1. Introduction: Towards a revitalised Human Rights Framework for Australia
1.6 The Free & Equal process
The scope of the Free & Equal project has
been wide and ambitious. To cover such a wide
field envisaged in the Terms of Reference, the
Commission divided the scope of work into
3 parts:
• discrimination law reform
• developing a model Human Rights Act
• accountability mechanisms.
To launch the project, the Commission held the
Free & Equal national conference on human
rights, featuring the personal attendance of the
United Nations High Commissioner for Human
Rights, HE Dr Michelle Bachelet, in October 2019.17
Immediately following this, the Commission
hosted Professor Manfred Nowak, Independent
Expert leading the United Nations Global Study
on Children Deprived of Liberty, for the Pacific
launch of the United Nations Global Study on
Children Deprived of Liberty.18 An initial round of
consultations for the project were convened with
the attendance of the High Commissioner for
Human Rights and Professor Nowak.
During 2019, the Commission released a
number of documents to facilitate focused
consultation:
• an Issues Paper describing the human rights
landscape and asking general questions
about priorities for reform19
• a Discussion Paper on priorities for federal
discrimination law reform20
• a Discussion Paper on the positive framing
of human rights through a national Human
Rights Act21
• a Discussion Paper on ensuring effective
national accountability for human rights.22
The Commission then convened a series of
technical workshops on key thematic issues:
• August 2019: Ensuring Effective National
Accountability for Human Rights Workshop
convened in partnership with the Human
Rights Institute at UNSW.
• October–December 2020: roundtables
and industry consultations on federal
discrimination law reform with industry,
unions, government, community legal centres
and legal aid agencies, academics, barristers
and NGOs.
• April–June 2021: roundtables on the positive
framing of human rights and the key
elements of a federal Human Rights Act.
• May 2021: Technical workshop on improving
parliamentary scrutiny of human rights,
convened in partnership with the Castan
Centre for Human Rights at Monash
University and the University of Adelaide.
In 2019 and into 2020, the Commission opened
a public submission process for the Discussion
Papers as well as conducting consultations
nationally. We received over 160 written
submissions, with 190 people participating
in national consultations. With the outbreak
of COVID‑19 in March 2020, the consultation
methodology shifted to online meetings and
roundtables.
In response to the Discussion Papers and in the
lead-up to the first Position Paper, Free & Equal:
a reform agenda for federal discrimination
laws (2021), there were a total of more than
1,000 stakeholders who engaged in the
project, inclusive of submissions, consultations,
roundtables, technical workshops and the
national conference.
Prior to the release of the Human Rights Act
Position Paper in March 2023, an additional
45 consultations were held with over 200
participants, from legal, business, NGO and
public sectors, academia and Parliamentarians.
FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights
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