Section 3

The General Assembly,

Mindful of the pledge made by Member States, under the Charter of the United Nations; to take joint and separate action in co-operation with the Organization to promote higher standards of living, full employment and conditions of economic and social progress and development,

Reaffirming its faith in human rights and fundamental freedoms and in the principles of peace, of the dignity and worth of the human person and of social justice proclaimed in the Charter,  

Recalling the principles of the Universal Declaration of Human Rights, the International Covenants on Human Rights, the Declaration of the Rights of the Child and the Declaration on the Rights of Mentally Retarded Persons, as well as the standards already set for social progress in the constitutions, conventions, recommendations and resolutions of the International Labour Organization, the United Nations Educational, Scientific and Cultural Organization, the World Health Organization, the United Nations Children's Fund and other organizations concerned,

Recalling also Economic and Social Council resolution 1921 (LVIII) of 6 May 1975 on the prevention of disability and the rehabilitation of disabled persons 

Emphasizing that the Declaration on Social Progress and Development has proclaimed the necessity of protecting the rights and assuring the welfare and rehabilitation of the physically and mentally disadvantaged,

Bearing in mind the necessity of preventing physical and mental disabilities and of assisting disabled persons to develop their abilities in the most varied fields of activities and of promoting their integration as far as possible in normal life,

Aware that certain countries, at their present stage of development, can devote only limited efforts to this end,

Proclaims this Declaration on the Rights of Disabled Persons and calls for national and international action to ensure that it will be used as a common basis and frame of reference for the protection of these rights:

(1)     The term "disabled person" means any person unable to ensure by himself or herself, wholly or partly, the necessities of a normal individual and/or social life, as a result of deficiency, either congenital or not, in his or her physical or mental capabilities.

(2)     Disabled persons shall enjoy all the rights set forth in this Declaration. These rights shall be granted to all disabled persons without any exception whatsoever and without distinction or discrimination on the basis of race, colour, sex, language, religion, political or other opinions, national or social origin, state of wealth, birth or any other situation applying either to the disabled person himself or herself or to his or her family.

(3)     Disabled persons have the inherent right to respect for their human dignity. Disabled persons, whatever the origin, nature and seriousness of their handicaps and disabilities, have the same fundamental rights as their fellow-citizens of the same age, which implies first and foremost the right to enjoy a decent life, as normal and full as possible.

(4)     Disabled persons have the same civil and political rights as other human beings; paragraph 7 of the Declaration on the Rights of Mentally Retarded Persons applies to any possible limitation or suppression of those rights for mentally disabled persons.

(5)     Disabled persons are entitled to the measures designed to enable them to become as self-reliant as possible.

(6)     Disabled persons have the right to medical, psychological and functional treatment, including prosthetic and orthetic appliances, to medical and social rehabilitation, education, vocational training and rehabilitation, aid, counselling, placement services and other services which will enable them to develop their capabilities and skills to the maximum and will hasten the process of their social integration or reintegration.

(7)     Disabled persons have the right to economic and social security and to a decent level of living. They have the right, according to their capabilities, to secure and retain employment or to engage in a useful, productive and remunerative occupation and to join trade unions.

(8)     Disabled persons are entitled to have their special needs taken into consideration at all stages of economic and social planning.

(9)     Disabled persons have the right to live with their families or with foster parents and to participate in all social, creative or recreational activities. No disabled person shall be subjected, as far as his or her residence is concerned, to differential treatment other than that required by his or her condition or by the improvement which he or she may derive therefrom. If the stay of a disabled person in a specialized establishment is indispensable, the environment and living conditions therein shall be as close as possible to those of the normal life of a person of his or her age.

(10)  Disabled persons shall be protected against all exploitation, all regulations and all treatment of a discriminatory, abusive or degrading nature.

(11)  Disabled persons shall be able to avail themselves of qualified legal aid when such aid proves indispensable for the protection of their persons and property. If judicial proceedings are instituted against them, the legal procedure applied shall take their physical and mental condition fully into account.

(12)  Organizations of disabled persons may be usefully consulted in all matters regarding the rights of disabled persons.

(13)  Disabled persons, their families and communities shall be fully informed, by all appropriate means, of the rights contained in this Declaration.

Note 1

   The Human Rights and Equal Opportunity Commission Act 1986 as shown in this compilation comprises Act No. 125, 1986 amended as indicated in the Tables below. All relevant information pertaining to application, saving or transitional provisions prior to 13 October 1999 is not included in this compilation. For subsequent information see Table A.

   Table of Acts

(a) The Human Rights and Equal Opportunity Commission Act 1986 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2 (17) of which provides as follows:

(17) The amendment of the Human Rights and Equal Opportunity Commission Act 1986 made by this Act shall be deemed to have come into operation on the commencement of the Inspector-General of Intelligence and Security Act 1986.

