Recommendation
Rights Act and the remaining obligations
under international treaties not expressly
included in the Human Rights Act.
5
Parliamentary scrutiny and the role of
the Parliamentary Joint Committee on
Human Rights (PJCHR)
The Commission recommends:
A. Amendments be made to House and
Senate Standing Orders requiring that bills
may not be passed until a final report of the
PJCHR has been tabled in Parliament, with
limited exceptions for urgent matters. In the
event that a Bill proceeds to enactment by
exception, provision should be included
for a later review of the legislation if the
Bill relevantly engaged human rights.
B. Amendment of section 7 of the Human
Rights (Parliamentary Scrutiny) Act 2011
(Cth), along the lines of the power of the
UK Human Rights Committee, to allow it
to ‘make special reports on any human
rights issues which it may think fit to bring
to the notice of Parliament’ (but excluding
consideration of individual cases). The
Commission recommends that the
resourcing of the PJCHR be increased to
enable it to perform the wider inquiry role.
C. Amendment of section 9 of the Human
Rights (Parliamentary Scrutiny) Act
2011 (Cth) to require Statements of
Compatibility for all legislative instruments.
D. That the range of matters to be
addressed in a Statement of Compatibility
should include consideration of
consultations undertaken.
E. That Statements of Compatibility include
consideration of compliance with the
United Nations Declaration on the Rights
of Indigenous Peoples.
F. That with the introduction of a
Human Rights Act, the Human Rights
(Parliamentary Scrutiny) Act 2011 (Cth) is
amended, or an accompanying legislative
instrument drafted, to provide greater
clarity on expectations in Statements of
Compatibility, both in regard to rights
and freedoms set out in the Human
100
G. A public sector human rights education
program be introduced, to provide training
and resources to public servants to
understand and scrutinise human rights.
H. Consideration be given to having designated
human rights advisers in Departments.
Recommendation
6
Parliament’s role in reviewing
Australia’s implementation of our
international human rights obligations
The Commission recommends:
A. The Attorney‑General reinstate
the practice of tabling Concluding
Observations of human rights treaty
committees in both houses of Parliament.
B. The Australian Government should
maintain a publicly available and
up‑to‑date database about the Concluding
Observations made by each UN human
rights treaty committee and their status.
C. The Government reform the Standing
National Mechanism for Treaty Body
Reporting to include public reporting on
treaty bodies and individual communications.
D. The Attorney‑General table information
about individual communications in
Parliament on an annual basis, along
with the Australian Government’s
response to these.
E. The Parliamentary Joint Committee
on Human Rights be empowered to
review the adequacy of the Australian
Government’s response to individual
communications and/or Concluding
Observations from time to time.
F. The Joint Standing Committee on
Treaties conduct a review of all existing
reservations and interpretive declarations
under UN human rights treaties.
FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights