Recommendation
resourcing of the PJCHR be increased to
enable it to perform the wider inquiry role.
4
Reform of federal discrimination laws
The Commission recommends that the
Australian Government modernise federal
discrimination laws to ensure their effectiveness
and shift the focus from a reactive model
that responds to discriminatory treatment
to a proactive model that seeks to prevent
discriminatory treatment in the first place.
C. Amendment of section 9 of the Human
Rights (Parliamentary Scrutiny) Act 2011
(Cth) to require Statements of Compatibility
for all legislative instruments.
D. That the range of matters to be addressed in
a Statement of Compatibility should include
consideration of consultations undertaken.
E.
That Statements of Compatibility include
consideration of compliance with the
United Nations Declaration on the Rights
of Indigenous Peoples.
F.
That with the introduction of a Human
Rights Act, the Human Rights (Parliamentary
Scrutiny) Act 2011 (Cth) is amended, or an
accompanying legislative instrument drafted,
to provide greater clarity on expectations in
Statements of Compatibility, both in regard
to rights and freedoms set out in the Human
Rights Act and the remaining obligations
under international treaties not expressly
included in the Human Rights Act.
Consideration should be given to undertaking
these reforms in 2 stages:
Stage 1: addressing immediate priorities and
fixing longstanding problems in the operation
of federal discrimination law (year 1)
Stage 2: introducing a new co-regulatory
model that broadens and expands on the
positive duty under the Sex Discrimination
Act (years 2–3).
Recommendation
5
G. A public sector human rights education
program be introduced, to provide training
and resources to public servants to enable
them to understand and analyse human rights.
Parliamentary scrutiny and the role of
the Parliamentary Joint Committee on
Human Rights (PJCHR)
The Commission recommends that:
A. Amendments be made to House and
Senate Standing Orders requiring that bills
may not be passed until a final report of the
PJCHR has been tabled in Parliament, with
limited exceptions for urgent matters. In
the event that a Bill proceeds to enactment
by exception, provision should be included
for a later review of the legislation if the Bill
relevantly engaged human rights.
B. Amendment of section 7 of the Human
Rights (Parliamentary Scrutiny) Act 2011
(Cth), along the lines of the power of the
UK Human Rights Committee, to allow it
to ‘make special reports on any human
rights issues which it may think fit to
bring to the notice of Parliament’ (but
excluding consideration of individual cases).
The Commission recommends that the
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H. Consideration be given to having designated
human rights advisers in Departments.
Recommendation
6
Parliament’s role in reviewing Australia’s
implementation of our international
human rights obligations
The Commission recommends that:
A. The Attorney‑General reinstate the practice
of tabling Concluding Observations of
human rights treaty committees in both
houses of Parliament.
B. The Australian Government should maintain
a publicly available and up to date database
about the Concluding Observations made
by each UN human rights treaty committee
and their status.
FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights