Australian Human Rights Commission CRPD information concerning Australia – 11.03.13 3 9. 3.1 Legal framework for human rights protection (article 4) Australia’s federal Disability Discrimination Act commenced on March 1st 1993. Protection against discrimination on the basis of disability is also available at state level.2 In recent years, the Act has been supplemented by the National Human Rights Framework, the National Human Rights Action Plan and the National Disability Strategy. The National Disability Insurance Scheme, when implemented, will also contribute to the legal framework for human rights protection. National Human Rights Consultation 10. Many of the international human rights standards agreed to by the Australian Government, including those set out in the Disability Convention, have not been fully incorporated into Australian law. People with disability who experience human rights violations can be left without legal remedies. 11. During 2009, the Australian Government undertook a National Human Rights Consultation, seeking a broad range of views regarding the protection and promotion of human rights. The Commission, and thousands of other individuals and organisations, contributed to the Consultation. The Consultation Committee report, released in October 2009, recommended, among other things, that the federal Parliament adopt a Human Rights Act. 12. In April 2010, the Australian Government responded to the national Human Rights Consultation report by announcing that it would not introduce a Human Rights Act. Instead, it announced Australia’s Human Rights Framework, which commits to a variety of measures to strengthen the protection and promotion of human rights in Australia. While the Commission strongly welcomed the measures included in the Framework, these measures alone are not sufficient to address all of the weaknesses in Australia’s system of human rights protection for people with disability. 3.2 13. National Human Rights Framework As noted above, in April 2010, the Australian Government responded to the national Human Rights Consultation report by announcing Australia’s Human Rights Framework. The Framework is informed by seven core human rights treaties, including the Disability Convention,3 and outlines the key measures to guide the Governments human rights work.4 These key measures include: • human rights education for the community • establishing a federal Parliamentary Joint Committee on Human Rights to scrutinise existing and new legislation for compliance with Australia’s human rights obligations • requiring that all new federal legislation be accompanied by a statement of compatibility with Australia’s human rights obligations • developing a consolidated federal anti-discrimination law 4

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