2. Context for reform
• reviewing federal legislation for any barriers
to older people participating in productive
work
• an Act of Recognition acknowledging the
unique and special place of Australia’s First
Peoples, as an important step towards holding
a successful referendum to change the
constitution to recognise Indigenous people
• working with the states and territories on the
regulation of sterilisation of women and girls
with disability
• implementing the National Anti-Racism
Partnership and Strategy, led by the
Australian Human Rights Commission, and
• ensuring accessible communications for
people with disability in the event of an
emergency.27
The Action Plan was discontinued when there
was a change of government in September 2013,
and there has been no national action plan or
substituted alternative in the 10 years since.
In chapter 6 of this report (on accountability
mechanisms), the Commission proposes
alternatives to the adoption of a new National
Human Rights Action Plan, in light of the
challenges faced with previous action plans.
(iv) Parliamentary scrutiny
The establishment of the Parliamentary Joint
Committee on Human Rights (PJCHR) in 2012
was an action under the principle of ‘protect’
in the 2010 Framework.28 The human rights
scrutiny processes established under the Act
included the requirement for each new Bill and
delegated legislation subject to disallowance
to be accompanied by a statement outlining
its compatibility with 7 core UN human rights
treaties to which Australia is a party.29 The
object of this scrutiny was to encourage early
and ongoing consideration of human rights
issues in policy and legislative development.
The effectiveness of the PJCHR and its
functions have not been formally reviewed
by Parliament or government since it began
operating a decade ago. The Commission
undertook a detailed analysis of its operation
in the Position Paper: A Human Rights Act for
Australia in 2023. The Commission commends
the introduction of the PJCHR and the
requirement of a Statement of Compatibility
and, in chapter 5 of this report, makes
recommendations to enhance the operation
of this parliamentary scrutiny process.
(v) Human rights education
Under the 2010 Framework, the Government
committed to enhancing support for human
rights education, including the provision of:
• $2 million over 4 years to non-government
organisations for the development and
delivery of community education and
education programs
• $6.6 million over 4 years to the Australian
Human Rights Commission for community
education
• $3.8 million for an education and training
program for the Commonwealth public
sector, including the development of a
human rights toolkit and guidance materials
for public sector policy development and
implementation of Government programs.
Funding for the above education initiatives was
not continued at the end of the 4 years of the
Framework.
In this report, the Commission affirms its
support for human rights education measures
to be central to a renewed Human Rights
Framework.
(vi) Review of legislation and policy
Under the principle of ‘respect’, the Australian
Government committed to reviewing legislation,
policies and practices for compliance with
the 7 core UN human rights treaties to which
Australia is a party.30 The Framework also
stated that ‘views expressed by UN human
rights bodies will be taken into account in
identifying areas for review’.31
The National Human Rights Action Plan
2012 was informed by the UPR process and
reviewing the reservations under the seven core
FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights
39