1.2 Recommendations The Commission’s model for a Human Rights Act seeks to ensure appropriate consideration of human rights upstream – namely, in a preventative manner and in advance – by also Upstream consideration of rights Statements of compatibility with human rights accompany all legislative proposals ensuring that there are protections and remedies for when human rights are not appropriately treated. The balance between upstream and preventative measures and remedial elements is summarised in the diagram below Parliament assesses human rights impact e.g. PJCHR. Human rights impact is always considered by Parliament when considering legislative proposals. Public servants are trained to identify human rights breaches and to ensure participatory design of policy in HR. AHRC reporting on implementation of HRA to promote best practice. • Human rights impacts are identified. • Where human rights are limited, justification for this is provided. Public servants have a duty to consider HR and to ensure effective participation and equal access to justice. A Human Rights Act protects rights and freedoms in law (sourced from Australian legal traditions and our international treaty obligations) DOWNstream consideration of rights • Interpreted consistently with Australia’s binding treaty obligations. • Subject to appropriate limitations. 32 Where a person’s human rights are breached they have a cause of action. May seek administrative review of a decision. May bring a complaint to the AHRC. In limited emergency situations, and where a complaint is unable to be resolved, a person may bring a court action to address the alleged breach of HR. When applying the interpretive clause, courts may indicate that legislation is not compatible with HR (must by referred by the AG to Parliament to be considered).