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Australian Human Rights Laws

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Australian Human Rights Laws

Read the briefing and use it to complete the questions. Support written answers with evidence from the briefing. For the final scenario, distinguish between a complaint process and a court or tribunal decision.
Australia protects human rights through a combination of laws, institutions and international commitments. Unlike some countries, Australia does not have a single, comprehensive national Human Rights Act applying to every situation. The Australian Constitution protects some rights, and Commonwealth, state and territory laws provide other protections. The Australian Human Rights Commission (AHRC) is an independent national institution established under the Australian Human Rights Commission Act 1986. It promotes human rights, advises government, conducts inquiries and handles certain complaints under federal discrimination laws. The AHRC generally tries to resolve eligible complaints through confidential conciliation: an impartial process in which the parties discuss whether they can reach an agreement. The Commission does not usually decide whether the law was broken or impose a penalty. If a complaint cannot be resolved, a complainant may be able to take the matter to court. The correct pathway depends on the law and circumstances. Key federal anti-discrimination laws include the Racial Discrimination Act 1975, the Sex Discrimination Act 1984, the Disability Discrimination Act 1992 and the Age Discrimination Act 2004. These laws address discrimination in areas such as work and the provision of goods and services. Their coverage and exceptions differ, and state and territory laws may also apply. For example, an employer refusing to consider a qualified applicant because of their race could raise an issue under the Racial Discrimination Act. Australia has also joined international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). A treaty commitment matters internationally, but joining a treaty does not automatically make every part of it directly enforceable in Australian courts. Parliament may need to pass domestic legislation for treaty obligations to operate as enforceable rules in Australia. International commitments can still guide laws, policy and public discussion, and Australia reports to international bodies on its progress.

Racial Discrimination Act 1975

Sex Discrimination Act 1984

Disability Discrimination Act 1992

Age Discrimination Act 2004

Read closely

Check the dates and distinctions in the briefing: the AHRC Act was passed in 1986, and international treaty commitments are not automatically the same as directly enforceable domestic laws.

1.What does AHRC stand for, and which Act established it?
2.Select the federal law most directly relevant if a qualified job applicant is rejected because of their race.
  • Racial Discrimination Act 1975
  • Age Discrimination Act 2004
  • Disability Discrimination Act 1992
  • Australian Human Rights Commission Act 1986
3.True or false? The Australian Human Rights Commission Act was passed in 1996.
TrueFalse
4.Complete the name: ICCPR stands for the International Covenant on and Political Rights.
5.Match each federal law to the area of discrimination named in its title.
  • Racial Discrimination Act 1975
  • Sex Discrimination Act 1984
  • Disability Discrimination Act 1992
  • Age Discrimination Act 2004
  • Sex
  • Race
  • Disability
  • Age
6.A person lodges an eligible discrimination complaint with the AHRC. What is conciliation, and what is one thing the Commission generally does not do during this process?
7.Explain one important difference between Australia joining an international human rights treaty and Parliament passing a domestic law.

Apply the law

Use the fictional situation below. The facts are limited, so identify a possible legal issue without claiming that a breach has been proved.

8.Sienna says a café refused to serve her because of her race. Name one federal law that could be relevant and explain why the facts alone do not prove that the law was breached.
9.Give one role of the AHRC other than handling complaints, and explain how that role can support human rights in Australia.

3 printable pages

  • Australian Human Rights Laws, page 1 of 3: Read closely

    Page 1

  • Australian Human Rights Laws, page 2 of 3: 2. Select the federal law most directly relevant if a qualified job applicant is rejected…

    Page 2

  • Australian Human Rights Laws, page 3 of 3: Apply the law

    Page 3

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