UN Treaty bodies have repeatedly concluded
that core treaties have not been adequately
incorporated into Australia’s legal system. Many
of Australia’s commitments to human rights
are confined to rhetoric without corresponding
domestic protections.
The need for a Human Rights Act can be
summed up in one simple statement: people’s
human rights matter all of the time. Government
that is here to serve the people, should consider
their impact on people whenever they make
decisions.
• The current rights framework in Australia
is not easily explainable, or readily
comprehensible, to all people in Australia.
The above patchwork of rights is difficult to
explain to everyday Australians, whose rights are
meant to be protected.
Not only should the law afford appropriate
protection to the people of Australia, but it
should be capable of being understood by all.
• A Human Rights Act for Australia is an
evolution not a revolution
Human Rights Acts have been passed in three
states and territories in Australia and been
in operation since 2004. Throughout this
paper there are references to case studies of
how a Human Rights Act has made a positive
difference to the protection of human rights
in these jurisdictions, as well as in the multiple
countries that have introduced such legislation
over the past 20 years.
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The proposed model for a federal Human Rights
Act builds on the success and lessons from
these existing models, while also tailoring a
Human Rights Act to the specific constitutional
requirements of Australia.
The proposed model for a Human Rights Act
set out in this paper also seeks to build on
the lessons from the Australian Human Rights
Commission having administered a human rights
and ILO 111 complaints handling stream under
the Australian Human Rights Commission Act
1986 (Cth) (AHRC Act) since 1986. There are
deficiencies to how these complaint processes
operate, which limit their effectiveness. In the
Commission’s model for a Human Rights Act,
these existing human rights complaint streams
would be replaced with a much clearer set of
rights in the HRA.
By learning from the lessons of other models,
and building on the legacy of the AHRC Act
processes that have been in domestic law
for 36 years, the Commission’s proposal for
a Human Rights Act is an evolution not a
revolution.