Discrimination and human rights

The AHRC Act 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 certain international instruments. These include the:

• International Covenant on Civil and Political Rights (1966);
• Convention on the Rights of the Child (1989); and
• Convention on the Rights of Persons with Disabilities (2006). If a matter cannot be settled, or conciliation is inappropriate and the AHRC finds a breach of human rights, the AHRC may report its findings and recommendations for action to the parties and the federal Attorney-General. The AHRC’s recommendations can include compensation, but its recommendations are not legally enforceable.

The AHRC can also inquire into complaints of discrimination in employment on a broad range of grounds that are not unlawful under the RD Act, SD Act, DD Act and AD Act. These additional grounds include social origin, nationality, religion, political opinion, trade union activity, irrelevant criminal record and medical record (pt II div 4 AHRC Act; AHRC Regulations 2019 (Cth)).

The process for dealing with workplace complaints (equal opportunity in employment complaints) is different from the process for complaints of unlawful discrimination under the RD Act, SD Act, DD Act and AD Act. If a matter cannot be settled or conciliation is inappropriate and the AHRC finds that discrimination in employment has occurred, the AHRC may report its findings and recommendations for action to the parties and the federal Attorney- General. The AHRC’s recommendations can include compensation but its recommendations are not legally enforceable.

Examples of reports to the Attorney-General following complaints of breaches of human rights or discrimination in employment can be found on the AHRC website (www.humanrights.gov.au).

Individuals who have exhausted all domestic remedies can complain to the United Nations (UN) about alleged breaches of their rights under particular international instruments. Australia has agreed that individuals can complain to a UN committee about breaches of the:

• International Covenant on Civil and Political Rights (1966);
• Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (1984);
• International Convention on the Elimination of All Forms of Racial Discrimination (1965);
• Convention on the Elimination of All Forms of Discrimination against Women (1979);
• Convention on the Rights of Persons with Disabilities (2006). Further information on how to make a complaint to the UN is available on the website of the Office of the UN High Commissioner for Human Rights (OHCHR) at www.ohchr.org. In particular, search for the OHCHR publication, Individual Complaint Procedures under the United Nations Human Rights Treaties.