The Human Rights and Equal Opportunity Commission

Working towards an Australian society where the human rights of all are respected, protected and promoted

Who we are

The Human Rights and Equal Opportunity Commission was established in 1986 by an act of the Federal Parliament.

Our goal is to foster greater understanding and protection of human rights in Australia and to address the human rights concerns of a broad range of individuals and groups.

We are an independent statutory organisation and report to the federal Parliament through the Attorney-General.

Our structure

The Commission is a collegiate body made up of a President and five Commissioners. The five positions are currently held by three people. The President is the chief executive officer.

The Hon. John von Doussa QC
President

Tom Calma
Aboriginal and Torres Strait Islander Social Justice Commissioner and Race Discrimination Commissioner

Graeme Innes AM
Human Rights Commissioner and Disability Discrimination Commissioner
Elizabeth Broderick
Sex Discrimination Commissioner and Commissioner responsible for Age Discrimination

What we do

The Commission's responsibilities include:

education and public awareness
discrimination and human rights complaints
human rights compliance
policy and legislative development.

We do this through:

resolving complaints of discrimination or breaches of human rights under federal laws
holding public inquiries into issues of national importance, such as the forcible removal of Indigenous children from their families and the rights of children in immigration detention centres
developing human rights education programs and resources for schools, workplaces and the community
providing independent advice to assist courts in cases that involve human rights principles
providing advice and assistance to parliaments and governments to develop laws, programs and policies
undertaking and coordinating research into human rights and discrimination issues.

We work closely with other national human rights institutions, particularly through the Asia Pacific Forum of National Human Rights Institutions, to address major human rights issues in the region.

What are human rights?

Every person has inherent dignity and value. Human rights help us to recognise and respect that fundamental worth in ourselves and in each other.

Human rights are the same for all people everywhere - male and female, young and old, rich and poor, regardless of our background, where we live, what we think or what we believe. This is what makes human rights 'universal'.

Human rights are important. They recognise our freedom to make choices about our life and develop our potential as human beings. They ensure that we can live free from fear, harassment or discrimination.

Respect for human rights helps build strong communities, based on equality and tolerance, in which every person has an opportunity to contribute. Of course, having others respect our human rights comes with the responsibility that we respect the rights of others.

What is discrimination?

Discrimination occurs when a person, or a group of people, are treated less favourably than another person or group because of age, race, colour, national or ethnic origin; sex, pregnancy or marital status; disability; religion; sexual preference; or some other central characteristic.

Discrimination happens when a person is denied the opportunity to participate freely and fully in normal day-to-day activities. It might include harassment or victimisation in the workplace; being unable to gain physical access to a building or facility; being denied goods and services; difficulty in obtaining appropriate accommodation and housing; or not being able to join a trade union.

Legislation

The Commission is responsible for administering the following federal laws:

The Commission also has specific responsibilities under the:

Native Title Act 1993, to report on the exercise and enjoyment of the human rights of Indigenous people with regards to native title (performed by the Aboriginal and Torres Strait Islander Social Justice Commissioner)
Workplace Relations Act 1996, in relation to federal awards and equal pay (performed by the Sex Discrimination Commissioner).

As well as establishing the Commission, the Human Rights and Equal Opportunity Commission Act 1986 gives the Commission responsibility in relation to the following human rights instruments ratified by Australia:

Complaints

The Age Discrimination Act, Disability Discrimination Act, Racial Discrimination Act and Sex Discrimination Act are all based on international human rights treaties and conventions ratified by Australia. These laws protect people from discrimination or harassment in the workplace and various parts of public life, based on their age, race, colour, descent or national or ethnic origin, sex, pregnancy, marital status or disability.

Individuals can lodge complaints of discrimination with the Commission. A complaint is initially assessed to make sure it can be investigated under the laws for which the Commission has responsibility. After receiving all the relevant information, the complaint is then reviewed to decide if it should be terminated or if it is suitable for conciliation.

