Chapter 3: Endnotes 1 The Commission notes the Australian Government’s 2009 Access to Justice Framework described the key principle of ‘effectiveness’ in that framework as follows: ‘The interaction of the various elements of the justice system should be designed to deliver the best outcomes for users. Justice initiatives should be considered from a system-wide perspective rather than on an institutional basis. All elements of the justice system should be directed towards the prevention and resolution of disputes, delivering fair and appropriate outcomes, and maintaining and supporting the rule of law’. Australian Government Attorney-General’s Department Access to Justice Taskforce, A Strategic Framework for Access to Justice in the Federal Civil Justice System (2009), 8. 2 See, eg, Australian Lawyers Alliance, Submission 29, Free & Equal Inquiry; Human Rights Law Centre, Submission 115, Free & Equal Inquiry. 3 Frank Brennan et al, National Human Rights Consultation Committee Report (AttorneyGeneral’s Department, September 2009), discussed in Australian Lawyers Alliance, Submission 29, Free & Equal Inquiry. 4 5 6 7 8 9 10 94 Human Rights Law Centre, ‘COVID-19 sees huge increase in support for a Charter of Human Rights: poll’ (Media Release, 9 September 2021) <https://www.hrlc.org.au/news/2021/9/7/covid19-sees-huge-increase-in-support-for-a-charterof-human-rights-poll>. Australia’s Human Rights Barometer: Overwhelming support for a Human Rights Act’ Amnesty International (Web Page, 16 August 2021) <https://www.amnesty.org.au/australiashuman-rights-barometer-overwhelming-supportfor-a-human-rights-act/>. See, eg, Australian Human Rights Commission, Annual Report 2020–21 – Complaint Statistics <https://humanrights.gov.au/sites/default/ files/2022-02/ahrc_ar_2020-2021_complaint_ stats.pdf>. Human Rights Law Centre, Charters of Human Rights make our lives Better: 101 Cases showing how (2022) <https://www.hrlc.org.au/ reports/2022/6/2/charters-of-human-rightsmake-our-lives-better>. Original source: The First Annual Report on the Operation of Queensland’s Human Rights Act 2019-20 (2020) 112. Human Rights Law Centre, Charters of Human Rights make our lives Better: 101 Cases showing how (2022) <https://www.hrlc.org.au/ reports/2022/6/2/charters-of-human-rightsmake-our-lives-better>. Original source: Hanover Welfare Services, Submission to the Review of the Victorian Charter, 2011. 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). The Commission’s model has most of the attributes of the dialogue model, with one key departure – the Commission is not proposing a formal power enabling courts to notify the Parliament about laws that breach human rights, and is instead proposing an alternative informal notification process. This is due to constitutional concerns that have been raised in relation to such a formal power in Australia, discussed in chapter 10. As such, the model may not be viewed as a ‘pure’ dialogue model, although it shares other key features of the model. 11 See, eg, Conor Gearty, Can Human Rights Survive? (Cambridge University Press, 2006) 95. 12 Julie Debeljak, ‘Rights Dialogue under the Victorian Charter: The Potential and the Pitfalls’ in Ron Levy, Molly O’Brien, Simon Rice, Pauline Ridge, Margaret Thornton (eds) Essays in Contemporary Law Reform (ANU, 2017) 408. 13 See Australian Human Rights Commission, Submission to National Human Rights Consultation Committee Report (2009) <https:// humanrights.gov.au/our-work/legal/submissionnational-human-rights-consultation-2009>. 14 See, eg, Victorian Equal Opportunity and Human Rights Commission, Submission 135, Free & Equal Inquiry. 15 Dicey’s definition in The Law of the Constitution (1885). 16 Victoria, Parliamentary Debates, Legislative Assembly, 4 May 2006, 1290, 1295 (Rob Hulls, Attorney-General); Michael Kirby, ‘An Australian Charter of Rights: Answering Some of the Critics’ (2008) 31 Australian Bar Review 149. 17 See discussion in Conor Gearty, On Fantasy Island (OUP, 2016) ch 9. 18 R. (on the application of Chester) v Secretary of State for Justice [2013] UKSC 63 [88]. 19 A (FC) and others (FC) (Appellants) v. Secretary of State for the Home Department (Respondent) [2004] UKHL 56 [42]. 20 Australian Constitution s 61. 21 See, eg, ‘Rule of Law’ Law Council of Australia (Web Page) <https://www.lawcouncil.asn.au/ policy-agenda/international-law/rule-of-law>. 22 See eg, National Justice Project, Submission 27, Free & Equal Inquiry; Law Council of Australia, Submission 166, Free & Equal Inquiry. 23 Robert French, ‘The Common Law and the Protection of Human Rights’ (Speech, Anglo Australasian Lawyers Society, Sydney, 4 September 2009) 2. 24 The Centre for Public Integrity, ‘Executive law-making doubles while accountability decreases’ (Briefing Paper, September 2020) <https://publicintegrity.org.au/wp-content/ uploads/2020/09/Briefing-paper-executivelawmaking-doubles.pdf>. 25 Yee-Fui Ng, ‘Have our governments become too powerful during COVID-19?’ The Conversation (Online) 20 September 2020 <https:// theconversation.com/have-our-governmentsbecome-too-powerful-during-covid-19-147028>.