Recommendation 83

Australia is a federation in which there is a federal government, the Australian Government, and which the states and territories have their own governments, parliaments, and laws. The Australian Government works with all states and territories to develop and review laws and policies that have a national impact.

The rights of Indigenous peoples in Australia are protected by legislation such as the Racial Discrimination Act 1975 (Cth) and laws at the state and territory level. The Australian Government continues to promote and strengthen the rights of Indigenous peoples through a range of policies and programmes. Information on policies and programmes can be found on the Indigenous affairs page on the Department of the Prime Minister and Cabinet website.

Australia has had a dedicated federal Aboriginal and Torres Strait Islander Social Justice Commissioner since 1993.  The Commissioner is established within the Australian Human Rights Commission by Part IIA of the Australian Human Rights Commission Act 1986(Cth). The Commissioner’s functions include promoting discussion and awareness of human rights in relation to Aboriginal and Torres Strait Islander peoples. The Commissioner also undertakes programmes (including research and educational programmes) to promote respect for the human rights of Aboriginal and Torres Strait Islander peoples and to promote the enjoyment and exercise of human rights by Aboriginal and Torres Strait Islander peoples. Information about the current Commissioner and work underway can be found on the Aboriginal and Torres Strait Islander social justice page on the Australian Human Rights Commission website.

The rights of Indigenous peoples are also protected through United Nations treaties to which Australia is a party. Australia supports the United Nations Declaration on the Rights of Indigenous Peoples. Australia is active in promoting the rights of indigenous peoples internationally in United Nations fora.

For information on state and territory policies and programmes for Aboriginal and Torres Strait Islander peoples, visit:

• Australian Capital Territory – Office of Aboriginal and Torres Strait Islander Affairs
• New South Wales – Office of Communities—Aboriginal Affairs
• Northern Territory – Office of Aboriginal Affairs
• Queensland – Department of Aboriginal and Torres Strait Islander Partnerships
• South Australia – Department of Premier and Cabinet, Aboriginal Community Advice and Support
• Tasmania – Department of Premier and Cabinet, Office of Aboriginal Affairs
• Victoria – Department of Premier and Cabinet, Aboriginal Victoria
• Western Australia – Department of Planning, Lands and Heritage