Recommendation 102

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.

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.

Birth registration is the responsibility of state and territory governments. The Australian Government also funded the mobile, Indigenous-led Pathfinders National Aboriginal Birth Certificate Program which provided free birth certificates to eligible applicants and assistance for registering their child’s birth. The program funded 7500 birth certificates between 2015 and 2017 in Queensland, New South Wales and Victoria. The objective of the activity was to provide necessary registration and birth certificate documents for children to ensure they could access education. 

• Australian Capital Territory – Access Canberra
• New South Wales – Registry of Births, Deaths and Marriages
• Northern Territory – Births, Deaths and Marriages
• Queensland – Queensland Government
• South Australia – Consumer and Business Services
• Tasmania – Births, Deaths and Marriages
• Victoria – Births, Deaths and Marriages
• Western Australia – Department of Justice