Australian Human Rights Commission Act 1986

The following functions are conferred on the Commission:

to promote discussion and awareness of human rights in relation to Aboriginal persons and Torres Strait Islanders;

to undertake research and educational programs, and other programs, for the purpose of promoting respect for the human rights of Aboriginal persons and Torres Strait Islanders and promoting the enjoyment and exercise of human rights by Aboriginal persons and Torres Strait Islanders;

to examine enactments, and proposed enactments, for the purpose of ascertaining whether they recognise and protect the human rights of Aboriginal persons and Torres Strait Islanders, and to report to the Minister the results of any such examination.

Functions are also conferred on the Commission under section 209 of the Native Title Act 1993.

The functions of the Commission under subsection (1) are to be performed by the Commissioner on behalf of the Commission.

The Commissioner may submit reports to the Minister regarding the enjoyment and exercise of human rights by Aboriginal persons and Torres Strait Islanders.

The Commissioner may submit reports to the Minister regarding:

the operation of the Native Title Act 1993; and

the effect of that Act on the enjoyment and exercise of human rights by Aboriginal persons and Torres Strait Islanders.

A report under subsection (2A) or (2B) may include recommendations as to the action that should be taken to ensure the enjoyment and exercise of human rights by Aboriginal persons and Torres Strait Islanders.

In the performance of functions, or the exercise of powers, under this section, the Commissioner may consult any of the following:

organisations established by Aboriginal or Torres Strait Islander communities;

organisations of indigenous peoples in other countries;

international organisations and agencies;

such other organisations, agencies or persons as the Commissioner considers appropriate.

In the performance of functions, or the exercise of powers, under this section, the Commissioner must, as appropriate, have regard to:

the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Rights of the Child; and

such other instruments relating to human rights as the Commissioner considers relevant.