There should also be permanent, dedicated internal departmental teams with human rights expertise and responsibility for consultation and education on Human Rights Act matters; the development and implementation of human rights action plans by federal departments and agencies; the development of tailored guidelines, checklists and resources to enable staff within public authorities to make human rights-compliant decisions within their areas of competence; and respect for human rights included within public sector codes of conduct. The Commission considers that it would have a central role in providing tailored and general education about the Human Rights Act for public authorities, and would require dedicated ongoing resourcing to do so. (e) Procedural duties • Participation duty In addition to the positive duty on public authorities to consider and act in accordance with human rights, the Commission proposes that an overarching ‘participation duty’ be introduced into a Human Rights Act. The participation duty would primarily operate as an aspect of the binding positive duty on public authorities. The participation duty would also apply to proponents of legislation in a non-binding respect, reflected in Statements of Compatibility and assessed by the Parliamentary Joint Committee on Human Rights (PJCHR). Participation duty on public authorities The participation duty would require public authorities to ensure the participation of certain groups and individuals in relation to policies and decisions that directly or disproportionately affect their rights. The ‘participation duty’ addresses a fundamental problem in the development of federal policies and decisions – inadequate engagement with the very people to whom those decisions directly apply. The Commission’s proposal for a participation duty draws on international human rights law standards and common law procedural fairness principles. It would synthesise procedures concerning consultations and set clear standards, fleshing out what participation means in relation to certain groups that are often overlooked in decision-making processes. International law requires specific participation measures to be undertaken regarding decisions affecting the rights of First Nations peoples, children and persons with disability. The participation duty would be a means of realising key procedural elements of the existing rights in the Human Rights Act, in relation to these three groups. The duty will apply differently to each of these groups, as defined by the relevant international instruments. However, the same underlying requirement applies — when decisions will affect the rights of members of these groups, public authorities have a duty to ensure their participation in those decisions. • Where decisions of public authorities will affect the rights of First Nations peoples and communities, participation processes should be facilitated in line with UNDRIP principles and standards relevant to consultation and participation. • When individual children are affected by a decision, the ‘best interests’ principle should be applied, and the child should be heard, with their views given due weight in accordance with their age and maturity. When children as a group are affected by proposed policies or laws, the best interests of children should be proactively considered, and children should be consulted as part of the development process. FREE AND EQUAL A Human Rights Act for Australia 2022 21