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Legislation

The Commission exercises functions under the following Acts:

Australian Human Rights Commission Act 1986 (Cth)

Establishes the Commission and outlines its powers and functions.

It defines human rights by reference to the following international instruments:

  • International Covenant on Civil and Political Rights
  • Convention on the Rights of the Child
  • Declaration on the Rights of the Child
  • Convention on the Rights of Persons with Disabilities
  • Declaration on the Rights of Disabled Persons
  • Declaration on the Rights of Mentally Retarded Persons
  • Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
  • Convention Concerning Discrimination in Respect of Employment and Occupation.

Racial Discrimination Act 1975 (Cth)

Gives effect to Australia’s obligations under the International Convention on the Elimination of All Forms of Racial Discrimination.

Its main aims are to:

  • promote equality before the law for all persons, regardless of their race, colour or national or ethnic origin
  • make discrimination on the basis of race, colour, descent or national or ethnic origin, unlawful
  • provide protection against racial hatred.

Sex Discrimination Act 1984 (Cth)

Gives effect to Australia’s obligations under the Convention on the Elimination of All Forms of Discrimination Against Women and to other relevant international instruments including the International Covenant on Civil and Political Rights.

Its main aims are to:

  • promote equality between men and women
  • eliminate discrimination on the ground of sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy (or potential pregnancy) and breastfeeding in work, education and other areas of public life
  • eliminate discrimination on the ground of family responsibilities in work
  • eliminate sexual harassment in work, education and other areas of public life.

Disability Discrimination Act 1992 (Cth)

Its main aims are to:

  • eliminate discrimination against people with disabilities as far as is possible
  • promote community acceptance of the principle that people with disabilities have the same fundamental rights as all members of the community
  • ensure as far as practicable that people with disabilities have the same rights to equality before the law as other people in the community.

Age Discrimination Act 2004 (Cth)

Its main aims are to:

  • promote equality before the law for all persons regardless of their age
  • eliminate discrimination against persons on the ground of age in many areas of public life, such as employment, education and the provision of goods, services or facilities
  • change negative stereotypes about older people.