The Commission proposes that when a court has found a parliamentary intention to override human rights contained in the Human Rights Act, the Attorney-General should be required to trigger a process for reviewing the law in question. This will require the Attorney-General’s Department to have processes in place to monitor cases that arise under the Human Rights Act. It will not require a formal DOI to be issued by the court to Parliament. Under a Human Rights Act, individuals will continue to be able to make complaints to the Commission but rather than such complaints referring to international instruments, it would be by reference to the rights enumerated in the Human Rights Act. Consistent with federal discrimination law, there would also be a new pathway to bring claims before the courts alleging a breach of these rights. • Cause of action (j) Cause of action, complaints and remedies The integration of human rights considerations into the decision-making processes of public authorities should make public servants more aware of the impacts of their decisions, and therefore help to prevent human rights breaches in decision making and policy design. However, sometimes better processes and education will not be enough, and breaches of human rights may occur. In those circumstances a Human Rights Act should provide a cause of action, a complaints pathway, and enforceable remedies. The Commission recommends that each right should have a direct cause of action, and an associated range of remedies. Currently, individuals can bring human rights complaints through the Commission’s existing Australian Human Rights Commission Act 1986 (Cth) jurisdiction. This is by reference to international instruments that are scheduled to the legislation. 26 The Commission’s proposed rights are all amenable to enforcement by complaints bodies and courts. Unlawful actions and decisions in relation to all rights in the Human Rights Act should give rise to a standalone cause of action. This would provide clarity and consistency and enable the enforcement of rights in accordance with Australia’s international obligations. The Human Rights Act should also allow for Human Rights Act rights to be raised in the context of another legal proceeding (for example, in a judicial review proceeding or as part of a bail application).