A Human Rights Act would lead to the general public having general awareness and understanding of their own human rights, and being empowered to stand up for them. It would also improve awareness of the experiences of vulnerable members of society. Ideally, this will result in a willingness to face the ongoing human rights issues within Australia head on, through our democratic processes. In this regard, a Human Rights Act would be a positive statement of who we are as Australians, what we expect from our government and a framework for realising our values in practice. There is significant public support for the introduction of a Human Rights Act in Australia.2 In 2009, the National Human Rights Consultation Committee (NHRCC) conducted the largest ever nationwide consultation on human rights protections. Almost 9 out of 10 Australians consulted supported a Human Rights Act.3 A Human Rights Act was recommended by the NHRCC report, but has not yet been implemented. Recent debates on religious freedom and discrimination legislation, and about the COVID-19 emergency, indicate that there is a desire to embed human rights in Australia from many sectors within society, across the political spectrum. This conclusion is supported by Human Rights Law Centre data which shows that the appetite for a Human Rights Act remains strong within the community. A 2021 opinion poll of over 1,000 people across Australia found that 83% of people consider that there should be a document that sets out in clear language the rights and responsibilities that everyone has here in Australia — an increase from 66% in 2019. Additionally, 74% agreed that a Charter of Human Rights would help people and communities to ‘make sure the government does the right thing’, compared to 56% two years earlier.4 68 Meanwhile, a 2021 Amnesty International survey found that more than half of Australians believe we already have a national Human Rights Act and when told we’re the only Western liberal democracy without one, 76% said they would support its introduction.5 The Commission itself has also recorded renewed interest in human rights issues related to COVID-19 measures, evidenced by a dramatic increase in human rights related complaints and inquiries, and high engagement with online materials about COVID-19 and human rights issues.6 This data indicates that there is a strong democratic base in support of implementing a Human Rights Act that reflects our core values; and that the time for change is now. (b) Applies to all A Human Rights Act would not only benefit vulnerable individuals and minority groups. It would help to ensure that the rights of all people in Australia are properly understood and protected. A Human Rights Act will benefit anyone who relies upon or deals with government services or agencies. It may be that, in practice, members of the ‘majority’ will have limited need to enforce their rights through courts. However, the systems set up by the Human Rights Act would ensure that the rights of all people in Australia are respected in everyday life. It is the effect on decision making that will ultimately have the most impact in protecting people’s human rights.

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