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51-718: The Australian Human Rights Commission is the national human rights institution of the Commonwealth of Australia , established in 1986 as the Human Rights and Equal Opportunity Commission ( HREOC ) and renamed in 2008. 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 Australian Human Rights Commission Act 1986 articulates

102-684: A "B status". Those that are given "A status" are allowed to participate in discussion on the United Nations Human Rights Council discussions and more broadly, its mechanisms. The Subcommittee on Accreditation determines the "status" of each NHRI which can be appealed to GANHRI's Chair within 28 days. "C status" NHRIs are labelled as such due to a perception of non-compliance with the Paris Principles, but may still participate in gatherings as observers. The Committee reviews these decisions every five years, giving

153-519: A Human Rights Commissioner: The following individuals have been appointed as a Race Discrimination Commissioner: The following individuals have been appointed as a Sex Discrimination Commissioner: The following individuals have been appointed as an Age Discrimination Commissioner, or precedent titles: The following individuals have been appointed as a National Children's Commissioner: The following have served as Privacy Commissioner, initially at HREOC and then at two other Offices: On 1 January 1989

204-719: A body that is seen to be dealing with prevalent issues (such as seen in Mexico and Nigeria), or finally to underpin and consolidate other human rights protections (such as in Australia and New Zealand). National governments wanted to establish institutions which reflected their own opinions and cultural identity more effectively. In this regard they enable states to set their own agendas that reflect their individuality. The United Nations Commission on Human Rights passed resolutions in 1992 which recommended promotion of such institutions by government's that did not yet have any, and also promote

255-485: A governmental body. This creates somewhat of a parallel obligation and taints the idea of the institutions autonomy and makes it harder to pursue their individual agenda. The Paris Principles were conceived at a 1991 conference convened by the United Nations Commission on Human Rights. Although the priorities and structure of them differ from country to country they have core features. Part A.3 of

306-418: A human rights commission is systematically reviewing a government's human rights policy in order to detect shortcomings in human rights observance and to suggest ways of improving. This often includes human rights proofing of draft legislation, or policies. The degree to which the recommendations or rulings produced by a human rights institution can be enforced varies based on the human rights climate surrounding

357-680: 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 . In early 2016, it remained unclear whether the Privacy Commissioner role would be returned to

408-471: A particular interest, expertise, or experience in the field of human rights. Human rights commissions are concerned primarily with the protection of those within the jurisdiction of the state against discrimination or mistreatment, and with the protection of civil liberties and other human rights. Some commissions concern themselves with alleged violations of any rights recognized in the constitution and/or in international human rights instruments . One of

459-628: A presidential decree. Nations human rights institutions are also referred to by the Vienna Declaration and Programme of Action and the Convention on the Rights of Persons with Disabilities . Special commissions have been established in many countries to ensure that laws and regulations concerning the protection of human rights are effectively applied. These commissions tend to be composed of members from diverse backgrounds, often with

510-549: A review of the country's gymnastics program, following complaints of physical and mental abuse from some of the former athletes. Former Australian gymnasts had reported being assaulted by coaches, fat-shamed and made to train and compete while injured. Private members' bills introduced from both the Australian Greens and the Australian Democrats tried to add sexuality and/or gender identity to

561-602: A single person, human rights commissions are led by multi-member boards, often representative of various societal groups. NHRIs are sometimes set up to deal with specific issues such as discrimination , although the Paris Principles requires they should be bodies with broad responsibilities. Specialised national institutions also exist in many countries to protect the rights of a particular vulnerable group such as ethnic and linguistic minorities , indigenous peoples , children , refugees , persons with disabilities , or women . However, national human rights institutions under

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612-434: A small proportion of the workload of an ombudsman deals with violations of human rights standards. In most countries, a constitution , a human rights act or institution-specific legislation will provide for the establishment of a national human rights institution. The degree of independence of these institutions depends upon national law, and best practice requires a constitutional or statutory basis rather than (for example)

663-535: A uniquely objective perspective and addressing and resolving issues at the domestic level. Coupled with the United Nations, NHRIs are protecting and providing comprehensive and wide-ranging solutions. However some states are unwilling to give effect to these sanctions, and the United Nations is unable to conduct the widespread and analytical monitoring of countries. In order to be legitimate, effective and credible NHRIs must be independent and effective. One of

