Australian Human Rights Commission Information for LOI – Australia, 29 August 2016 2 Scrutiny of human rights and the role of the Parliamentary Joint Committee on Human Rights Concluding Observation para 11 8. The Parliamentary Joint Committee on Human Rights (PJCHR), analyses bills and legislative instruments before the federal Parliament for compliance with human rights. The definition of human rights is the seven international instruments to which Australia is a party, including the ICESCR. 9. Since its establishment, the PJCHR has produced 56 reports to Parliament assessing over 850 bills and the statement of compatibility with human rights accompanying each bill.7 Through these reports (and also through the provision of two Practice Notes),8 the PJCHR provides guidance to government departments on their expectations about the level of human rights analysis that statements of compatibility should contain. 10. As a matter of practice, ministers and government departments respond to concerns raised by the PJCHR regarding proposed legislation.9 The PJCHR raises concerns when it considers proposed legislation places an unjustifiable limitation on human rights. Legislators are under no obligation to amend bills to reflect these concerns. There have been cases where bills have passed into law before the PJCHR has reported on the relevant bill.10 11. The Commission notes that the findings of the PJCHR are often not expressly taken into account by legislators when they are deliberating on proposed legislation. 12. The processes of the PJCHR stand in isolation as compared with other jurisdictions that incorporate the obligations in the ICESCR into domestic law via a national human rights act or charter of rights. 13. Issue for consideration in the LOIPR: Incorporation of human rights into Australian law including procedures for considering the concerns raised by the PJCHR. 3 National Human Rights Institution Concluding Observation para 13; ICESCR Article 2(1) 14. The Commission has a statutory power to promote and protect human rights under the Australian Human Rights Commission Act 1986 (Cth) Act (AHRC Act). Human rights are defined as the international instruments scheduled to or declared under the AHRC Act. The Commission’s legislation does not include the ICESCR within the definition of ‘human rights’ (with the exception of the Social Justice Commissioner and Children Commissioner’s functions – as below). 15. The definition of human rights in the AHRC Act is not consistent with that of the PJCHR under the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth). This Act defines human rights as the seven instruments to which Australia is a party, including the ICESCR. 4