Australian Human Rights Commission Submission to the UN Human Rights Committee, 18 September 2017 Endnotes 1 United Nations Human Rights Committee, Rules of procedure of the Human Rights Committee, UN Doc CCPR/C/3/Rev.10 (11 January 2012). At http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR%2fC%2f3%2 fREV.10&Lang=en (viewed 14 September 2017). 2 Parliamentary scrutiny processes include the Senate Standing Committee on Regulations and Ordinances, Senate Standing Committee for the Scrutiny of Bills, Parliamentary Joint Committee on Human Rights, Senate Standing Committee on Legal and Constitutional Affairs, Parliamentary Joint Committee on Intelligence and Security and Parliamentary Joint Committee on Law Enforcement. Other review mechanisms include the Australian Human Rights Commission, Independent National Security Legislation Monitor and Australian Law Reform Commission. See Australian Law Reform Commission, Traditional Rights and Freedoms – Encroachments by Commonwealth Laws (Final Report) (2016) Ch 3. At https://www.alrc.gov.au/sites/default/files/pdfs/publications/alrc_129_final_report_.pdf (viewed 11 September 2017). 3 Since the beginning of 2016, the Parliamentary Joint Committee on Human Rights has reviewed 74 other legislative instruments. Parliamentary Joint Committee on Human Rights, Index of Bills and Legislative Instruments. At http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Index_of_bills_and_i nstruments (viewed 11 September 2017). 4 Human Rights (Parliamentary Scrutiny) Act 2011 (Cth), ss 8, 9. At https://www.legislation.gov.au/Details/C2011A00186 (viewed 11 September 2017). 5 George Williams and Daniel Reynolds, ‘The Operation and Impact of Australia’s Parliamentary Scrutiny Regime for Human Rights’ (2015) 41(2) Monash University Law Review 469, 477, 506-7. At http://www.austlii.edu.au/au/journals/MonashULawRw/2015/17.html (viewed 11 September 2017). 6 George Williams and Daniel Reynolds, ‘The Operation and Impact of Australia’s Parliamentary Scrutiny Regime for Human Rights’ (2015) 41(2) Monash University Law Review 469, 474-5. At http://www.austlii.edu.au/au/journals/MonashULawRw/2015/17.html (viewed 11 September 2017). 7 Shawn Rajanayagam, ‘Does Parliament Do Enough? Evaluating Statements of Compatibility under the Human Rights (Parliamentary Scrutiny) Act’ (2015) 38(3) University of New South Wales Law Journal 1046, 1069-1070. At http://www.austlii.edu.au/cgi-bin/download.cgi/cgibin/download.cgi/download/au/journals/UNSWLJ/2015/37.pdf (viewed 11 September 2017). 8 Australian Law Reform Commission, Traditional Rights and Freedoms – Encroachments by Commonwealth Laws (Final Report) (2016) 75-76 [3.95]. At https://www.alrc.gov.au/sites/default/files/pdfs/publications/alrc_129_final_report_.pdf (viewed 11 September 2017). The ALRC’s suggestions include additional guidance to policy makers during policy development and legislative drafting stages; improving quality of explanatory material and statements of compatibility; effective and appropriate streamlining of overlapping work across scrutiny committees; increasing time available to conduct scrutiny; and improving extent to which Parliament considers the scrutiny reports. 9 Charter of Human Rights and Responsibilities Act 2006 (Vic). At https://www.humanrightscommission.vic.gov.au/human-rights/the-charter (viewed 11 September 2017); Human Rights Act 2004 (ACT). At http://www6.austlii.edu.au/cgibin/viewdb/au/legis/act/consol_act/hra2004148/ (viewed 11 September 2017). 10 Legal Affairs and Community Safety Committee, Parliament of Queensland, Inquiry into a possible Human Rights Act for Queensland (Report No 30) Recommendation 1, xx. At http://www.parliament.qld.gov.au/docs/find.aspx?id=5516T405 (viewed 11 September 2017). Earlier this year, a petition was launched calling for a Tasmanian human rights Act (10 years after the Tasmanian Law Reform Institute recommended the establishment of a state human rights Act). See Blair Richards, ‘Campaign begins to put a human rights Act back on agenda’, The Mercury (online), 22 January 2017. At http://www.themercury.com.au/news/politics/campaign-begins-to-put-a-humanrights-act-back-on-agenda/news-story/d70cf11696eed0de5c42cf2be381335f (viewed 11 September 2017). 11 Minister for Foreign Affairs and Attorney General, ‘Improving oversight and conditions in detention’ (Media Release, 9 February 2017). At https://www.attorneygeneral.gov.au/Mediareleases/Pages/2017/FirstQuarter/Improving-oversight-andconditions-in-detention.aspx (viewed 11 September 2017). 40