This is a message I sent to the AU HR Commission and it's response. It is quite long but worth a read, I think.
Name: Ian Smith
Comments: G'day, how is it that Australia does not appear to have a charter of human rights in its Constitution?
As 1 of many, many citizens and permanent residents who have, in effect, been denied access to my home in Speers Point 2284 NSW by the people in power for the last 16 months, I am appalled that I have no recourse in Australia's courts.
Please, please, do something to remedy our situation
Regards, Ian Smith
This enquiry was sent on Mon, 08/02/2021 - 20:57
AND:- this is the response
I refer to your contact regarding Australian law.
I appreciate the concerns you raised and understand why you have contacted this Commission.
For your information, the Australian Human Rights Commission has the power to investigate and conciliate complaints about:
- discrimination because of a person’s race, sex, gender identity, sexual orientation, intersex status, pregnancy, marital or relationship status, age or disability as well as sexual harassment in specific areas of public life, such as, employment, education and the provision of goods and services;
- racial hatred that takes place in public;
- discrimination in employment because of a person’s criminal record, trade union activity, religion, political opinion or social origin; or
- breaches of human rights by the Commonwealth of Australia.
The Commission has the power to inquire into complaints alleging a breach of human rights when they involve an act or practice of the Commonwealth. The Commission has no power to inquire into alleged breaches of human rights by state/territory government bodies, private organisations or individuals.
'Human rights' are specifically defined to include those rights and freedoms provided for in the international instruments scheduled to, or declared under, the Australian Human Rights Commission Act 1986 (Cth), such as the International Covenant on Civil and Political Rights.
If you feel that your human rights have been breached by a Commonwealth government agency, it is open for you to lodge a complaint with the Commission. Our complaint form can be found at https://www.humanrights.gov.au/complaints/make-complaint
I should note, the Commission’s complaint handling function does not cover concerns about a law, or acts done in direct compliance of the law.
With regards to changes to legislation itself, I can only suggest you contact your local Federal Member of Parliament to lobby for legislative change, if you have not already done so.
It is also open for you to seek free legal advice. You can contact:
Law Access (www.lawaccess.nsw.gov.au)
Should you have any further queries or wish to provide clarification, please advise by return email.
Complaint Information Officer
National Information Service
Australian Human Rights Commission
GPO Box 5218 Sydney NSW 2001
T 1300 656 419 F 02 9284 9611
E firstname.lastname@example.org W www.humanrights.gov.au