714-615: A variety of issues including torture, discrimination, environment and employment rights. In addition to human rights commissions they can be constituted or legislated as an ombudsman or a hybrid human-rights ombudsman. The International Ombudsman Institute provides support for the national ombudsman institutions for human rights who similarly protect and promote human rights. They are more concerned with state administration processes and so receive and make complaints in regards to any systematic or administrative human rights breaches or concerns. The international Coordinating Committee of NHRIs

765-538: Is no appeal to a Court or Tribunal against decisions of the Commissioner except in limited circumstances. Section 45 of the Privacy Act allows the Commissioner to interview the people themselves, and the people might have to swear an oath to tell the truth. Anyone who fails to answer the Commissioner may be subject to a fine of up to $ 2,000 and/or year-long imprisonment (under section 65). Under section 64 of

816-483: Is not unusual for a human rights commission to be granted authority to impose a legally binding outcome on parties to a complaint. If no special tribunal has been established, the commission may be able to transfer unresolved complaints to the normal courts for a final determination. NHRIs are usually able to deal with any human rights issue directly involving a public authority. In relation to non-state entities, some national human rights institutions have at least one of

867-447: Is relevant to the agencies' functions. Upon this collection, that law mandates that Australians have the right to know why information about them is being acquired and who will see the information. Those in charge of storing the information have obligations to ensure such information is neither lost nor exploited. An Australian will also have the right to access the information unless this is specifically prohibited by law. The Privacy Act

918-777: The Privacy Act 1988 (Cth). The Commission investigates alleged infringements under the following federal legislation: 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: Matters that can be investigated by the Commission under the Australian Human Rights Commission Regulations 2019 include discrimination on

969-620: 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

1020-682: The Asia Pacific Forum of NHRIs , one of four regional sub-groups of NHRIs. In April 2022, GANHRI informed the Commission that it has lost its "A status" and that its status would be reviewed after approximately 18 months. GANHRI found that recent government decisions to appoint Commissioners had not been made with appropriate transparency. It was also concerned about accumulated reductions in funding. National human rights institutions NHRIs can be grouped together into two main categories: human rights commissions and ombudspersons . While most ombudspersons have their powers vested in

1071-677: The Human Rights Awards have been presented at the commission's annual Human Rights Medal and Awards ceremony. The Commission is one of some 70 national human rights institutions (NHRIs) accredited by the Global Alliance of National Human Rights Institutions (GANHRI), a body sponsored by the Office of the United Nations High Commissioner for Human Rights (OHCHR). The Commission's full ("A status") accreditation has allowed it special access to

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1122-650: The Paris Principles , the national human rights institutions are obliged to make "preparation of reports on the national situation with regard to human rights in general, and on more specific matters"; and this is mostly done in annual status reports. The International Council on Human Rights Policy reported that NHRIs are established in three key ways: in countries that are experiencing conflict (usually internal like South Africa, Ireland or Spain), or to respond to claims of serious human rights abuses. NHRIs can also be established as visual institutional security, as

1173-727: The APPs, depend upon the meaning of "personal information" (as defined in Privacy Act 1988 s6). This term has not yet been interpreted in a restrictive way as has been "personal data" in the UK Durant case. The Privacy Act creates an Office of the Privacy Commissioner and a Privacy Commissioner in Australia. The OAIC is responsible for investigating breaches of the Australian Privacy Principles (APPs) and credit reporting provisions. The OAIC’s powers include accepting enforceable undertakings, seeking civil penalties in

1224-422: The Australian Human Rights Commission's role and responsibilities. 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. The Commission falls under

1275-508: The Australian Privacy Principles (APPs). These principles apply to Australian Government and Australian Capital Territory agencies or private sector organizations contracted to these governments, organizations and small businesses who provide a health service, as well as to private organizations with an annual turnover exceeding AUD$ 3M (with some specific exceptions). The principles govern when and how personal information can be collected by these entities. Information can only be collected if it

