Draft guidelines for ensuring income management measures are compliant with the Racial Discrimination Act

Section 20(d) of the Racial Discrimination Act 1975 (Cth) (RDA) provides the Australian Human Rights Commission with a function to ‘prepare, and to publish in such manner as the Commission considers appropriate, guidelines for the avoidance of infringements of Part II or Part IIA’ of the Racial Discrimination Act. The Commission has issued these draft guidelines to provide practical assistance to Parliament and the Government in designing and implementing income management measures that protect human rights and are consistent with the RDA. They are also intended to increase awareness among affected communities about the application of the RDA to income management regimes. While not legally binding, they provide important guidance as to the operation of the RDA and will be relevant in assisting the resolution of complaints. The draft guidelines contain two sections which should be read concurrently: Section one: poses three key questions to consider when developing and implementing an income management measure so it is compliant with the RDA and outlines the steps to achieve this. Section two: provides background information on the legal basis for the different elements discussed in the first section. It also provides the background on existing income management regimes nationally and considers the extent to which they are consistent with the RDA. &nbsp