(b) The Human Rights and Equal Opportunity Commission Act 1986  was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1988, subsection 2 (1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(c) The Human Rights and Equal Opportunity Commission Act 1986 was amended by section 5 only of the Defence Legislation Amendment Act 1990, subsection 2 (1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(d) The Human Rights and Equal Opportunity Commission Act 1986  was amended by the Qantas Sale Act 1992, subsections 2 (2), (5) and (6) of which provide as follows:

(3) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

(5) If, on the 100% sale day, Part 3 of the Schedule has not commenced, then, on the day on which Part 7 of the Schedule commences, Parts 3 and 6 of the Schedule are taken to have been repealed.

(6) If a provision of this Act has not commenced before 31 August 1995, the provision is taken to have been repealed on that day.

The Schedule (Parts 3 and 6) are taken to have been repealed on 31 August 1995.

(e) The Qantas Sale Act 1992 was amended by section 3 (item 17) only of the Qantas Sale Amendment Act 1994, subsection 2 (1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(f) The Human Rights and Equal Opportunity Commission Act 1986 was amended by Schedule 1 (items 520-523) only of the Public Employment (Consequential and Transitional) Amendment Act 1999 , subsections 2 (1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

(2) Subject to this section, this Act commences at the commencing time.

(g) The Human Rights and Equal Opportunity Commission Act 1986 was amended by Schedule 3 (item 29) only of the Australian Security Intelligence Organization Legislation Amendment Act 1999 , subsection 2 (2) of which provides as follows:

(2) Subject to subsections (3) to (6), Schedule 3 commences immediately after the commencement of the other Schedules to this Act.

The other Schedules to this Act commenced on Royal Assent.

(h) The Human Rights and Equal Opportunity Commission Act 1986 was amended by Schedule 16 only of the Federal Magistrates (Consequential Amendments) Act 1999 , subsection 2 (3) of which provides as follows:

(3) If Schedule 1 to the Human Rights Legislation Amendment Act (No. 1) 1999 commences after the commencement of section 1 of this Act, Schedule 16 to this Act commences immediately after the commencement of Schedule 1 to the Human Rights Legislation Amendment Act (No. 1) 1999.

Schedule 1 to the Human Rights Legislation Amendment Act (No. 1) 1999 commenced on 13 April 2000.

(i) The Human Rights and Equal Opportunity Commission Act 1986 was amended by Schedule 2 (items 232-234) only of the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000, subsections 2 (2), (3) and (5) of which provide as follows:

(2) Subject to this section, the provisions of this Act that are not covered by subsection (1) commence on a day to be fixed by Proclamation. [see Note 2]

(3) If item 15 of Schedule 1 to this Act does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, the provisions of this Act that are not covered by subsection (1) commence on the first day after the end of that period. This subsection has effect subject to the following subsections of this section. [see Note 2]

(5) If item 2 of Schedule 1 to the Human Rights Legislation Amendment Act 2000 commences before the commencement of item 15 of Schedule 1 to this Act, this Act has effect as if the amendments of the Human Rights and Equal Opportunities Commission Act 1986 contained in Schedule 2 to this Act were amendments of the Human Rights and Responsibilities Commission Act 1986. [see Note 2]

Table of Amendments

Note 2

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)

The following amendments commence on 24 May 2001 unless proclaimed earlier:

Schedule 2

232 Section 25

Repeal the section.

233 At the end of section 26

Add:

Note: Sections 136.1, 137.1 and 137.2 of the Criminal Code deal with making false or misleading statements, giving false or misleading information and producing false or misleading documents.

234 Section 33

Omit "25,".

As at 20 December 2000 the amendments are not incorporated in this compilation.

Table A

Application, saving or transitional provisions

Human Rights Legislation Amendment Act (No. 1) 1999 (No. 133, 1999)

Division 1—Interpretation
4 Interpretation

In this Part:

appropriate Commissioner means:

(a) in relation to a complaint lodged under the old DDA—the Disability Discrimination Commissioner; and

 (b) in relation to a complaint lodged under the old RDA—the Race Discrimination Commissioner; and

 (c) in relation to a complaint lodged under the old SDA—the Sex Discrimination Commissioner.

Court means the Federal Court of Australia.

holding of an inquiry means a holding of an inquiry referred to in a notice given under:

(a) section 83 of the old DDA; or

(b) section 25E of the old RDA; or

(c) section 63 of the old SDA.

new HREOCA means the Human Rights and Equal Opportunity Commission Act 1986 as amended by Schedule 1 to this Act.

old DDA means the Disability Discrimination Act 1992 before being amended by Schedule 1 to this Act.

old RDA means the Racial Discrimination Act 1975 before being amended by Schedule 1 to this Act.

old SDA means the Sex Discrimination Act 1984 before being amended by Schedule 1 to this Act.

purported complaint means a document purporting to be a complaint.

starting day means the day on which this Part commences.

Division 2—Treatment of complaints lodged before starting day
Subdivision A—Treatment of complaint depends on the stage it has reached
5 Purported complaint lodged but no decision as to whether it is a complaint

(1) A purported complaint is treated in the way set out in subsection (2) if, before the starting day:

(a) it was lodged with the Commission; and

 (b) the Commission had not decided whether it was a complaint within the meaning of the old DDA, old RDA or old SDA.

 (2) On the starting day:

 (a) the purported complaint is taken to have been lodged under section 46P of the new HREOCA; and

 (b) the Commission must then decide whether it is a complaint within the meaning of the new HREOCA.

6 Administrative appeal on Commission's decision as to whether complaint

(1) A purported complaint is treated in the way set out in subsection (2) if:

 (a) before the starting day, the Commission decided that it was, or was not, a complaint within the meaning of the old DDA, old RDA or old SDA; and

 (b) on or after the starting day, the Court makes an order under the Administrative Decisions (Judicial Review) Act 1977 to refer the matter to which the decision relates to the Commission for further consideration.

 (2) On the day on which the order is made:

 (a) the purported complaint is taken to have been lodged under section 46P of the new HREOCA; and

 (b) the Commission must then decide whether it is a complaint within the meaning of the new HREOCA.

7 Complaint lodged but Commissioner not notified of it

(1) A purported complaint is treated in the way set out in subsection (2) if, before the starting day:

 (a) it was lodged with the Commission; and

 (b) the Commission decided that it was a complaint within the meaning of the old DDA, old RDA or old SDA; and

 (c) the Commission had not notified the appropriate Commissioner of it.

(2) On the starting day:

(a) the purported complaint is taken to have been lodged under section 46P of the new HREOCA; and

 (b) the Commission is taken to have decided that it is a complaint within the meaning of the new HREOCA.

8 Commissioner notified of complaint but had not decided to dismiss or refer it

(1) A complaint is treated in the way set out in subsection (2) if, before the starting day:

 (a) the Commission had notified the appropriate Commissioner of the complaint; and

(b) the appropriate Commissioner had not made a decision not to inquire, or not to continue to inquire, into the complaint; and

 (c) the appropriate Commissioner had not referred the complaint to the Commission.

 (2) On the starting day, the complaint is taken to have been referred to the President under section 46PD of the new HREOCA.

9 Commissioner decided to dismiss complaint

(1) A complaint is treated in the way set out in subsection (2) if:

 (a) before the starting day, the appropriate Commissioner decided not to inquire, or not to continue to inquire, into the complaint; and

 (b) on the starting day, the complainant could have required the appropriate Commissioner to:

 (i) refer the complaint to the President under section 71 of the old DDA if that section had not been repealed by this Act; or

 (ii) refer the Commissioner's decision to the President, or refer the complaint to the Commission, under section 24 of the old RDA if that section had not been repealed by this Act; or

 (iii) refer the Commissioner's decision to the President, or refer the complaint to the Commission, under section 52 of the old SDA if that section had not been repealed by this Act.

 (2) On the starting day, the President is taken to have terminated the complaint under section 46PH of the new HREOCA.

Note: The President is required to give a notice of termination of the complaint under section 14 of this Act.

10 Presidential review of Commissioner's decision to dismiss complaint

(1) A complaint is treated in the way set out in subsection (2) if, before the starting day:

 (a) the appropriate Commissioner decided not to inquire, or not to continue to inquire, into the complaint; and

 (b) the complainant required the appropriate Commissioner to refer the complaint, or the Commissioner's decision, to the President; and

 (c) the President had not made a decision under whichever of the following sections is applicable:

 (i) section 101 of the old DDA;

(ii) section 24AA of the old RDA;

(iii) section 52A of the old SDA.

 (2) On the starting day, the President is taken to have terminated the complaint under section 46PH of the new HREOCA.

Note: The President is required to give a notice of termination of the complaint under section 14 of this Act.

11 Administrative review of President's decision

(1) A complaint is treated in the way set out in subsection (2) if:

(a) before the starting day, the President made a decision in relation to the complaint under:

 (i) section 101 of the old DDA; or

 (ii) section 24AA of the old RDA; or

 (iii) section 52A of the old SDA; and

(b) on or after the starting day, the Court makes an order under the Administrative Decisions (Judicial Review) Act 1977 to refer the matter to which the decision relates to the Commission for further consideration.