1326-614: 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; these positions were filled accordingly. From its introduction until 2000, the Commission hosted the Commissioner administering

1377-542: The High Commissioner for Human Rights (OHCHR), which acts as a Secretariat of the Coordinating Committee. In order to facilitate NHRI dialogue with civil society the Coordinating Committee also holds an NGO forum. The Coordinating Committee may also be asked by a government to assist in making a new NHRI or to develop on pre existing ones. Its name was changed to GANHRI in 2016 . Not all of

1428-708: The Office of the Australian Information Commissioner (OAIC). The Privacy Act Review commenced in 2020 following recommendations by the Australian Competition and Consumer Commission in its 2019 Digital Platforms Inquiry – Final Report. On 28 September 2023, the Australian Government released its response to the Privacy Act Review Report, committing to further modernizing privacy regulations. Privacy principles that are

1479-643: The Paris Principles adopted in March 1993 by the United Nations Commission on Human Rights provides that NHRIs responsibilities are to ratify human rights treaties and cooperation with human rights mechanisms. The workshop recommendations provide a basis for assessing the effectiveness and independence of a NHRI, identifying six key criteria for states seeking to establish such institutions or to become effective: Those NHRI that fully comply with these fundamental criteria and have shown independence are accredited an "A status", while those that only partially fulfil them receive

1530-401: The Paris Principles have an explicit and broad human rights mandate that should include both promotion and protection functions. This can include research, documentation and training and education in human rights issues , than the classical ombudsman model which tends to work on handling complaints about administrative deficiencies. While all human rights violations are maladministration , only

1581-515: The Privacy Act, the Commissioner is also given immunity against any lawsuits that he or she might be subjected to for the carrying out of their duties. If the Commissioner will not hear a complaint, an Australian may receive legal assistance under section 63. If a complaint is taken to the Federal Court of Australia , in certain circumstances others may receive legal assistance. The Australian Law Reform Commission completed an inquiry into

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1632-601: The Promotion and Protection of Human Rights (ICC), is a representative body of institutions worldwide. Its goal is to develop and create effective and independent NHRIs around the world. These institutions meet the "A status" (voting member) requirements of the Paris Principles and encourages inter-institutional cooperation. In addition to organising international conferences for NHRIs it will also help those institutions in need of assistance and will occasionally help governments to create NHRIs when requested. NHRIs can deal with

1683-506: 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. Then-Privacy Commissioner Pilgrim was appointed Acting Australian Information Commissioner in July 2015 for three months, filling all three OAIC roles on

1734-536: The United Nations human rights system, including speaking rights at the Human Rights Council and other committees. The Commission has been able to present parallel reports ("shadow reports") to UN treaty committees examining Australia's compliance with international human rights instruments . It has been very active in developing NHRIs throughout the Asia-Pacific region, and is a leading member of

1785-639: The case of serious or repeated breaches of privacy, and conducting assessments of privacy performance for both Australian Government agencies and businesses. Section 36 of the Act states that Australians may appeal to this Commissioner if they feel their privacy rights have been compromised, unless the privacy was violated by an organization that has its own dispute resolution mechanisms under an approved Privacy Code. The Commissioner, who may decide to investigate complaints and, in some cases must investigate, can under section 44 obtain relevant evidence from other people. There

1836-523: The development of those that did. At the end of the 20th Century the United Nations Commission would take over tasks that require international involvement. Regional human rights agreements also encouraged this development and establishment of human rights institutions as technical assistance was provided through international arrangements (such as the Asia-Pacific Forum of National Human Rights Institutions). NHRIs in some member states work at

1887-413: The following NHRIs are accredited through GANHRI. A regularly updated bibliography of NHRI resources (webpages, publications, research) is available on the Asia-Pacific Forum of NHRI's webpage LINK Privacy Act 1988 [REDACTED] [REDACTED] The Privacy Act 1988 is an Australian law dealing with privacy . Section 14 of the Act stipulates a number of privacy rights known as

1938-479: The following functions: Additionally they may promote and protect the responsibilities of the state and the rights of the individual by: Promoting and educating about human rights may involve informing the public about the commission's functions and purposes, sparking discussions on important human rights issues, organizing seminars, providing counseling services and meetings, as well as creating and distributing human rights publications. Another important function of

