Information about the Intervention Role

The Commission has the power to intervene, with leave of the Court, in proceedings that involve issues of race, sex and disability discrimination, human rights issues and equal opportunity in employment. The power to seek leave to intervene is contained in:
  • The Racial Discrimination Act 1975 (Cth), s 20(1)(e)
  • The Sex Discrimination Act 1984 (Cth), s 48(1)(gb)
  • The Disability Discrimination Act 1992 (Cth), s 67(1)(l)
  • The Human Rights and Equal Opportunity Commission Act 1986 (Cth) s 11(1)(o) and s. 31(j)

When a relevant human rights or discrimination issue arises in a case and the Commission could provide expert assistance that would otherwise not be available to the Court, the Commission may seek leave of the Court to intervene in the proceedings. The Commission will then make submissions on the issues that relate to the Commission's powers.


The intervention power is to assist the court, and has been used by the Commission in several cases, including:

CRIMINAL LAW

  • Aboriginal customary law (group rights - article 27 ICCPR) v individual human rights and fundamental freedoms (freedom from violence and discrimination (CEDAW))

DISABILITY DISCRIMINATION

EMPLOYMENT LAW

FAMILY LAW

HUMAN RIGHTS

NATIVE TITLE

RACE DISCRIMINATION

REFUGEE LAW

SEX DISCRIMINATION

Last updated 16 September, 2008 .