Conciliation is a process where the Commission brings the parties together - the complainant and the respondent - to try and resolve the matter. Conciliation is a confidential process where both parties are given the opportunity to talk through the issues and reach an agreement. Many complaints are successfully conciliated.

If a complaint can't be conciliated, it will be terminated by the President. A complainant can then take the matter to the Federal Court of Australia or the Federal Magistrates Service for determination within 28 days of the complaint being terminated.

The Commission also inquires into complaints of discrimination in employment and human rights breaches under the Human Rights and Equal Opportunity Commission Act.

This law covers:

alleged breaches of human rights by the Commonwealth (such as a federal government department) against accepted international standards (such as those contained in the ICCPR)
discrimination in employment (public and private organisations) on a range of grounds, such as age, religion, sexual preference, political opinion, trade union activity and criminal record.

Complaints received under this Act can also be resolved by conciliation between the parties. However, if the matter can't be conciliated, and is not discontinued for other reasons provided for in the law, then the Commission will present a report to federal Parliament outlining the key issues and recommendations to resolve the complaint. These complaints do not have any enforceable legal rights.

Education

Human rights education is an international obligation that Australia has consistently supported.

One of the central functions of the Commission is to raise awareness about human rights in Australia - from schools to business and industry, community groups to government. This includes raising awareness of people's rights and responsibilities under federal anti-discrimination laws.

The key message of all our education programs is that eliminating discrimination and harassment is a necessary step to ensure a tolerant and equitable society, in which all Australians can enjoy their rights.

To reach as many people as possible, the Commission:

works with teachers and students, to develop curriculum-linked study units using on-line, CD-ROMs and video resources
works with employers, to provide information and resources to reduce discrimination and harassment in employment
works with community groups, to provide information and resources to assist with their work
works with members of the legal profession, holding seminars and publishing updates on human rights legal issues
hosts conferences and events, such as the annual Human Rights Medal and Awards ceremony.

The President and the Commissioners also engage whenever possible with the media, to promote and debate important human rights and discrimination issues.

The Commission has a comprehensive, easy-to-use website, which includes information and resources for individuals, schools, employers and community groups. We also have a wide selection of publications.

Access the HREOC website at: http://www.humanrights.gov.au

By joining one of the Commission’s electronic mailing lists you’ll receive up-todate information about the Commission’s activities. Lists include:

Human rights education
Information for employers
Legal and complaints
Human rights
Indigenous
Disability rights updates
Racial discrimination
Sex discrimination

Click here to join.

Specialist advice

The Commission provides specialist, independent advice to a wide range of groups, including governments, parliaments and the courts.

We review and make recommendations about laws and government policies and programs that involve human rights principles.

We also assist the courts through our role as amicus curiae ('friend of the court')and through our ability to intervene in cases, with the permission of the court. The Commission's role is to provide specialist advice, independent from the parties, in cases that deal with specific human rights or discrimination issues.

The Commission has clear guidelines that must be satisfied before it will seek to become involved in a case before the court.

Contact details and further information

Street Address: Level 8, Piccadilly Tower
133 Castlereagh Street
Sydney NSW 2000

Postal Address: GPO Box 5218
Sydney NSW 2001

Phone: (02) 9284 9600
1300 369 711
Fax: (02) 9284 9611
TTY: 1800 620 241

Web: http://www.humanrights.gov.au
Email: paffairs@humanrights.gov.au

Ordering HREOC Publications

Enquiries: 1300 369 711

Publications Order Form

For further information about Complaints:

Complaints Infoline: 1300 656 419

Complaints Information available online: http://www.humanrights.gov.au/complaints_information

Information in other languages: http://www.humanrights.gov.au/about/languages/

Download this Information Sheet

This Information Sheet is available for download in Word and in PDF formats.

Order Hard Copies

To order a hard copy of this Information Sheet (free of charge) please complete the publication form at the Publications homepage.

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