1989-408: The grounds of age, medical record , an irrelevant criminal record ; disability ; marital or relationship status; nationality ; sexual orientation ; or trade union activity. One of the more visible functions of the commission is to conduct public inquiries. Some examples of inquiries conducted include: On 30 July 2020, the Australian Human Rights Commission announced that they would conduct

2040-431: The institution. Human rights commissions may also monitor the state's compliance with its own and with international human rights laws and if necessary, recommend changes. The realization of human rights cannot be achieved solely through legislation and administrative arrangements; therefore, commissions are often entrusted with the important responsibility of improving community awareness of human rights. According to

2091-532: The institutions multiple opportunities to show further independence or compliance with the Paris Principles. Aiming to be transparent, vigorous and thorough in its evaluations the committee will provide advice on how best to earn "A status" and comply with the Paris Principles. The Global Alliance of National Human Rights Institutions (GANHRI), formerly known as the International Coordinating Committee of National Institutions for

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2142-484: The international and regional level (such as in the European Union). They may work as preventative mechanisms for non-discrimination of minority groups or international crimes (such as torture). The authority and expertise that NHRIs customarily hold provides them the ability to promote equal treatment. Ultimately they are a useful tool in assisting states to comply with international rights standards by providing

2193-704: The list of matters that can be investigated by the commission, which always failed to pass at least one house of parliament between 1995 and June 2007, because of a lack of support from both the Australian Labor Party and the Coalition in the federal parliament. Relevant legislation was later passed in Acts such as the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 . Since 1987,

2244-644: The most effective tools that NHRIs have is their unique position between the responsibilities of government and the rights of civil society and non-governmental organisations (NGOs). This conceptual space gives NHRIs a positively distinctive role, acting as a different protection service for the people and different tools available to hold the state and other bodies accountable for human rights breaches. However being independent from government and NGOs provides greater difficulty when funding, and working relationships are taken into account. In most countries they receive government funding, and are also created and appointed by

2295-439: The most important functions vested in many human rights commissions is to receive and investigate complaints from individuals (and occasionally from groups) alleging human rights abuses committed in violation of existing national law. While there are considerable differences in the procedures followed by various human rights commissions in the investigation and resolution of complaints, many rely on conciliation or arbitration . It

2346-586: The portfolio of the Attorney-General of Australia . The following individuals have been appointed as President of the Human Rights Commission, and its precedent organisation: The following individuals have been appointed as an Aboriginal and Torres Strait Islander Social Justice Commissioner: The following individuals have been appointed as a Disability Discrimination Commissioners: The following individuals have been appointed as

2397-523: 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, and cutting OAIC's budget. But

2448-593: The same as the NPPs are also included in the legislation applying to the public sectors of some Australian States and Territories, namely the Information Privacy Act 2000 ( Victoria ), Information Act 2002 ( Northern Territory ), Personal Information Protection Act 2004 ( Tasmania ), and the Health Records and Information Privacy Act 2002 ( New South Wales ). Australia's privacy principles,

2499-671: The transfer of personal information out of Australia. The Australian Privacy Principles (APPs) replaced the National Privacy Principles and Information Privacy Principles on 12 March 2014 via the Privacy Amendment (Enhancing Privacy Protection) Act 2012, which amended the Privacy Act 1988. The Act was further amended in 2017 and December 2022, significantly enhancing the protection of privacy in Australia. These amendments included increased maximum penalties for data breaches and enhanced enforcement powers for

2550-415: Was amended in 2000 to cover the private sector. Schedule 3 of the Privacy Act sets out a significantly different set of privacy principles, the National Privacy Principles (NPPs). These apply to private sector organizations (including not for profit organizations) with a turnover exceeding three million dollars, other than health service providers or traders in personal information . These principles extend to

2601-534: Was established in 1993 with a Bureau composed of one representative from the Americas, Asia Pacific, Africa and Europe. The Coordinating Committee organises an annual meeting and a biennial conference that facilitates and supports NHRI engagement with the United Nations system. At these gatherings NHRIs are able to share their expertise on specific topics and engage with the United Nations Office of

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