2.3 Role of the Parliamentary Joint Committee on Human Rights 14. The Parliamentary Joint Committee on Human Rights (PJCHR) analyses bills and legislative instruments before the federal Parliament for compliance with human rights.14 The definition of human rights is the seven international instruments to which Australia is a party, including the CAT.15 15. The PJCHR considers legislative instruments and raises concerns when they believe that proposed legislation places an unjustifiable limitation on human rights. However, legislators are under no obligation to amend bills to reflect these concerns. The Commission notes that the findings of the PJCHR are often not taken into account by legislators when they are deliberating on proposed legislation.16 As a comparison, the views of the Parliamentary Joint Committee on Intelligence and Security are more regularly considered in relation to legislation on national security issues.17 16. The Commission is also concerned about the variable quality of ‘Statements of Compatibility with Human Rights’ that accompany bills introduced to Parliament. While sometimes they are thorough, other times they do not adequately identify how breaches of human rights in the legislation could be considered legitimate or proportionate.18 The Commission notes that the quality of Statements of Compatibility and associated legislation could be improved by ensuring there is regular education and training support for public servants on human rights.19 Recommendation 3: Government train public servants to ensure that Statements of Compatibility are of a consistently high standard; and ensure the proper consideration of PJCHR views by Parliamentarians in the enactment of legislation. 3 Implementation of OPCAT 3.1 OPCAT progress to date 17. Australia signed OPCAT in 2009 and ratified it in 2017, although the obligation to establish National Preventive Mechanisms (NPMs) was postponed for three years by way of a declaration under Article 24. The Committee subsequently accepted Australia’s further request for an extension of this obligation, with the new date for full compliance being 20 January 2023.20 18. The Australian Government has elected to adopt a multiple-body monitoring system with the Commonwealth, States and Territories asked to 6

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