(c) Enhancing participation and trust The dialogue Human Rights Act model ensures that laws, policies and decisions affecting human rights are publicly justified and subject to scrutiny. For example, legislative proponents must outline the human rights implications of new Bills to Parliament; and public authorities must justify their decisions by reference to human rights criteria. This leads to the public becoming better informed about decisions made by government to limit human rights and of the justifications behind those decisions. Armed with this information, the public is better prepared to participate in democratic processes. The role of parliamentary scrutiny, and particularly that of the Parliamentary Joint Committee on Human Rights, established in 2011, in partial implementation of the recommendations of the NHRCC report, is a positive step. The ‘dialogue’ that is engendered is limited, however, while the reference point of scrutiny remains outside domestic laws. A Human Rights Act would encourage greater public participation, including via consultation with communities. As a principle, participation is central to good decision making and good governance. The OHCHR has observed that, 76 While the responsibility and accountability for taking decisions ultimately rests with public authorities, the participation of various sectors of society allows the authorities to deepen their understanding of specific issues; helps to identify gaps, as well as available policy and legislative options and their impact on specific individuals and groups; and balances conflicting interests. As a consequence, decision-making is more informed and sustainable, and public institutions are more effective, accountable and transparent. This in turn enhances the legitimacy of States’ decisions and their ownership by all members of society.63 As the OHCHR highlights, participation processes ensure that decision makers are fully informed about the implication of their proposals on affected groups and individuals, which aids government planning and improves the overall quality of resulting laws and policies. The Commission’s proposed Human Rights Act model emphasises participation as a key element, noting that many of the worst (and most financially costly) human rights failures in Australia arise out of a failure to consult with affected groups. This is illustrated by the following case study.

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