APPENDIX ENDNOTES ‘Principles Relating to the Status and Functions of National Institutions for the Promotion and Protection of Human Rights’ in General Assembly Resolution 48/134, 1993. 2 Human Rights Council, Report of the Working Group on the Universal Periodic Review: Australia, 47th sess, UN Doc A/HRC/47/8 (24 March 2021), Recommendations 146.23 – 146.30 3 United Nations Committee on Economic, Social and Cultural Rights, Concluding observations on fifth periodic report on Australia, 61st sess, UN Doc E/C.12/Aus/CO/5 (11 July 2017), [6]. 4 Australian Human Rights Commission, Free & Equal: a reform agenda for federal discrimination laws (Position Paper, December 2021) <https://humanrights.gov.au/our-work/rights-and-freedoms/publications/free-and-equal-reform-agenda-federaldiscrimination-laws>. The Commission has identified reforms for discrimination laws focused on building a preventative culture; modernising the regulatory framework; enhancing access to justice; and improving the practical operation of these laws. 5 The Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) establishes the Parliamentary Joint Committee on Human Rights and requires the preparation of Statements of Compatibility with Human Rights with all bills and most legislative instruments introduced to Parliament for consideration. The Act defines human rights as the rights and freedoms recognised or declared by the International Convention on the Elimination of all Forms of Racial Discrimination; International Covenant on Civil and Political Rights; Convention on the Elimination of All Forms of Discrimination Against Women; Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities. See further: Parliament of Australia, Parliamentary Joint Committee on Human Rights, <http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights>. 6 There are two exceptions to this: the Aboriginal and Torres Strait Islander Social Justice Commissioner is required to have regard to ICESCR when exercising their functions set out in section 46C of the Australian Human Rights Commission Act 1986 (Cth); the Children’s Commissioner is specifically required to have regard to the ICESCR and the Convention on the Rights of the Child, other human rights treaties and declarations, and other human rights instruments the Commissioner considers relevant, when exercising their functions as set out in s 46MB of the Australian Human Rights Commission Act 1986 (Cth). 7 Australian Human Rights Commission, Children’s Rights Report 2019—In Their Own Right: Children’s Rights in Australia (2019) 49. At https://humanrights.gov.au/our-work/childrens-rights/publications/childrens-rights-report-2019. 8 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, for example, 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 measure including self-isolation orders, restrictions of visitors to aged care facilities and restrictions on the size and place of gatherings. See, for example, 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. 9 See, e.g., Elias Visontay, ‘More than 45,000 Australians stranded overseas registered for government help’ The Guardian (Online, 21 September 2021) <https://www.theguardian.com/business/2021/sep/21/more-than-45000-australians-stranded-overseasregistered-for-government-help>. 10 Daniel Hurst, ‘UN raises serious human rights concerns over Australia’s India travel ban’ The Guardian (Online, 5 May 2021) <https://www.theguardian.com/australia-news/2021/may/05/un-raises-serious-human-rights-concerns-over-australia-indiatravel-ban>. 11 See e.g., Victorian Ombudsman, Investigation into decision-making under the Victorian Border Crossing Permit Directions (December 2021) < https://www.ombudsman.vic.gov.au/our-impact/investigation-reports/investigation-into-decision-makingunder-the-victorian-border-crossing-permit-directions/>. 12 ‘Vaccination numbers and statistics’ Department of Health (Web Page) <https://www.health.gov.au/initiatives-and-programs/covid-19-vaccines/numbers-statistics>. 13 See Michael Buckland, Felix Zerbib, Connor Wherrett, Counting the cost of Australia’s delayed vaccine rollout (APO Report, April 2021) <https://apo.org.au/node/311761>. 14 ‘Australia: Protect At-Risk Communities from Covid-19’ Human Rights Watch (Web Page, August 2021) <https://www.hrw.org/news/2021/08/19/australia-protect-risk-communities-covid-19#>; ‘PM urged to address low Indigenous vaccination rates’ Australian National University (29 October 2021) < https://www.anu.edu.au/news/all-news/pm-urged-toaddress-low-indigenous-vaccination-rates>. 1 11