The Australian Human Rights Commission (AHRC) plays a pivotal role in protecting human rights across the country, working to resolve complaints about discrimination, harassment, and violations of human rights. If you or someone you know has faced discrimination, it is important to understand your rights, the jurisdiction of the AHRC, and the possible resolutions available. At Fraser & Associates Lawyers, we are dedicated to helping individuals navigate this complex area of law, offering expert guidance and representation for anyone dealing with issues related to human rights and discrimination.

What is the Australian Human Rights Commission (AHRC)?

The AHRC is an independent statutory body established by the Australian Government to protect and promote human rights in Australia. Its core mission is to investigate complaints of discrimination and human rights breaches, educate the public about human rights issues, and advise the government on human rights law.

The AHRC’s jurisdiction covers a wide array of human rights matters, including discrimination on the grounds of race, sex, disability, sexual orientation, gender identity, and age, among others. The Commission can also handle complaints regarding breaches of specific human rights laws, such as the Racial Discrimination Act 1975, Sex Discrimination Act 1984, and Disability Discrimination Act 1992.

Jurisdiction of the AHRC

The AHRC has the authority to receive complaints related to the following areas:

1. Discrimination: This includes unlawful discrimination in employment, education, housing, and the provision of services. For example, individuals may file complaints if they feel they have been treated unfairly due to their race, gender, disability, or other protected attributes.
2. Harassment: Harassment in the workplace, schools, or other environments is another key area the AHRC handles. Sexual harassment, bullying, and harassment based on a person’s characteristics (such as their race or disability) are grounds for complaint.
3. Human Rights Violations: The Commission can also handle complaints concerning breaches of fundamental rights such as the right to freedom from arbitrary detention, the right to equality before the law, and the right to an adequate standard of living.
4. Access to Justice: The AHRC can be approached when individuals face barriers in accessing justice, whether through legal representation, court procedures, or institutional discrimination.

What Resolutions are Available at the AHRC?

When a complaint is lodged with the AHRC, there are several possible outcomes or resolutions. The AHRC’s primary goal is to resolve disputes through informal, conciliatory means, but it can also take formal action if necessary.

1. Conciliation: Conciliation is the primary method used by the AHRC to resolve complaints. This process is voluntary and involves both parties—complainants and respondents—meeting with a conciliator to discuss the issues and find a mutually agreeable solution. It often leads to compensation, an apology, or changes to policies or practices that caused the issue.
2. Investigation and Report: If conciliation is unsuccessful, the AHRC can investigate the complaint further. The Commission will assess the evidence and issue a report with recommendations, including whether the alleged discrimination or violation of human rights has occurred. If the case involves significant legal issues, the Commission may refer it to the Australian Federal Court or Federal Circuit Court.
3. Public Advocacy: In some cases, the AHRC can take on a more proactive role by engaging in public advocacy or legal action to address systemic human rights issues. This is often done through inquiries, public education campaigns, or strategic litigation.

Why Contact Fraser & Associates Lawyers?

If you are dealing with a human rights issue or believe that you have been subjected to discrimination or harassment, it is important to seek legal advice from experienced professionals. At Fraser & Associates Lawyers, our team is well-versed in the laws surrounding human rights and discrimination and can guide you through the AHRC complaint process from start to finish. Whether you are unsure about your rights or need assistance navigating the conciliation process, we are here to help.

Get in Touch with Us

If you have questions about discrimination, harassment, or other human rights issues, don’t hesitate to contact Fraser & Associates Lawyers. We are committed to helping you understand your options and achieve the best possible outcome for your case.

Reach out to us today for a consultation, and let us assist you in protecting your rights and seeking justice.