HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION ACT 1986 No. 125 of 1986 - SECT 11 Functions of Commission

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION ACT 1986 No. 125 of 1986 - SECT 11

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

   (a)  such functions as are conferred on the Commission by the Racial 
        Discrimination Act 1975 , the Sex Discrimination Act 1984 or any other
        enactment;

   (b)  such functions as are to be performed by the Commission pursuant to an
        arrangement in force under section 16;

   (c)  such functions as are expressed to be conferred on the Commission by
        any State enactment, being functions in relation to which the Minister
        has made a declaration under section 18;

   (d)  the functions conferred on the Commission by section 31;

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

   (f)  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 - 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
               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;

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

   (h)  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;

   (j)  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;

   (k)  on its own initiative or 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;

   (m)  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;

   (n)  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
        (f);

   (o)  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
        human rights issues; and

   (p)  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) (e)
        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) (f) where the act or
        practice is done or engaged in solely for the purpose referred to in
        paragraph (a) of this sub-section.