Under the Human Rights and Equal Opportunity Commission Act 1986 the Commonwealth government provides a mechanism for dealing with complaints and establishing conciliation for alleged discrimination based on disability. The Human Rights and Equal Opportunity Commission (HREOC) has responsibility for inquiring into complaints of alleged infringements under the Disability Discrimination Act 1992 (DDA) and for administering a wide range of equity based legislation.
The Commission is an independent statutory organisation whose goal is to foster a greater understanding and protection of human rights in Australia and to address the human rights concerns of a broad range of individuals and groups. Examples of the work undertaken by HEROC include resolving complaints of discrimination and breaches of human rights under federal laws, holding public inquiries into issues of national importance and developing education programs and resources. The Commission also has a key role in providing independent advice to assist courts, parliaments and governments to hear cases, develop laws, programs and policies.
The primary responsibilities of HREOC include:
- education and public awareness
- discrimination and human right complaints
- human rights compliance
- policy and legislative development
ComplaintsIndividuals can lodge complaints of discrimination with HREOC. The Commission will then assess the complaint to determine whether it falls under the jurisdiction of the commission. Once it has received all the relevant information the Commission will then review the complaint to determine whether it is suitable for conciliation. Conciliation is a confidential process where both parties are given the opportunity to talk through the issues and reach an agreement. If the Commission determines that a complaint cannot be conciliated then the complainant may take the matter to the Federal Court of Australia or to the Federal Magistrates Service for determination.