There are deficiencies in 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 Human
Rights Act.
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
nearly 40 years, the Commission’s proposal
for a Human Rights Act is an evolution not a
revolution.
3.5 The model Human Rights
Act for Australia
(a) Framing principles
In the development of the proposed model for
a national Human Rights Act, the Commission
was guided by the following principles. An
Act must be:
1.
Australian: We need a Human Rights Act
that reflects our shared values and embeds
rights into our domestic system.
2.
Democratic: We need a Human Rights Act
to strengthen existing democratic and rule
of law principles. The model should be
parliamentary, accountable, participatory
and balanced.
– Parliamentary – by preserving
parliamentary sovereignty in a model
based on dialogue.
– Accountable – by enhancing the rule of
law and providing a check on executive
power.
– Participatory – by improving the quality
of public debate and enabling minority
and vulnerable groups to have a voice in
decisions that affect them.
– Balanced – by setting out a framework
for navigating the intersection of varied
public interests and rights.
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3.
Preventative: We need proactive measures
to prevent human rights abuses. A Human
Rights Act should embed procedural
measures to enable early consideration
of human rights, and foster a culture of
respect for human rights throughout the
whole of government.
4.
Protective: We need safeguards against
human rights abuses, through a Human
Rights Act with pathways for individuals to
access justice and redress through courts.
5.
Effective: We need a Human Rights Act
that facilitates better decision making
based on human rights standards, and
equality of access to effective interventions
to protect human rights.
FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights