Australian Human Rights Commission
CRPD information concerning Australia – 11.03.13
40.
3.5
The Commission notes however, that there is less evidence of progress in the
protected area of employment and in areas not addressed by the Disability
Discrimination Act such as violence against people with disability in
institutional settings, access to justice and involuntary and non-therapeutic
sterilisation (section 4 below).
Consolidation of Australia’s discrimination laws
41.
As part of its implementation of the National Human Rights Framework the
Government has made efforts to consolidate all Commonwealth antidiscrimination laws into a single Act. The exposure draft legislation for the
consolidated anti-discrimination law, the draft Human Rights and AntiDiscrimination Bill 2012 (the Bill) was released in November 2012. On 21
November 2012 the Senate referred the exposure draft of the Bill to the
Senate Legal and Constitutional Affairs Committee for inquiry and report.
Submissions on the exposure draft were requested by 21 December 2012.
The Inquiry report was released 21 February 2013.23
42.
The Commission welcomes the report of the Senate Legal and Constitutional
Legislation Committee on the Bill to consolidate the five existing
Commonwealth anti-discrimination acts, including the Disability Discrimination
Act, into a single comprehensive law.
43.
The Committee made 12 recommendations to improve the Bill and to ensure
that it meets the aim of providing anti-discrimination laws that reduce
unnecessary overlap, address inconsistencies and provide for a more user
friendly system. The Commission commends the Government for the level of
stakeholder engagement that was employed in the drafting process, and
encourages Parliament to ensure the Consolidation Bill is passed.
44.
The Commission notes that the Bill would not diminish existing rights under
the Disability Discrimination Act.
45.
The Commission has sought inclusion of a range of measures to improve
consistency in practice and access to justice, including in relation to standing
to bring discrimination matters before the Federal Court. For example,
consideration of provision for initiation of matters by representative
organisations and other bodies with a sufficient interest, but only by leave of
the court with regard to appropriate criteria. At the time of writing this range of
measures are under consideration.
3.6
46.
National Disability Strategy
The National Disability Strategy 2010-2020 (National Disability Strategy),24
was formally endorsed by the Council of Australian Governments (COAG) on
13 February 2011. The focus of the first year of the National Disability
Strategy was to be on the development of an implementation plan, with
Community and Disability Services Ministers to report on their implementation
plans to COAG after the first 12 months.
9