If required, it is recommended that the reader obtain independent legal advice. Treating a person less favourably can include harassing or bullying a person.

Of course this is precisely why the Government is now attempting to subject the intervention function to the Attorney General’s approval. However, the amendments would have the effect of requiring the Commission to seek the Attorney General’s approval for it to intervene to argue against the Commonwealth’s position. It has a number of benefits and no detriments. The process should be at arm’s length from the government of the day. One area relates to substantive powers and the other to process.In relation to substantive powers, as already noted, the Commission’s legislation does not provide any enforceable remedy for violations of human rights or for discrimination in employment under the Finally, the Commission’s powers of investigation need strengthening. The amendments that commenced in 2000 transferred all those functions to the president. They have placed the Government in breach of the law which provides that the Commission “shall consist of” the President and the five specialist Commissioners.The international standards for national human rights institutions, the The structure based on specialist commissioners has many advantages.The Government’s apparent concern with the existing structure is that it could require the addition of further specialist commissioners.

Shortly before she completed her term in 1999, a new Aboriginal and Torres Strait Islander Social Justice Commissioner was appointed. federal) Parliament of Australia, the other an Act of the Parliament of the United Kingdom.In Australia they are referred to, respectively, as the Australia Act 1986 (Cth) and the Australia Act 1986 (UK). In fact it requires changes to strengthen the Commission and improve its effectiveness. These manoeuvres by the Government effectively implemented the amendments that failed to pass the Senate. This compromise proposal was also strongly criticised and it failed to pass the Senate.Nonetheless since 1997 the Government has implemented the proposed structure on a de facto basis.

Before amendments to the Act that commenced in 2000, individual specialist commissioners handled complaints arising in their area of specialisation under the various Acts administered by the Commission. The Government amended the then Bill accordingly. Following its election in 1996 the present Government began a series of attempts to re-structure the Commission. Examples of a potentially hostile working environment are where racially or sexually crude conversations, innuendo or offensive jokes are part of the accepted culture. This is as it should be. The name is unnecessarily long and unwieldy. Certainly the courts, right up to the High Court itself, have seen the function as important and the Commission’s contribution to proceedings as helpful and significant. It could provide a more direct and determinative role for the parliament or a parliamentary committee in the process.The Commission’s powers should be strengthened in two areas to enhance its effectiveness. The Aboriginal and Torres Strait Islander Social Justice Commissioner and the Disability Discrimination Commissioner were added in 1992 in further development of Commonwealth human rights legislation.
Further information is available at These documents provide general information only on the subject matter covered. The proposed new title has the benefit ofThe present name, Human Rights and Equal Opportunity Commission, reflects the origins of the present institution. It is considering at present the long overdue introduction of federal age discrimination legislation.


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