The Australian Human Rights Commission (AHRC) is the national human rights institution of the Commonwealth of Australia. It is a statutory body funded by, but operating independently of, the Australian Government. It is responsible for investigating alleged infringements of Australia's anti-discrimination legislation in relation to federal agencies.
The AHRC was established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC), which replaced an earlier Human Rights Commission (HRC) established in 1981. The primary governing legislation for the commission is the Australian Human Rights Commission Act 1986, but the commission also has powers under the Racial Discrimination Act 1975, the Sex Discrimination Act 1984, the Disability Discrimination Act 1992, and the Age Discrimination Act 2004. Matters that can be investigated by the commission under the Australian Human Rights Commission Regulations 2019 include discrimination on the grounds of age, medical record, an irrelevant criminal record; disability; marital or relationship status; nationality; sexual orientation; or trade union activity.
History The original Human Rights Commission (HRC) was established by the Fraser government pursuant to the Human Rights Commission Act 1981, with Roma Mitchell as the inaugural chairman. The commission's creation followed Australian ratification of the International Covenant on Civil and Political Rights in 1980. The Fraser government had previously introduced bills to create a human rights body in 1977 and 1979, both of which failed to progress, and the Whitlam government had introduced a bill to create a Human Rights Commissioner in 1973.
The HRC was granted the power to investigate alleged breaches of human rights by the federal government, including violations of the Racial Discrimination Act 1975, but was not authorised to review the actions of states. It replaced the Human Rights Bureau within the Attorney-General's Department, which had been established by Peter Durack in 1980, and also absorbed the office of the Commissioner for Community Relations which had been established by the Whitlam government.
The Human Rights Commission Act 1981 included a sunset clause whereby the HRC would lapse after five years. In 1983, the Hawke government proposed legislation that would have created a bill of rights and allowed the HRC to investigate state government actions. Revised legislation was introduced in 1985 separating the proposed bill of rights from the legislation relating to the commission. The Human Rights and Equal Opportunity Commission Act 1986 established a new Human Rights and Equal Opportunity Commission (HREOC) to replace the HRC, which was symbolically proclaimed on International Human Rights Day.
The HREOC was given expanded powers of investigation and resolution of complaints via conciliation, including those made under the Sex Discrimination Act 1984. In 1992, the Keating government amended the Racial Discrimination Act to allow determinations of the HREOC to be registered by the Federal Court of Australia and given judicial force. In 1995, the High Court of Australia ruled in Brandy v Human Rights and Equal Opportunity Commission that the amendments were unconstitutional as they conferred judicial power upon an administrative body and violated the separation of powers. This forced a reversion of the commission's role to one of conciliation.
The HREOC was renamed the Australian Human Rights Commission (AHRC) in 2008.
Commission officebearers The Commission falls under the portfolio of the Attorney-General of Australia.
Commission presidents The following individuals have been appointed as president or chairman of the AHRC and its predecessors: Order Official Official title Term 1 Roma Mitchell Chairman, Human Rights Commission 1982–19862 Marcus Einfeld President, Human Rights and Equal Opportunity Commission 1986–19903 Sir Ronald Wilson 1990–19984 Alice Tay 1998–20035 John von Doussa 2003–20086 Catherine Branson President, Australian Human Rights Commission 2008–20127 Gillian Triggs 2012–20178 Ros Croucher 2017–20249 Hugh de Kretser 2024–present
Aboriginal and Torres Strait Islander Social Justice Commissioners The following individuals have been appointed as an Aboriginal and Torres Strait Islander Social Justice Commissioner: Order Official Official title Term 1 Mick Dodson Aboriginal and Torres Strait Islander Social Justice Commissioner 1993–19982 Zita Antonios 1998–1999 (acting)3 Bill Jonas 1999–20044 Tom Calma 2004–20105 Mick Gooda 2010–20166 June Oscar 2017–20247 Katie Kiss 2024–present
Disability Discrimination Commissioners The following individuals have been appointed as a Disability Discrimination Commissioners: Order Official Official title Term 1 Elizabeth Hastings Disability Discrimination Commissioner 1993–19972 Chris Sidoti 1998 (acting)3 Susan Halliday 1999 (acting)4 Sev Ozdowski 2000–2005 (acting)5 Graeme Innes 2005–20146 Susan Ryan 2014–2016 (acting)7 Alastair McEwin 2016–20198 Ben Gauntlett 2019–20239 Rosemary Kayess 2024–present
Human Rights Commissioners The following individuals have been appointed as a Human Rights Commissioner:Ed Santow, head of the Public Interest Advocacy Centre, will succeed Tim Wilson as Human Rights Commissioner: Sydney Law School e-News 31 May 2016. Order Official Official title Term 1 Brian Burdekin Human Rights Commissioner 1986–19942 Chris Sidoti 1995–20003 Sev Ozdowski 2000–20054 Graeme Innes 2005–20095 Catherine Branson 2009–20126 Tim Wilson 2013–20167 Edward Santow 2016–20218 Lorraine Finlay 2021–present
Race Discrimination Commissioners The following individuals have been appointed as a Race Discrimination Commissioner: Order Official Official title Term 1 Irene Moss Race Discrimination Commissioner 1986–19942 Zita Antonios 1994–19993 Bill Jonas 1999–20044 Tom Calma 2004–20095 Graeme Innes 2009–20116 Helen Szoke 2011–20137 Gillian Triggs 2013 (acting)8 Tim Soutphommasane 2013–20189 Chin Tan 2018–202310 Giridharan Sivaraman 2024–present
