court of Australia confirmed the constitutionality of indefinite mandatory detention of non-citizens in Al-Kateb v Godwin. However, this interpretation was overturned in a landmark decision, NZYQ v Minister for Immigration, in 2023, with the High Court concluding the practice was unlawful and unconstitutional.
Maguire v SOCOG 1999 was a decision of the Australian Human Rights and Equal Opportunity Commission, which ruled on 18 October 1999 that a blind man had been directly discriminated against by the failure of a government agency to provide ticketing materials for the Sydney Olympic Games in braille.
Maguire v SOCOG 2000 was a legal case in Australia about making a website accessible to a visually impaired person.
The Scottish Human Rights Commission (SHRC) is the national human rights institution for Scotland. It was established by the Scottish Commission for Human Rights Act and started its work in 2008. The Commission is independent of the Scottish and UK Government, and of Parliament.
There is no absolute right to privacy in Australian law and there is no clearly recognised tort of invasion of privacy or similar remedy available to people who feel their privacy has been violated. Privacy is, however, affected and protected in limited ways by common law in Australia and a range of federal, state and territorial laws, as well as administrative arrangements.
Seweryn Antoni "Sev" Ozdowski is an Australian human rights advocate and social researcher, former senior civil servant and Human Rights Commissioner and Disability Discrimination Commissioner for the Australian government from 2000 to 2005. Ozdowski is known for his defence of human rights of refugees, especially child asylum seekers detained in Australia and people with disabilities and mental illness as well as for his contribution to multicultural policies in Australia.
The European Network of National Human Rights Institutions (ENNHRI) is a membership international not-for-profit association (AISBL) under Belgian law. In 2013 it established its Permanent Secretariat in Brussels bringing together National Human Rights Institutions (NHRIs) from across the wider European region. Formerly known as European Group of National Human Rights Institutions, ENNHRI has been actively working in the field of promotion and protection of human rights in wider Europe for 15 years. ENNHRI essentially assists in the establishment and accreditation of European NHRIs, coordinates the exchange of information and best practices among its members, facilitates capacity building and training, engages with international and regional mechanisms for protection and promotion of human right and intervenes on legal and policy developments in Europe.
Intersex rights in Australia are protections and rights afforded to intersex people through statutes, regulations, and international human rights treaties, including through the Sex Discrimination Act 1984 (Cth) which makes it unlawful to discriminate against a person based upon that person's intersex status in contexts such as work, education, provision of services, and accommodation.
The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability is a royal commission established on 4 April 2019 by the Australian government pursuant to the Royal Commissions Act 1902. The Honourable Ronald Sackville, who serves as Chair of the Royal Commission, The Honourable Roslyn Atkinson, Ms Barbara Bennett, Dr Rhonda Galbally, Ms Andrea Mason, Mr Alastair McEwin, and The Honourable John Ryan currently serve as Royal Commissioners.