There are relatively few parliamentary or judicial safeguards on the exercise of discretionary executive power in Australia. Parliament routinely passes laws that expand upon executive power, which lessens accountability over decision-making. Examples include counter-terrorism laws that have affected rights to free speech and the right to a fair trial, and delegated decision-making under legislation such as the Biosecurity Act 2015 during COVID-19. In parliament and within government, political or economic justifications can easily override human rights, without being tested. Recent public discussions about how far government and private action should be able to limit freedom of speech, freedom of religion, the right to equality and a person’s privacy, are examples of areas where there is an inadequate legal framework to resolve complex interactions between fundamental rights and freedoms. A Human Rights Act would strengthen existing democratic principles, with an emphasis on the role of Parliament in a dialogue model. It would provide accountability for executive decision-making through judicial pathways, without infringing on parliamentary sovereignty. A Human Rights Act would also ensure that laws, policies and decisions affecting human rights are publicly justified and subject to scrutiny and debate. It would provide a coherent framework for managing intersecting rights and freedoms, by requiring parliamentarians and decision-makers to rationally justify limitations on human rights. Through these mechanisms, a Human Rights Act would increase public participation in decisionmaking and ensure that transparency and openness are built into government processes. It would help to increase public trust in government and how it operates, at a time when trust in democratic institutions has declined. • Preventative Without a duty on government to consider and act in accordance with human rights in the early stages of decision-making, human rights breaches may only be apparent after extensive damage has already occurred, resulting in significant human and financial costs. Recent Royal Commissions have highlighted the systemic violations that can occur when human rights are ignored at all levels of government. A Human Rights Act would ensure that systematic steps are taken to prevent breaches of human rights from occurring in the first place. It would lead to procedures being put in place to ensure that government considers human rights at an early stage in law, policy and administrative processes, which will also filter into operational decision making. Parliamentary scrutiny would be conducted through the lens of Australian human rights law, with statements of compatibility prepared for Ministers by departments referring to human rights obligations under Australian law, rather than international law. Through such shifts, there would be a greater upstream embedding of human rights principles in laws, policies and practices. A Human Rights Act would also spread awareness and understanding of human rights throughout government and the public at large, building a human-rights culture that would embed principles of fairness and respect into the fabric of public life in Australia. • Protective The consequences of Australia’s lack of legal human rights protections acutely affect people who experience disadvantage and marginalisation. It is the most vulnerable people who can fall through the cracks in the existing frameworks. FREE AND EQUAL A Human Rights Act for Australia 2022 15