Sex Discrimination Commissioners The following individuals have been appointed as a Sex Discrimination Commissioner: Order Official Official title Term 1 Pam O'Neil Sex Discrimination Commissioner 1984–19882 Quentin Bryce 1988–19933 Susan Walpole 1993–19974 Moira Scollay 1997–1998 (acting)5 Susan Halliday 1998–20016 Pru Goward 2001–20077 John von Doussa 2007 (acting)8 Elizabeth Broderick 2007–20159 Kate Jenkins 2016–202310 Ros Croucher 2023 (acting)11 Anna Cody 2023–present
Age Discrimination Commissioner The following individuals have been appointed as an Age Discrimination Commissioner, or precedent titles: Order Official Official title Term 1 Pru Goward Commissioner Responsible for Age Discrimination 2005–20072 John von Doussa 2007 (acting)3 Elizabeth Broderick 2007–20114 Susan Ryan Age Discrimination Commissioner 2011–20165 Kay Patterson 2016–20236 Robert Fitzgerald 2024–present
National Children's Commissioner The following individuals have been appointed as a National Children's Commissioner: Order Official Official title Term 1 Megan Mitchell National Children's Commissioner 2013–20202 Anne Hollonds 2020–20253 Deb Tsorbaris 2025–present
Privacy Commissioner The following have served as Privacy Commissioner, initially at HREOC and then at two other Offices: Order Official Official title Term 1 Kevin O’Connor, AM Privacy Commissioner (at HREOC) 1989–19962 Moira Scollay 1997–19993 Malcolm Crompton Privacy Commissioner (at HREOC until July 2000, then at OPC) 1999–20044 Karen Curtis Privacy Commissioner (at OPC) 2004–20105 Timothy Pilgrim PSM Privacy Commissioner (at OAIC)Acting Australian Information Commissioner (from 2015) 2010–20186 Angelene Falk Privacy Commissioner (at OAIC)Australian Information Commissioner 2018–20247 Carly Kind Privacy Commissioner (at OAIC) 2024–present
On 1 January 1989 the Privacy Act 1988 established the Privacy Commissioner within the commission. The Privacy Commissioner continued in the commission until 1 July 2000, when a new Office of the Privacy Commissioner was established by the federal Parliament, and the Privacy Commissioner was separated from the commission.
In 2010, the Office of the Australian Information Commissioner (OAIC) was established and the previously independent Office of the Privacy Commissioner was subsumed into it. The Privacy Commissioner now came under the supervision of the new Australian Information Commissioner, who could exercise the Privacy Commissioner's powers.
From 2014, the incoming Australian government under PM Tony Abbott attempted to abolish the OAIC, succeeding in having the Australian Information Commissioner (John McMillan) unexpectedly retire early and FOI Commissioner (James Popple) resign,"The slow death of the Office of the Australian Information Commissioner", Canberra Times, 1 September 2015 and cutting OAIC's budget. But the Senate failed to pass the necessary legislation (Freedom of Information Amendment (New Arrangements) Bill 2014). Several former judges suggested this pursuit of the abolition of a body created by Parliament without its support for that abolition raises constitutional and rule of law concerns.Tim Smith, David Harper, Stephen Charles, "Senate's last chance to save FOI watchdog and protect the rule of law", Canberra Times, 22 June 2015 Then-Privacy Commissioner Pilgrim was appointed Acting Australian Information Commissioner in July 2015 for three months, filling all three OAIC roles on a part-time basis (and now also administering the Freedom of Information Act 1982 (Cth) and the Australian Information Commissioner Act 2010 (Cth)). He was reappointed as Acting Australian Information Commissioner in October 2015 for three months, and again on 19 January 2016 until 19 April 2016.Commissioner Pilgrim was reported to have recognised the implications of uncertain tenure: "This has, naturally, created uncertainty and speculation particularly amongst administrative law and open government advocacy circles about the ability of the OAIC to be effective and perform the important role that it holds for the community in the privacy and FOI spaces."
In early 2016, it remained unclear whether the Privacy Commissioner role would be returned to the Commission if the abolition of the OAIC were to succeed.
On 18 March 2016, the Commonwealth Attorney-General advertised for expressions of interest in the positions, to commence in July, of Age Discrimination Commissioner, Disability Discrimination Commissioner and Human Rights Commissioner;AHRC Commissioners, expressions of interest, March 2016 these positions were filled accordingly.
Legislation From its introduction until 2000, the Commission hosted the Commissioner administering the Privacy Act 1988 (Cth).
The Commission investigates alleged infringements under the following federal legislation: Text was copied from this source, which is available under an Attribution 4.0 International (CC BY 4.0) licence. Racial Discrimination Act 1975 (Cth) Sex Discrimination Act 1984 (Cth) Disability Discrimination Act 1992 (Cth) Age Discrimination Act 2004 (Cth) Australian Human Rights Commission Act 1986 (Cth) (formerly Human Rights and Equal Opportunity Commission Act 1986)
The Australian Human Rights Commission Act 1986 articulates the Australian Human Rights Commission's role and responsibilities. It gives effect to Australia's obligations under the following: Text available under a Attribution 4.0 International (CC BY 4.0) licence.
International Covenant on Civil and Political Rights (ICCPR); Convention Concerning Discrimination in Respect of Employment and Occupation (ILO 111); Convention on the Rights of Persons with Disabilities; Convention on the Rights of the Child; Declaration of the Rights of the Child; Declaration on the Rights of Disabled Persons; Declaration on the Rights of Mentally Retarded Persons; and