Commonwealth Numbered Acts

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION ACT 1986 No. 125 of 1986 - SECT 31

31. The following functions are hereby conferred on the Commission:

   (a)  to examine enactments, and (when requested to do so by the Minister)
        proposed enactments, for the purpose of ascertaining whether the
        enactments or proposed enactments, as the case may be, have, or would
        have, the effect of nullifying or impairing equality of opportunity or
        treatment in employment or occupation, and to report to the Minister
        the results of any such examination;

   (b)  to inquire into any act or practice that may constitute discrimination
        and-

        (i)    where the Commission considers it appropriate to do so - to
               endeavour, by conciliation, to effect a settlement of the
               matters that gave rise to the inquiry; and

        (ii)   where the Commission is of the opinion that the act or practice
               constitutes discrimination, and the Commission has not
               considered it appropriate to endeavour to effect a settlement
               of the matters that gave rise to the inquiry or has endeavoured
               without success to effect such a settlement - to report to the
               Minister in relation to the inquiry;

   (c)  to promote an understanding and acceptance, and the public discussion,
        of equality of opportunity and treatment in employment and occupation
        in Australia;

   (d)  to undertake research and educational programs and other programs, on
        behalf of the Commonwealth, for the purpose of promoting equality of
        opportunity and treatment in employment and occupation, and to
        co-ordinate any such programs undertaken by any other persons or
        authorities on behalf of the Commonwealth;

   (e)  on its own intitiative or when requested by the Minister, to report to
        the Minister as to the laws that should be made by the Parliament, or
        action that should be taken by the Commonwealth, on matters relating
        to equality of opportunity and treatment in employment and occupation;

   (f)  when requested by the Minister, to report to the Minister as to the
        action (if any) that, in the opinion of the Commission, needs to be
        taken by Australia in order to comply with the provisions of the
        Convention;

   (g)  on its own initiative or when requested by the Minister, to examine
        any relevant international instrument for the purpose of ascertaining
        whether there are any inconsistencies between that instrument and the
        Convention, and to report to the Minister the results of any such
        examination;

   (h)  to prepare, and to publish in such manner as the Commission considers
        appropriate, guidelines for the avoidance of acts or practices of a
        kind in respect of which the Commission has a function under paragraph
        (b);

   (j)  where the Commission considers it appropriate to do so, with the leave
        of the court hearing the proceedings and subject to any conditions
        imposed by the court, to intervene in proceedings that involve
        discrimination issues;

   (k)  to do anything incidental or conducive to the performance of any of
        the preceding functions.