Recommendation 116

Australia has comprehensive anti-discrimination laws at federal, state and territory level that are the subject of ongoing review and public debate. The Racial Discrimination Act 1975 (Cth) makes discrimination on a range of grounds unlawful, including race, colour, descent and national or ethnic origin.
The Australian Government is committed to constitutional recognition of Aboriginal and Torres Strait Islander peoples. The Australian Constitution can only be changed through a referendum of Australian citizens. The Joint Select Committee on Constitutional Recognition relating to Aboriginal and Torres Strait Islander Peoples was established in March 2018. It is currently working to find a proposal which meets the expectations of Aboriginal and Torres Strait Islander peoples and can secure the support of the Australian people at a referendum. The Committee produced an interim report on 30 July 2018 and its final report is due by 29 November 2018. The Committee’s inquiry follows the Referendum Council’s final report, which was delivered on 30 June 2017. More information can be found on the Constitutional recognition page on the Department of the Prime Minister and Cabinet website.
Australia has had a dedicated federal Race Discrimination Commissioner since 1986. The Commissioner is established within the Australian Human Rights Commission by the Racial Discrimination Act 1975 (Cth). The Commissioner’s functions include promoting understanding and acceptance of the Act, and developing research and educational programmes to combat racial discrimination. The Commissioner leads the National Anti-Racism Strategy and the ‘Racism. It Stops With Me’ campaign. Information about the current Commissioner and work underway can be found on the Race discrimination page on the Australian Human Rights Commission 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.
For information on state and territory anti-discrimination laws, visit:

• Australian Capital Territory – ACT Human Rights Commission
• New South Wales – Anti-Discrimination Board of NSW
• Northern Territory – NT Anti-Discrimination Commission
• Queensland – Queensland Government and Anti-Discrimination Commission Queensland
• South Australia –  Equal Opportunity Commission SA
• Tasmania – Equal Opportunity Tasmania
• Victoria – Victorian Equal Opportunity and Human Rights Commission
• Western Australia – Equal Opportunity Commission