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FURTHER HUMAN RIGHTS PROTECTION

Australian Human Rights Commission Act

HUMAN RIGHTS INQUIRIES

The AHRCA gives the AHRC the power to investigate acts and practices done "by or on behalf of the Commonwealth" that may be inconsistent with human rights recognised in the certain international instruments. This includes the United Nations' International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities.

The Commission attempts to conciliate human rights complaints. If a matter does not settle and the Commission finds a breach of human rights, it reports its findings to the parties and the Federal Attorney-General, who tables the reports in Parliament. The Commission's recommendations can include compensation but are not enforceable.

WORKPLACE DISCRIMINATION INQUIRIES

The AHRC can also enquire into complaints of discrimination in employment on a broad range of grounds, including social origin, nationality, religion, political opinion, trade union activity, criminal record and sexual preference (Part II Division 4 AHRCA).

This process is different to the process for complaints under the racial, sex, disability and age discrimination Acts mentioned above. The Commission is limited to attempting to conciliate these types of complaints and reporting its findings to the parties and the Federal Attorney-General, who tables the reports in Parliament. The Commission's recommendations can include compensation but are not enforceable.

Examples of reports to the Attorney-General following complaints of breaches of human rights or workplace discrimination can be found at: www.humanrights.gov.au/legal/humanrightsreports/index.html.

Optional Protocol to the International Covenant on Civil and Political Rights

Australia agreed to the first Optional Protocol to the International Covenant on Civil and Political Rights on 25 September 1991, with the protocol coming into effect for Australia on 25 December 1991. Individuals who have exhausted all domestic remedies, and who believe that their civil or political rights protected by the Covenant have been violated, can now complain to the United Nations Human Rights Committee in Geneva.

Some of the rights protected by the Covenant include the right to a fair trial, freedom of opinion and expression, freedom of assembly and association, and freedom of thought and religion.  The Covenant is Schedule 2 to the AHRCA.

Before complaining to the UN Human Rights Committee, you should consider making a complaint to the Australian Human Rights Commission to ensure that you have exhausted your domestic remedies. See: "Introduction", at the beginning of this chapter for contact details.

THE NEW EQUAL OPPORTUNITY ACT 2010 :: Last updated: Wed Jul 1st 2009