3. A Human Rights Act for Australia 3. A Human Rights Act for Australia 3.1 Overview This chapter concerns the centrepiece of the Commission’s proposed National Human Rights Framework: a National Human Rights Act. It recommends that the Government develop an Exposure Draft Bill based on the Commission’s model Human Rights Act for further consideration. The chapter sets out the key elements of the model Human Rights Act, and how it will significantly improve the protection of human rights for all people in Australia. Recommendation 3 A National Human Rights Act The Commission recommends that the Australian Government enact a Human Rights Act. Further, the Commission recommends that an Exposure Draft Bill be developed based on the Commission’s model Human Rights Act. 3.2 Introduction Throughout the Free & Equal project, the Commission has identified the importance of improving the ‘upstream’ consideration of human rights by the Parliament and Government. This means considering human rights from the outset of policy development, service design and decision making. This would prevent the violation of human rights from occurring in the first place, and ensure the engagement of the community in matters that directly affect them. Australia has taken many approaches to the protection of human rights over time, but structural weaknesses remain in how these rights are treated at the federal level. This was particularly evident throughout the COVID‑19 pandemic and with significant policy failures, such as the ‘Robodebt’ scheme. The missing element is a national Human Rights Act. A Human Rights Act would provide a level of accountability to elevate the consideration of human rights by explicitly naming Australia’s human rights obligations in a domestic legal framework and placing positive duties on public authorities to fully consider human rights. This provides a framework to improve human rights outcomes and to intervene early to prevent human rights breaches. Importantly, a Human Rights Act would ensure that there are consequences for failing to appropriately consider and protect human rights. The Commission’s Position Paper on this issue, released on 7 March 2023,1 sets out a model for a national Human Rights Act based on extensive research and consultation. The Commission’s model is calibrated to address the specific legal environment at the federal level in Australia. The model set out in the Position Paper builds on the existing Human Rights Act models and relevant reviews in the Australian Capital Territory (ACT), Victoria and Queensland. Since their enactment in the ACT and Victoria in 2004 and 2008 respectively, these Acts have enhanced the protection of human rights and FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights 47