Chapter 1: Endnotes 1 Australian Human Rights Commission, Free and Equal: Issues Paper (April 2019) <https:// humanrights.gov.au/sites/default/files/document/ publication/ahrc_free_equal_issues_paper_2019_ final.pdf>. 2 Australian Human Rights Commission, Discussion Paper: Priorities for federal discrimination law reform (August 2019) <https://humanrights. gov.au/our-work/rights-and-freedoms/ publications/discussion-paper-priorities-federaldiscrimination-law>; Australian Human Rights Commission, Discussion paper: A model for positive human rights reform (August 2019) <https://humanrights.gov.au/our-work/rightsand-freedoms/publications/discussion-paper- 10 More than half of Australians believe we already have a national Human Rights Act: ‘Australia’s Human Rights Barometer: Overwhelming support for a Human Rights Act’ Amnesty International (Web Page, 16 August 2021) <https://www. amnesty.org.au/australias-human-rightsbarometer-overwhelming-support-for-a-humanrights-act/>. 11 See, eg, discussion in Sarah Joseph, ‘COVID-19, risk and rights: the ‘wicked’ balancing act for governments’ The Conversation (Online) 16 September 2020 <https://theconversation.com/ covid-19-risk-and-rights-the-wicked-balancingact-for-governments-146014>. 12 International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976) art 12, 4(2) (ICCPR); International Covenant on Economic, Social and Cultural Rights, opened for signature 16 December 1966, 993 UNTS 3 (entered into force 3 January 1976) art 4(2) (ICESCR); CESCR Committee, General Comment No 14: The right to the highest attainable model-positive-human-rights-reform-2019>; Australian Human Rights Commission, Discussion paper: Ensuring effective national accountability for human rights (August 2019) <https:// humanrights.gov.au/sites/default/files/19.10.14_ discussion_paper-ensuring_effective_national_ accountability_final.pdf>. 3 4 ‘Free and Equal Conference’, Australian Human Rights Commission (Web Page, 2019) <https://humanrights.gov.au/free-and-equalconference#:~:text=The%20Free%20and%20 Equal%20conference,rights%20into%20the%20 21st%20Century>. Roundtables: with the United Nations High Commissioner for Human Rights, Dr Michelle Bachelet and Professor Manfred Nowak; Ensuring Effective National Accountability for Human Rights Workshop convened in partnership with the Human Rights Institute at UNSW (August 2019); Technical workshop on improving parliamentary scrutiny of human rights, convened in partnership with the Castan Centre for Human Rights at Monash University and the University of Adelaide (May 2021); roundtables on the positive framing of human rights and the key elements of a federal Human Rights Act (April–June 2021). 5 Co-regulation refers to the situation where industry develops and administers its own arrangements, but government provides legislative backing to enable the arrangements to be enforced. See discussion in Australian Human Rights Commission, Free & Equal: A reform agenda for federal discrimination laws (December 2021) 99. 6 Frank Brennan et al, National Human Rights Consultation Committee Report (AttorneyGeneral’s Department, September 2009). 7 Human Rights Act 2004 (ACT); Charter of Human Rights and Responsibilities Act 2006 (Vic); Human Rights Act 2019 (Qld). 8 See, eg, ‘Australian values’ Home Affairs (Web Page) <https://www.homeaffairs.gov.au/aboutus/our-portfolios/social-cohesion/australianvalues>. 9 George Williams and Daniel Reynolds, A Charter of Rights for Australia (UNSW Press, 4th ed, 2017) 7. 42 standard of health, UN Doc E/C.12/2000/4, August 2000 [16]. 13 European Parliament, EU Covid-19 Certificate: A Tool to Help Restore the Free Movement of People across the European Union (Briefing Paper, May 2021) 2, 3. 14 Australia has implemented a number of restrictions in response to the COVID-19 pandemic including significant restrictions on freedom of assembly and freedom of movement, often accompanied by increased police enforcement powers. Many measures and restrictions have been introduced through delegated legislation which has not been subject to oversight of Parliament. At the federal level, this has included changes to visa arrangements and restricting travel overseas. See, eg, Migration (LIN 20/122: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 (Cth) and Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 (Cth). At a State and Territory level, delegated legislation has been used to implement measures including selfisolation orders, restrictions of visitors to aged care facilities and restrictions on the size and place of gatherings. See, eg, Public Health (COVID-19 Gatherings) Order (No 3) 2020 (NSW) and COVID-19 Emergency Response (Schedule 1) Regulations 2020 (SA). Other legislated restrictions have often been passed quickly with minimal parliamentary scrutiny and have included increased powers for police. 15 Senate Select Committee on COVID-19, Final Report (April 2022) [5.15]. See also, Paul Karp, ‘Human rights commission says national cabinet should not be covered by secrecy laws’ The Guardian (Online) 17 September 2021 <https://