Human Rights Commissioner Gillian Triggs is set for a showdown with government MPs on Friday over a controversial case at the centre of a push to overhaul Australia's racial discrimination laws.
The commission confirmed on Thursday it would not use public interest immunity provisions to avoid answering questions about how it handled a complaint brought against three Queensland University of Technology students.
More National News Videos
Turnbull v Triggs
The PM and Human Rights Commissioner are in a war of words after Malcolm Turnbull accused the Commission of harming its credibility over a recent 18c case. Courtesy ABC.
It clears the way for Professor Triggs to be grilled by a parliamentary inquiry on Friday as the government's inquiry into section 18c of the Racial Discrimination Act nears its close.
At an earlier hearing, the human rights boss declined to answer questions about the case – which was ultimately thrown out of court – citing a need to consult on a possible public interest immunity claim.
Attorney-General George Brandis subsequently advised it was a matter for the commission, and after seeking legal advice the commission said it would not claim public interest immunity on most aspects.
Liberal Senator James Paterson will use Friday's hearing to examine how and why the commission took years to process the "scandalous" claim against the students, only for it to be dismissed by a court.
"I'm pleased to hear that Professor Triggs has accepted that they must answer questions about their handling of the case," he told Fairfax Media.
"This case is the most recent and spectacular example of the harm caused by section 18c of the Racial Discrimination Act. The committee would be unable to satisfactorily complete its work without answers from the commission."
The case has been used by advocates as proof that section 18c - which makes it unlawful to use speech that insults, offends, intimidates or humiliates on the basis of race - is too broad and entraps innocent victims in lengthy, costly legal battles.
Whatever the Turnbull government chooses to do on 18c will be informed by the outcome of the inquiry. Prime Minister Malcolm Turnbull says he is open to changing, rather than repealing, section 18c, telling 2GB radio on Wednesday: "I'm a very strong supporter of free speech, so I think we'll see what the committee reports."
Simon Breheny, policy director of the libertarian Institute of Public Affairs, said Professor Triggs needed to give "a full explanation for why [the commission] thought there was merit to the complaint", and also why it communicated solely with QUT rather than the students themselves.
It is considered likely the committee will recommend changes to the complaints handling process, with dissenting members likely going further and recommending the words "insult" and "offend" be replaced with "harass" and "vilify", or something to that effect.
Section 18c has been a preoccupation of several Coalition backbenchers, who argue it has a chilling effect on free speech. However, Labor and the Greens are opposed to changing the law.