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.
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| Commission overview | |
|---|---|
| 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 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.
Commission officebearers
editThe Commission falls under the portfolio of the Attorney-General of Australia.
Commission presidents
editThe following individuals have been appointed as President of the Human Rights Commission, and its precedent organisation:[3]
| 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[4] | 2017–present |
Aboriginal and Torres Strait Islander Social Justice Commissioners
editThe following individuals have been appointed as an Aboriginal and Torres Strait Islander Social Justice Commissioner:[3]
| 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 |
Disability Discrimination Commissioners
editThe following individuals have been appointed as a Disability Discrimination Commissioners:[3]
| 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 |
Human Rights Commissioners
editThe following individuals have been appointed as a Human Rights Commissioner:[3][5]
| 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 |
Race Discrimination Commissioners
editThe following individuals have been appointed as a Race Discrimination Commissioner:[3]
| 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 |
Sex Discrimination Commissioners
editThe following individuals have been appointed as a Sex Discrimination Commissioner:[3]
| 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 |
Age Discrimination Commissioner
editThe following individuals have been appointed as an Age Discrimination Commissioner, or precedent titles:[3]
| 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 |
National Children's Commissioner
editThe following individuals have been appointed as a National Children's Commissioner:[3]
| Order | Official | Official title | Term |
|---|---|---|---|
| 1 | Megan Mitchell | National Children's Commissioner | 2013–2020 |
| 2 | Anne Hollonds | 2020–present |
Privacy Commissioner
editThe 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,[6] 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.[7] 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.[8]
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;[9] these positions were filled accordingly.
Legislation
editFrom 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:[10]
- 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:[10][11]
- 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.[12]
Public inquiries
editOne of the more visible functions of the commission is to conduct public inquiries. Some examples of inquiries conducted include:
- Homeless Children Inquiry (1989)[13]
- National Inquiry into Racist Violence in Australia (1989-1991)[14]
- Inquiry into the Accessibility of electronic commerce and new service and information technologies for older Australians and people with a disability (2000)[15]
- Pregnancy Discrimination Inquiry (2000)[16][17]
- Same-Sex: Same Entitlements Inquiry into financial and workplace discrimination against same-sex couples[18]
- Separation of Aboriginal and Torres Strait Islander Children from their Families (Bringing Them Home Report (1997)[19])
- National Inquiry into Children in Immigration Detention (2004)[20] The report, A Last Resort? was published in April 2004.[21]
- National Inquiry into Children in Immigration Detention (2014)[22] The Forgotten Children report was submitted by Gillian Triggs in November 2014.[23]
- Pregnancy and Return to Work National Review (2014)[24]
Reviews
editOn 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.[25][26]
Gender identity and sexuality
editPrivate 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.[27]
Relevant legislation was later passed in Acts such as the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013.[28]
Human Rights Awards and Medals
editSince 1987, the Human Rights Awards have been presented at the commission's annual Human Rights Medal and Awards ceremony.[29]
International status
editThe 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.[30]
See also
editReferences
edit- ^ "Table 2". APS Statistical Bulletin 2014-15 (Report). Australian Public Service Commission. Archived from the original on 23 April 2016.
- ^ a b c d e f g "Commissioners". Australian Human Rights Commission. Retrieved 2 June 2024
- ^ a b c d e f g h "Previous Office Holders". President & Commissioners. Australian Human Rights Commission. 2013. Retrieved 7 July 2013.
- ^ "Commission Welcomes New President" (Press release). Australian Human Rights Commission. 20 June 2017. Retrieved 20 June 2017.
- ^ Ed Santow, head of the Public Interest Advocacy Centre, will succeed Tim Wilson as Human Rights Commissioner: Sydney Law School e-News 31 May 2016.
- ^ "The slow death of the Office of the Australian Information Commissioner", Canberra Times, 1 September 2015
- ^ Tim Smith, David Harper, Stephen Charles, "Senate's last chance to save FOI watchdog and protect the rule of law", Canberra Times, 22 June 2015
- ^ Commissioner Pilgrim 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."
- ^ AHRC Commissioners, expressions of interest, March 2016
- ^ a b "Legislation". Australian Human Rights Commission. Retrieved 25 August 2020.
Text was copied from this source, which is available under an Attribution 4.0 International (CC BY 4.0) licence.
- ^ "Australian Government". Federal Register of Legislation. 6 December 1986. Retrieved 25 August 2020. Text available under a Attribution 4.0 International (CC BY 4.0) licence.
- ^ "Australian Human Rights Commission Regulations 2019". Federal Register of Legislation. 13 September 2019. Retrieved 25 August 2020. Text was copied from this source, which is available under a Attribution 4.0 International (CC BY 4.0) licence.
- ^ "Our Homeless Children". Australian Human Rights Commission. 1 January 1989. Retrieved 3 August 2020.
- ^ Moss, Irene (1 April 1991). "The Report of the National Inquiry into Racist Violence" [1991]". Aboriginal Law Bulletin 4. 1 (49). Retrieved 22 May 2022 – via Australasian Legal Information Institute (AustLII).
- ^ "Accessibility of electronic commerce and new service and information technologies for older Australians and people with a disability". Australian Human Rights Commission. 31 March 2000. Retrieved 3 August 2020.
- ^ "Report of the National Inquiry into Pregnancy and Work - HREOC assessment of Government Responses to Recommendations". Australian Human Rights Commission. 1 November 2000. Retrieved 3 August 2020.
- ^ "Pregnancy and Work Inquiry". Australian Human Rights Commission. 1 November 2000. Retrieved 3 August 2020.
- ^ "Same Sex: Same Entitlements". Australian Human Rights Commission. 1 January 2006. Archived from the original on 30 December 2014. Retrieved 3 August 2020.
- ^ "Bringing them Home Report (1997)". Australian Human Rights Commission. Retrieved 3 August 2020.
- ^ "National Inquiry into Children in Immigration Detention 2004". Australian Human Rights Commission. 13 May 2004. Retrieved 9 January 2015.
- ^ A last resort? National Inquiry into Children in Immigration Detention. Human Rights and Equal Opportunity Commission. 1 April 2004. ISBN 0-642-26989-0. Retrieved 3 August 2020. PDF
- ^ "National Inquiry into Children in Immigration Detention 2014". Australian Human Rights Commission. 3 February 2014. Retrieved 3 August 2020.
- ^ The Forgotten Children: National Inquiry into Children in Immigration Detention. Australian Human Rights Commission. 2014. ISBN 978-1-921449-56-7. PDF Text is available under a Attribution 4.0 International (CC BY 4.0) licence.
- ^ "Supporting Working Parents: Pregnancy and Return to Work National Review - Report". Australian Human Rights Commission. 25 July 2014. Retrieved 3 August 2020.
- ^ "Gymnastics: Australia human rights body to probe abuse complaints". Reuters. 30 July 2020. Retrieved 30 July 2020.
- ^ "Information: Independent Cultural Review of Gymnastics in Australia 2020". Australian Human Rights Commission. 30 July 2020. Retrieved 4 August 2020.
- ^ "Australian Democrats Press Releases". Archived from the original on 22 March 2012. Retrieved 26 July 2007.
- ^ "Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013". Federal Register of Legislation. 10 July 2013. Retrieved 3 August 2020.
- ^ "Australian Human Rights Commission". Human Rights Awards. 2021. Archived from the original on 26 October 2021. Retrieved 15 May 2022.
- ^ "Statement on international accreditation of the Australian Human Rights Commission". Australian Human Rights Commission. 20 April 2022. Retrieved 20 April 2022.
