Complaints about breaches of human rights
The Human Rights and Equal Opportunity Commission Act (HREOCA) brings into Australian law a number of rights contained in international human rights law.
You can make a complaint under the HREOCA if you believe your human rights have been breached.
Under the HREOCA human rights are defined in a very specific way. For an action to constitute a breach of a person's human rights:
- the organisation against which you are complaining must be the Commonwealth or one of its agencies
- the action you are complaining about must breach or infringe a right recognised in the international human rights instruments scheduled to or declared under the HREOCA.
The following international instruments are scheduled to or declared under the HREOCA:
- the International Covenant on Civil and Political Rights
- the Convention on the Rights of the Child
- Declaration on the Elimination of all Forms of Intolerance and of Discrimination based on Religion or Belief
- Declaration on the Rights of Mentally Retarded Persons and Declaration on the Rights of Disabled Persons.
Complaints lodged under the HREOCA can be investigated and, if appropriate, resolved through conciliation.
If conciliation is unsuccessful or inappropriate – and if HREOC finds that your human rights have been breached – then we can prepare a report of the complaint, including recommendations for action, for the Attorney General. The report must be tabled in Parliament.
It is important to note that discrimination under the HREOCA is not unlawful – instead, it is regarded as unfair conduct. Unlike the other anti-discrimination laws that HREOC administers, you can not apply to have your complaint heard in court if conciliation is unsuccessful.
Information about making a complaint is available in our plain language Guide to Complaints of Human Rights Breaches under the HREOCA
Find out more:
- Information for complainants under the HREOCA
- Information for respondents under the HREOCA
- HREOCA reports tabled in federal Parliament
- Suppression Orders under HREOCA
Contact us
For more information, contact the Complaints Infoline on 1300 656 419 (local call) or 02 9284 9888. You can also send us an email at complaintsinfo@humanrights.gov.au.
