into planning and policy by public authorities associated with the justice system. The duty may arise as part of a consideration of whether related Human Rights Act rights were breached by public authorities due to a failure to implement minimum justice guarantees. • Technology and decision making Increasingly, public authorities are utilising technology, such as artificial intelligence (AI), when making decisions, including decisions that directly affect people’s rights. It is important that the same procedural fairness principles and rights consideration apply to all decisions made by public authorities, regardless of how the decision is made. This should be explicitly clarified in the Human Rights Act. (f) Jurisdiction and scope A Human Rights Act should protect all people within Australia’s territory and all people subject to Australia’s jurisdiction without discrimination. This reflects the fundamental principle that human rights are universal and apply equally to all human beings. A Human Rights Act should include individuals under Australia’s ‘effective control’ overseas in order to fully implement Australia’s international obligations. In light of Australia’s constitutional structure and the existing Human Rights Act instruments in states and territories, the Commission proposes that a federal Human Rights Act should be restricted to federal laws and federal public authorities. The Human Rights Act instruments in place in Victoria, Queensland and the ACT should not be affected by a federal Human Rights Act. The remaining states and the Northern Territory could be encouraged to adopt a Human Rights Act that mirrors the federal Human Rights Act. (g) Interpretation of rights in the Human Rights Act The Commission proposes that the Human Rights Act provide guidance about how rights in the Human Rights Act should be interpreted. As Human Rights Act rights are derived from international law, it is necessary for courts, tribunals and public authorities to be directed to consider international source instruments and related authoritative international materials, in order to gain context for how the rights are to be understood. The Human Rights Act should include a clause that references the seven core treaties that Australia has ratified and requires the rights in the Human Rights Act to be interpreted in light of those treaties. This will encourage courts (as well as Parliament and the Executive) to take into account these instruments when interpreting the rights within the Human Rights Act. This approach would also encourage consideration of explanatory General Comments and other relevant international materials, ensuring that the Human Rights Act remains a ‘living document’ that takes into account developments in international law, including after the Human Rights Act is adopted. (h) Interpretation of federal laws and limitations on human rights The interpretive clause provides guidance to courts about how they should interpret legislation in light of the human rights contained within the Human Rights Act. Courts are to prefer an interpretation that is compatible with human rights, provided that this is consistent with the intention of Parliament, as expressed through the statute under analysis. FREE AND EQUAL A Human Rights Act for Australia 2022 23