1. Introduction: Towards a revitalised Human Rights Framework for Australia
1.7 Report overview
(a) Towards a revitalised Human Rights
Framework for Australia
(d) A law reform agenda for federal
discrimination laws
Chapter 1 outlines the actions necessary for the
Australian Government to meet its obligations
to respect, protect and fulfil human rights
in a revitalised Human Rights Framework.
It recommends a National Human Rights
Framework for Australia so that we can achieve
an effective system of human rights protection
for 21st century Australia.
Chapter 4 recalls the 4 integrated sets of
reforms to federal discrimination laws set
out in the Commission’s first Position Paper,
to improve the effectiveness of federal
discrimination laws. This is built on 4 pillars:
The proposed national framework has 8 key
action areas (set out in recommendation 1), which
are each described in detail in the subsequent
chapters of this report. The chapter also sets out
key accountability mechanisms for the national
framework (set out in recommendation 2).
• improving the practical operation of the laws.
(b) Context for reform
Chapter 2 sets out the context for the reforms
recommended in this report. It describes how a
national framing of human rights protections in
Australia has been intermittent and incomplete.
There has been patchy implementation, false starts
and abandoned plans and frameworks, resulting
in significant gaps in protection of human rights
and in implementation of expectations and
obligations in the international context.
The chapter describes the prior attempts
towards national human rights reform, their
limitations and failings, to provide the context
for the recommendations in this Final Report.
(c) A model Human Rights Act for
Australia
Chapter 3 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.
• building a preventative culture
• modernising the regulatory framework
• enhancing access to justice
The Commission recommends a staged
approach to federal discrimination law in a new
Human Rights Framework that can:
• address the immediate priorities of
government that are already underway and
also address urgent technical fixes to federal
discrimination laws that would improve their
operation (to be completed in year 1 of the
new framework)
• commit to undertaking a broader reform of
federal discrimination laws to shift the model
and introduce new co-regulatory approaches
(to be completed in years 2 and 3 of the
new framework).
(e) Strengthening the role of Parliament
in protecting human rights
Chapter 5 includes a set of reforms that focus
on strengthening the role of Parliament in
protecting human rights. The Commission
proposes reforms that would enhance the
effectiveness of the Parliamentary Joint
Committee on Human Rights and the
associated process for analysing the human
rights impact of proposed laws and regulations;
and enhance parliamentary oversight of decisionmaking in relation to the scope of Australia’s
international human rights obligations, and
actions to be taken to respond to breaches of
our international human rights obligations.
FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights
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