1. Introduction: Towards a revitalised Human Rights Framework for Australia
The scope of this proposed National Human
Rights Framework is extensive. It will require
dedicated focus over a sustained period in
order to effectively implement each of the
thematic areas.
For this reason, the Commission also
recommends that the Framework be put into
place over a 10 year period.
Some of the proposed reforms will take
multiple years to achieve. For example:
• The Commission has proposed that its reform
agenda for federal discrimination law be
staged to address priority issues in the
first year, and then more transformational
change to the federal discrimination law
model after that. Only once these 2 stages
are undertaken can consideration be given to
issues such as harmonisation of discrimination
laws with the states and territories.
• The development of a Human Rights Act is
likely to take 12–18 months, with the Commission
recommending that an Exposure Draft Bill be
developed based on the Commission’s model
for a Human Rights Act. Once legislated,
there should be a 12 month period for
preparation and education before the Act’s
remedial pathways take effect. It should then
be reviewed after 5 years of operation.
• Developing a set of national human rights
indicators will also require intensive consultation
and coordination with other national data
reporting systems and frameworks.
As these reform processes are complex,
the Commission recommends that the
10 year timeframe is broken into two 5–year
implementation plans.
These plans should be appropriately resourced
and they should be developed with community
input – particularly the participation of groups
who are marginalised and whose human rights
the framework is seeking to address.
To ensure that the Framework is operating
effectively, it should have accountability
measures – by publishing targets (with
the outputs and outcomes to be achieved,
timeframes, identification of the responsible
agent to deliver). A monitoring, evaluation and
learning framework should also be included
with public reporting at regular intervals
(for example, 5 and 10 years).
The Commission also considers that the
National Human Rights Framework should sit
alongside other existing national frameworks,
and should not seek to replicate or replace
them. We discuss this further in the chapter
on human rights indicators and accountability
measures. To this end, the Commission also
recommends that the framework should
identify how it interacts with other national
frameworks, agreements and plans.
FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights
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