international human rights treaties to which
Australia is a party was listed as an item to
be given to the Standing Council of Treaties.
Consultation was to be undertaken with states
and territories, relevant Australian Government
agencies and civil society and to be finalised by
the end of 2012.32
The 2010 Framework and subsequent UPR
voluntary pledges included actions that would
adopt a more systemic approach to considering
and addressing human rights at the national
level. These commitments were aimed at
addressing known and accepted deficiencies in
the national system of protecting human rights.
These mechanisms have mostly fallen into
disuse, with public-facing information being out
of date and not maintained on a regular basis.
(vii) Streamlining and harmonising
anti‑discrimination legislation
The 2010 Framework included a commitment
to harmonise and consolidate Commonwealth
anti-discrimination laws ‘to remove unnecessary
regulatory overlap, address inconsistencies across
laws and make the system more user‑friendly’.33
The objective was ‘to create a more effective
system of protections from unlawful
discrimination, greater certainty for businesses and
the most efficient enforcement mechanisms’.34
The aim was that streamlined Commonwealth
laws would lead the way for the development
of national harmonised laws across Australia,
led through the Standing Committee of
Attorneys‑General.35 An Exposure Draft Bill
consolidating federal anti-discrimination
laws was released in November 2012.36 While
there were many positive features to the Bill,
a number of changes were recommended
by a parliamentary committee inquiry. The
Australian Government announced that it
would not seek to address these prior to
the next federal election, and would instead
deal with the discrete issue of including new
protections in the Sex Discrimination Act
against discrimination on the basis of sexual
orientation, intersex status and gender identity.
40
The then Government lost the subsequent election
in September 2013, and as the new Government
did not support the Bill, the broader reforms to
federal discrimination law did not occur.
The Commission’s Position Paper, Free & Equal:
a reform agenda for federal discrimination
laws (2021) provides an extensive review of the
current status of these laws and highlights the
pressing and long overdue need for reform.
Reforms to federal discrimination laws, based
on the Commission’s recommendations in
the Position Paper, together with subsequent
consideration in the Disability Royal
Commission in particular, form part of the
recommendations in this report in chapter 4.
(viii) Other commitments
The 2010 Framework also committed to NGO
Forums on Human Rights, hosted by the
Attorney‑General and the Minister for Foreign
Affairs. The forums would provide a ‘comprehensive
consultation mechanism for discussion about
domestic and international human rights
issues’.37 At least one joint NGO Forum was held
before this practice was discontinued.
The Department of Foreign Affairs and Trade
(DFAT) and the Attorney‑General’s Department
(AGD) had a longstanding practice of convening
separate annual human rights forums. While
DFAT has regularly maintained this and other
engagement ahead of each session of the UN
Human Rights Council, the convening of NGO
forums by the AGD has been more sporadic.
The 2010 Framework and National Human
Rights Action Plan also committed to including
the President of the Australian Human Rights
Commission as a permanent member of
the Administrative Review Council.38 This
occurred until the Administrative Review
Council was effectively discontinued in 2015,
with its functions consolidated into the
Attorney‑General’s Department.39
While Australia does not have a current
National Human Rights Action Plan, it does
have multiple national action plans and national
frameworks on a range of thematic issues. For
FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights