Commonwealth Numbered Acts

HUMAN RIGHTS COMMISSION ACT 1981 No. 24 of 1981 - SECT 9

9. (1) The functions of the Commission are -

   (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 are, or would be, inconsistent with
        or contrary to any human rights, and to report to the Minister the
        results of any such examination;

   (b)  to inquire into any act or practice that may be inconsistent with or
        contrary to any human right, and -

        (i)    where the Commission considers it appropriate to do so -
               endeavour 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
               is inconsistent with or contrary to any human right, 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 a
               settlement of those matters - to report to the Minister the
               results of its inquiry and of any endeavours it has made to
               effect such a settlement;

   (c)  on its own initiative 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 human rights;

   (d)  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
        Covenant, of the Declarations or of any
        relevant international instrument;

   (e)  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
        Covenant, the Declarations or any other
        relevant international instrument, and to report to the Minister the
        results of any such examination;

   (f)  to promote an understanding and acceptance, and the public discussion,
        of human rights in Australia and the external Territories;

   (g)  to undertake research and educational programs, and other programs, on
        behalf of the Commonwealth for the purpose of promoting human rights
        and to co-ordinate any such programs undertaken by any other persons
        or authorities on behalf of the Commonwealth;

   (h)  to perform -

        (i)    any functions conferred on the Commission by any other
               enactment;

        (ii)   any functions conferred on the Commission pursuant to any
               arrangement in force under section 11; and

        (iii)  any functions conferred on the Commission by any State Act or
               Northern Territory enactment, being functions that are declared
               by the Minister, by notice published in the Gazette, to be
               complementary to other functions of the Commission; and

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

(2) The Commission shall not -

   (a)  regard an enactment or proposed enactment as being inconsistent with
        or contrary to any human right for the purposes of paragraph (1) (a)
        or (b) by reason of a provision of the enactment or proposed enactment
        that is included solely for the purpose of securing adequate
        advancement of particular persons or groups of persons in order to
        enable them to enjoy or exercise human rights equally with other
        persons; or

   (b)  regard an act or practice as being inconsistent with or contrary to
        any human right for the purposes of paragraph (1) (a) or (b) where the
        act or practice is done or engaged in solely for the purpose referred
        to in paragraph (a).

(3) For the purpose of the performance of its functions, the Commission may
work with and consult appropriate non-governmental organizations.