3. A Human Rights Act for Australia (d) Standing and costs The Commission proposes that standing under the Human Rights Act be afforded to individuals who claim that their human rights were breached by public authorities, and organisations or entities acting in the interest of a person, group or class affected by human rights breaches (representative standing). It is important that representative standing be circumscribed to ensure that claims address a specific breach of human rights in relation to a particular individual or a clearly defined and identified group of individuals. The organisation initiating a claim should also have some kind of subject matter connection and/or representative interest in the matter at hand. An additional means of enhancing access to justice is to include protections against adverse cost orders. 3.10 The Disability Royal Commission’s recommendations for a Disability Rights Act The Commission welcomes the Final Report and recommendations made by the Disability Royal Commission, after four and a half years of inquiry. Over the course of its inquiry, the Disability Royal Commission took a rights‑based approach, which is reflected in its Final Report and recommendations. The Disability Royal Commission acknowledged the work underway through the Commission’s Free & Equal project and the PJCHR inquiry into the scope and effectiveness of Australia’s Human Rights Framework. It took the view that consideration of a federal Human Rights Act was beyond its terms of reference: Human rights and anti-discrimination law reform along the lines proposed by the AHRC has the potential to enhance rights protection for all Australians, including people with disability. However, even with these reforms, more protection of the human rights of people with disability would still be needed.9 (e) Remedies The Commission proposes that the Human Rights Act give courts discretion over the range of remedies available, noting the range of different kinds of human rights claims and the importance of flexibility. Available remedies may include injunctions, orders requiring action, monetary damages and the setting aside of administrative decisions. 3.9 Periodic reviews The Human Rights Act should include a provision for a periodic statutory review process within a set timeframe. The Commission proposes that an initial review be undertaken at the 5-year mark, with the timeline for subsequent reviews assessed at that stage. While broadly supportive of the Commission’s proposal for a Human Rights Act, the DRC limited its recommendation to the enactment of a standalone Disability Rights Act (DRA) to protect the rights of people with disability. Among other things, the DRA would create a new National Disability Commission. The Commission welcomes the particular attention paid by the Disability Royal Commission to implementing specific rights under the UN CRPD10 in domestic legislation. Just as the Commission proposes to potentially consolidate discrimination laws, there remains a strong argument for the establishment of a holistic and comprehensive Human Rights Act that can include obligations contained in all of the international treaties. FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights 67