Legal framework Functions of the Commission Section 11(1) of the AHRC Act identifies the functions of the Commission. Relevantly, s 11(1)(f) gives the Commission the following functions: to inquire into any act or practice that may be inconsistent with or contrary to any human right, and: 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 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 such a settlement to report – to the Minister in relation to the inquiry. Section 20(1)(b) of the AHRC Act requires the Commission to perform the functions referred to in s 11(1)(f) when a complaint in writing is made to the Commission alleging that an act is inconsistent with or contrary to any human right. Section 8(6) of the AHRC Act requires that the functions of the Commission under s 11(1)(f) be performed by the President. Scope of and ‘act’ ‘practice’ The terms and are defined in s 3(1) of the AHRC Act to include ‘act’ ‘practice’ an act done or a practice engaged in by or on behalf of the Commonwealth or an authority of the Commonwealth or under an enactment. Section 3(3) provides that the reference to, or to the doing of, an act includes a reference to a refusal or failure to do an act. The functions of the Commission identified in s 11(1)(f) of the AHRC Act are only engaged where the act complained of is not one required by law to be taken; that is, where the relevant act or practice is within the discretion of the Commonwealth, its officers or agents.
Legal framework Functions of the Commission Section 11(1) of the AHRC Act identifies the functions of the Commission. Relevantly, s 11(1)(f) gives the Commission the following functions: to inquire into any act or practice that may be inconsistent with or contrary to any human right, and: 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 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 such a settlement – to report to the Minister in relation to the inquiry. Section 20(1)(b) of the AHRC Act requires the Commission to perform the functions referred to in s 11(1)(f) when a complaint in writing is made to the Commission alleging that an act is inconsistent with or contrary to any human right. Section 8(6) of the AHRC Act requires that the functions of the Commission under s 11(1)(f) be performed by the President. Scope of ‘act’ and ‘practice’ The terms ‘act’ and ‘practice’ are defined in s 3(1) of the AHRC Act to include an act done or a practice engaged in by or on behalf of the Commonwealth or an authority of the Commonwealth or under an enactment. Section 3(3) provides that the reference to, or to the doing of, an act includes a reference to a refusal or failure to do an act. The functions of the Commission identified in s 11(1)(f) of the AHRC Act are only engaged where the act complained of is not one required by law to be taken; that is, where the relevant act or practice is within the discretion of the Commonwealth, its officers or agents.
2015_AusHRC_101.docx