81 Australian Law Reform Commission, Traditional Rights and Freedoms: Encroachments by Commonwealth Laws (Final Report No 129, 2015). 82 George Williams, ‘The Legal Assault on Australian Democracy’ [2016] 16(2) QUT Law Review 19, 23. 83 George Williams, ‘The Legal Assault on Australian Democracy’ [2016] 16(2), QUT Law Review 19. 84 See, eg, James Allan, Siren Songs and Myths in the Bill of Rights Debate (Papers on Parliament No 49, August 2008) <https://www.aph.gov.au/ About_Parliament/Senate/Powers_practice_n_ procedures/pops/pop49/billofrightsdebate>. 85 Jim McGinty, ‘A Human Rights Act for Australia’ (2010) 12(1) University of Notre Dame Australia Law Review 25; Law Council of Australia, Submission 166, Free & Equal Inquiry. 86 David Reid, Submission 18, Free & Equal Inquiry; Julian Gardner, Submission 79, Free & Equal Inquiry; Uniting Church of Australia, Submission 91, Free & Equal Inquiry; Australian Lawyers for Human Rights, Submission 128, Free & Equal Inquiry. 87 Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 (Cth); Elise Scott, ‘Senate passes controversial metadata laws’ Sydney Morning Herald (Online) 27 March 2015 <https://www.smh.com.au/politics/federal/ senate-passes-controversial-metadata-laws20150326-1m8q3v.html>. 88 See eg, discussion in Parliamentary Joint Committee on Human Rights, Human Rights Scrutiny Report: Twentieth report of the 44th Parliament (March 2015) 39–75. Australian Human Rights Commission submission to the Parliamentary Joint Committee on Human Rights, Review of the mandatory data retention regime (July 2019) <https://humanrights.gov.au/ourwork/legal/submission/review-mandatory-dataretention-regime-2019>. 89 See eg, Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (Cth); Telecommunications Legislation Amendment (International Production Orders) Act 2020 (Cth); Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (Cth). 90 Parliamentary Joint Committee on Intelligence and Security, Review of the mandatory data retention regime (October 2020) xi. 91 Independent National Security Legislation Monitor, Trust but verify: A report concerning the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 and related matters (9th Report, June 2020) 42 (Recommendation 3). 92 See discussion chapter 13. Australian Law Reform Commission, Traditional Rights and Freedoms: Encroachments by Commonwealth Laws (Final Report No 129, December 2015) (ALRC, Freedoms Report) ch 3 provides a summary and analysis of the various Commonwealth scrutiny mechanisms. The section from [3.21]–[3.49] summarises the scrutiny committees. 93 Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) s 7(a). 94 Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) ss 8(5), 9(4). 95 See description of the Committee’s work in Australian Law Reform Commission, Traditional Rights and Freedoms – Encroachments by Commonwealth Laws (Final Report No 129, 2015) 41–43. 96 Kirsty Magarey and Roy Jordan, ‘Parliament and the protection of human rights’ Parliament Law and Bills Digest (Online, 2010) <https://www. aph.gov.au/about_parliament/parliamentary_ departments/parliamentary_library/pubs/ briefingbook43p/humanrightsprotection>. 97 Charter of Human Rights and Responsibilities Act 2006 (Vic). 98 Human Rights Act 2004 (ACT). 99 Human Rights Act 2019 (Qld). 100 Human Rights Law Centre, Charters of Human Rights Make Our Lives Better: Here are 101 cases showing how (2022) <https://www.hrlc.org.au/ reports/2022/6/2/charters-of-human-rightsmake-our-lives-better>. 101 Australian Human Rights Commission Act 1986 (Cth) ss 11(a) and (aa). Such claims arise under Australia’s anti-discrimination legislation, which includes the Racial Discrimination Act 1975 (Cth), the Sex Discrimination Act 1984 (Cth), the Disability Discrimination Act 1992 (Cth) and the Age Discrimination Act 2004 (Cth). 102 Australian Human Rights Commission Act 1986 (Cth) s 31(b). 103 Australian Human Rights Commission Act 1986 (Cth) s 11(f)(i). 104 Australian Human Rights Commission Act 1986 (Cth) s 11(1)(j). 105 Australian Human Rights Commission Act 1986 (Cth) s 11(1)(k). 106 Australian Human Rights Commission Act 1986 (Cth) s 20A. 107 Commonwealth, Parliamentary Debates, Senate, 25 September 1979 (Peter Durack, AttorneyGeneral) speaking to the Human Rights Commission Bill 1979. 108 Commonwealth, Parliamentary Debates, Senate, 25 September 1979 (Peter Durack, AttorneyGeneral). 109 Australian Human Rights Commission, Report No. 40: Complaints by immigration detainees against the Commonwealth of Australia (Department of Immigration and Citizenship, formerly the Department of Immigration and Multicultural and Indigenous Affairs) and GSL (Australia) Pty Ltd (2009), recommendation 22, 23 and 24. 110 Australian Human Rights Commission, Report No. 80: KA, KB, KC and KD v Commonwealth of Australia [2014] AusHRC 80 (December 2014); Senate Standing Committee on Community Affairs, Indefinite detention of people with FREE AND EQUAL A Human Rights Act for Australia 2022 63