Australian Human Rights Commission
Submission to the UN Human Rights Committee, 18 September 2017
9.
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The Australian Government’s commitment to adopt national justice
targets to reduce the rates of imprisonment of Aboriginal and Torres
Strait Islander adults and juveniles, and to resource a national strategy
to achieve this, as discussed in section 5.2.
The Australian Government’s immigration policy (especially as it relates
to refugees and asylum seekers), as discussed in section 10.1.
All Australian governments’ compliance with, and implementation of,
the recommendations of the Royal Commission into Institutional
Responses to Child Sexual Abuse, as discussed in section 11.2.
The Australian Government’s review of counter-terrorism laws to
ensure any limitation on human rights is clearly expressed, necessary
for the pursuit of a legitimate purpose, reasonable and proportionate, as
discussed in section 14.
The Committee should request an update from the Australian Government on
its progress in relation to these five priority areas in 12 months time under rule
72 of the Rules of procedure.1
General information
Scrutiny of human rights and the Parliamentary Joint
Committee on Human Rights (ICCPR article 2; LOI 2 & 4)
10.
The Commission commends the Government for establishing the
Parliamentary Joint Committee on Human Rights (PJCHR).
11.
The PJCHR analyses bills and legislative instruments introduced into the
federal Parliament for compliance with human rights. Some other
parliamentary committees also scrutinise legislation taking into account
compliance with human rights.2 Since August 2012, the PJCHR has produced
over 65 reports to Parliament assessing over 960 bills.3
12.
The Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) requires each bill,
regulation and ordinance introduced into Parliament to be accompanied by a
statement of compatibility with human rights, defined as the seven core
international human rights instruments to which Australia is a party.4
13.
The Commission is concerned that legislators do not always have an
opportunity to consider the PJCHR’s views during the legislative process with
bills sometimes passed into law before the PJCHR has released its
conclusions.5
14.
The Commission is concerned that there is varying quality in the drafting of
statements of compatibility within and across Government departments. 6
Some statements of compatibility devote cursory attention to assessing a draft
law’s identified impingement on human rights and some simply assert (without
due explanation) that a draft law is compatible with human rights even where
an impingement on rights has been acknowledged.7
6