Chapter 4: Endnotes 1 See eg, Judicial College of Victoria, Victorian Charter of Human Rights Bench Book (2016) [1.2. Structure and Operation] <https:// www.judicialcollege.vic.edu.au/eManuals/ CHRBB/57245.htm>. 2 Human Rights Act 1998 (UK); New Zealand Bill of Rights Act 1990 (NZ); Human Rights Act 2004 (ACT); Charter of Human Rights and Responsibilities Act 2006 (Vic); Human Rights Act 2019 (Qld). 3 Frank Brennan et al, National Human Rights Consultation Committee Report (AttorneyGeneral’s Department, September 2009) xxxiv (Recommendation 19); See, eg, Australian Lawyers Alliance, Submission 29, Free & Equal Inquiry; NSW Young Lawyers, Submission 35, Free & Equal Inquiry; Queensland Advocacy Incorporated, Submission 63, Free & Equal Inquiry; Human Rights Law Centre, Submission 65, Free & Equal Inquiry; Julian Gardner, Submission 79, Free & Equal Inquiry; Amnesty International Australia, Submission 103, Free & Equal Inquiry; Human Rights Alliance for NSW, Submission 107, Free & Equal Inquiry; Canberra Community Law, Submission 111, Free & Equal Inquiry; Victorian Equal Opportunity and Human Rights Commission, Submission 135, Free & Equal Inquiry; Victoria Legal Aid, Submission 141, Free & Equal Inquiry; ACT Human Rights Commission, Submission 152, Free & Equal Inquiry; Law Council of Australia, Submission 166, Free & Equal Inquiry. 4 Other potential terms that describe the overarching approach taken by the Commission to the proposed model include a ‘weak-form review’ model, or a ‘responsive’ model. For further discussion, see, eg, Aileen Kavanagh, ‘What’s so weak about “weak-form review”? The case of the UK Human Rights Act 1998’ (2016) 13(4) International Journal of Constitutional Law, 1008; Rosalind Dixon, Responsive Judicial Review: Democracy and Dysfunction in the Modern Age (Oxford Comparative Constitutionalism, 2022). 5 Julian Gardner, Submission 79, Free & Equal Inquiry; Public Interest Advocacy Centre, Submission 69, Free & Equal Inquiry; Positive Life NSW, Submission 72, Free & Equal Inquiry; Lisa Ho, Submission 11, Free & Equal Inquiry; Lisa Ho, Submission 11, Free & Equal Inquiry; Rape and Domestic Violence Services Australia, Submission 77, Free & Equal Inquiry; NSW Centre for the Treatment and Rehabilitation of Torture and Trauma Survivors, Submission 95, Free & Equal Inquiry; Australian Privacy Foundation, Submission 119, Free & Equal Inquiry; Sean Stimpson et al., Submission 158, Free & Equal Inquiry; ACT Disability, Aged and Carer Advocacy Service, Submission 134, Free & Equal Inquiry. FREE AND EQUAL A Human Rights Act for Australia 2022 103

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