 (2) On the day the order is made, the President is taken to have terminated the complaint under section 46PH of the new HREOCA.

Note: The President is required to give a notice of termination of the complaint under section 14 of this Act.

12 Complaint referred to Commission but inquiry not started

(1) A complaint is treated in the way set out in subsection (2) if, before the starting day:

 (a) the appropriate Commissioner referred the complaint to the Commission; and

 (b) a holding of an inquiry into the complaint had not started under the old DDA, old RDA or old SDA; and

 (c) the complaint had not been withdrawn under whichever of the following sections is applicable:

(i) section 79 of the old DDA;

(ii) section 25A of the old RDA;

(iii) section 59 of the old SDA.

 (2) On the starting day, the President is taken to have terminated the complaint under section 46PH of the new HREOCA.

Note: The President is required to give a notice of termination of the complaint under section 14 of this Act.

13 Inquiry started

(1) A complaint is treated in the way set out in subsection (2) if, before the starting day:

 (a) a holding of an inquiry into the complaint had started under the old DDA, old RDA or old SDA; and

 (b) the complaint had not been withdrawn under whichever of the following sections is applicable:

 (i) section 79 of the old DDA;

(ii) section 25A of the old RDA;

(iii) section 59 of the old SDA.

(2) The amendments made by Schedule 1 to this Act do not apply in relation to the complaint.

Subdivision B—Other rules about complaints lodged before starting day

14 Notice of termination

(1) If the President is taken to have terminated a complaint under section 9, 10, 11 0r 12, then the President must notify the complainants in writing of the termination and the reasons for the termination.

 (2) Subsection (1) does not apply if all the complainants requested the appropriate Commissioner not to inquire into the complaint.

 (3) The President must give a person a copy of the notice that was given to the complainants under subsection (1) if:

(a) the person was a person on whose behalf the complaint was lodged; and

(b) the person requested the President for a copy of the notice.

 (4) The President is not required to notify any person under section 46PH of the new HREOCA.

15 Work done by Commissioner is taken to have been done by President

Any thing done, or information obtained, by the appropriate Commissioner in relation to a complaint that is referred to the President under section 8 is taken to have been done or obtained by the President.

16 Special rules apply to proceedings to enforce a determination

Sections 46PQ, 46PR and 46PT of the new HREOCA apply for the purposes of proceedings in the Court:

(a) for an order to enforce a determination in relation to a complaint; or

(b) for an order directing a Commonwealth agency (or the principal executive of a Commonwealth agency) to comply;

if the proceedings started on or after the starting day under:

(c) section 105A or 106F of the old DDA; or

(d) section 25ZC or 25ZI of the old RDA; or

(e) section 83A or 84F of the old SDA.

Division 3—Other transitional and application provisions

17 Protection from civil actions

The amendments made by items 30, 31, 83, 84, 119 and 120 of Schedule 1 do not apply to a complaint lodged before the starting day under the old DDA, old RDA or old SDA.

18 Referrals under the old SDA

The amendments made by items 1, 2, 85, 86, 97, 100, 122, 123, 124 and 125 of Schedule 1 do not apply to a complaint lodged before the starting day under section 50A, 50C or 50E of the old SDA.

19 Inquiries started by Human Rights Commissioner

The amendment made by item 52 of Schedule 1 does not apply in relation to an inquiry that the Human Rights Commissioner started before the starting day.

20 When a person cannot lodge a complaint under the new HREOCA

A person cannot lodge a complaint under section 46P of the new HREOCA if:

(a) the person is a class member for a representative complaint in respect of the same subject matter; and

 (b) a holding of an inquiry into the representative complaint had started under the old DDA, old RDA or old SDA.

21 Regulations

(1) The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) In particular, regulations may be made in relation to matters of a transitional or saving nature arising out of the enactment of this Act.

22 Transitional—powers of a Secretary

A thing done by the Commission before the commencement of this section in exercising powers referred to in subsection 43 (2) of the Human Rights and Equal Opportunity Commission Act 1986 has effect, for the purpose of the exercise by the President after the commencement of this section of powers referred to in that subsection, as if the thing had been done by the President.

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)

The following provisions commence on 24 May 2001 unless proclaimed earlier:

Schedule 2

418 Transitional—pre-commencement offences

(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:

(a) an offence committed before the commencement of this item; or

(b) proceedings for an offence alleged to have been committed before the commencement of this item; or

(c) any matter connected with, or arising out of, such proceedings;

as if the amendment or repeal had not been made.

 (2) Sub-item (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.

419 Transitional—pre-commencement notices

If:

(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and

(b) any or all of those other provisions are repealed by this Schedule; and

(c) the first-mentioned provision is amended by this Schedule;

the amendment of the first-mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.