Chapter 3: The case for a federal Human Rights Act 3.1 Principles underpinning arguments for reform and the reform proposals The Commission’s case for reform are framed by the following principles, which also underpin its proposals for a Human Rights Act: A. Australian: We need a Human Rights Act that reflects our shared values and embeds rights into our own domestic system. B. Democratic: We need a Human Rights Act to strengthen existing democratic and rule of law principles. The model should be parliamentary, accountable, participatory and balanced. • Parliamentary – by preserving parliamentary sovereignty in a model based on dialogue. • Accountable – by enhancing the rule of law and providing a check on executive power. • Participatory – by improving the quality of public debate and enabling minority and vulnerable groups to have a voice in decisions that affect them. • Balanced – by setting out a framework for navigating the intersection of varied public interests and rights. C. Preventative: We need proactive measures to prevent human rights abuses, including through a Human Rights Act that embeds procedural measures that enable early consideration of human rights, and through the fostering of a culture of respect for human rights throughout the whole of government. D. Protective: We need safeguards against human rights abuses, through a Human Rights Act with pathways for individuals to access justice and redress through courts. E. Effective: We need a Human Rights Act that facilitates better decision making based on human rights standards, and equality of access to effective interventions to protect human rights.1 3.2 Australian (a) A values statement Australia has a strong tradition of common law rights, a history of engagement with international human rights mechanisms, and a rich cultural tradition that values fairness and freedom. Australians are rightly proud of these values, and they should find strong reflection in our legal system. The adoption of a Human Rights Act would be an opportunity for us to articulate and embrace our values through an Australian instrument. This will recognise the rights and freedoms that Australians already support, providing clarity and certainty. It will mean that Australians will have a shared understanding of what constitutes our rights and clear grounds for holding government accountable. Politicians will have a strong public mandate to act in accordance with rights, and in line with shared values. FREE AND EQUAL A Human Rights Act for Australia 2022 67