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The Human Rights and Equal Opportunity Commission Act gives HREOC the function of inquiring into complaints concerning breaches of human rights or discrimination in employment. HREOC attempts to resolve such complaints through conciliation where appropriate. If the matter is not resolved through conciliation and the President is satisfied that a breach of human rights or an act of discrimination has occurred, the President reports on the matter to the federal Attorney-General.

The Human Rights and Equal Opportunity Act gives HREOC the function of inquiring into complaints concerning breaches of human rights by the Commonwealth (or persons/organisations acting on behalf of the Commonwealth) and discrimination in employment.

On 21 June 2007, the Australian Government announced a ‘national emergency response to protect Aboriginal children in the Northern Territory’ from sexual abuse and family violence.[1] This has become known as the ‘NT intervention’ or the ‘Emergency Response’. The catalyst for the measures was the release of Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse, titled Ampe Akelyernemane Meke Mekarle: ‘Little Children are Sacred’.

The primary responsibilities of the Legal Section are to assist the President or their delegate in the preparation of notices and reports under the Human Rights and Equal Opportunity Commission Act 1986 (Cth); to act as counsel or instructing solicitor for the Commission in interventions and amicus curiae matters; to assist the Commission in work arising from legislation or bills raising human rights issues and to monitor and promote awareness of developments in international and domestic human rights law, including discrimination jurisprudence in the Federal Court and Federal Magistrates Cour

Where a complaint is made under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) alleging breaches of human rights and discrimination in employment, the President or his delegate may report to the Attorney-General where conciliation cannot resolve the matter and an inquiry has satisfied the President there has been a breach of human rights or discrimination in employment. The Legal Section assists the President or his delegate to inquire into the complaints and prepare reports to the Attorney-General.

The Commission's jurisdiction to hear and determine complaints of unlawful discrimination ceased on 13 April 2000 with the commencement of the Human Rights Legislation Amendment Act (No.1) 1999 (Cth) and was transferred to the Federal Court and Federal Magistrates Service. The Commission retained the jurisdiction to complete those public inquiries that had commenced prior to 13 April 2000.

We all know that prejudices are prevalent within our society. We also know that such prejudices often translate into discrimination. And yet, proving discrimination is notoriously difficult.[1]

One of the most important ways to protect human rights is to build community understanding and challenge attitudes which are based on myths and stereotypes. The key to this is education.