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Australian Human Rights Commission Act 1986
No. 125, 1986
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Attorney-General's Department
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C2026C00416 C58
18 September 2026
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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
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Part II—Australian Human Rights Commission
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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.
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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
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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
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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
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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
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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
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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
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Division 6—Corporate plan
46AA Corporate plan
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Part IIA—Aboriginal and Torres Strait Islander Social Justice Commissioner
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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.
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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
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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
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Part IIAA—National Children’s Commissioner
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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.
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Division 2—Appointment
46MC Appointment of National Children’s Commissioner
46MD Period of appointment
46ME Acting appointment
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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
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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
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Part IIB—Redress for unlawful discrimination
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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
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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
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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
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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
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
