the quality of government decision making in
those jurisdictions. The model also learns from
similar models overseas, particularly in the
United Kingdom and New Zealand.
The Commission’s Position Paper provides a
clear framework for a Bill that could be drafted.
Past debates about Human Rights Acts
have tended to become mired in theoretical
perspectives on the concept of a Charter of
Rights. The issues raised in those debates often
bear little resemblance to what is proposed
in model Human Rights Acts: community
understanding, policy development, legislative
drafting and decision-making by, and
accountability of, public authorities.
Grounding the next stage of consideration of
a Human Rights Act in an Exposure Draft Bill
will significantly lift the quality of debate and
engagement – including within the forum of
Parliament – and ensure that a Human Rights
Act is tailored to the federal legal system in
which it would operate.
3.3 Support for a national
Human Rights Act
As noted in chapter 1, the PJCHR commenced
an inquiry into Australia’s Human Rights
Framework in March 2023. The inquiry
is considering whether Australia should
implement a new National Human Rights
Framework. This includes considering whether
Australia should enact a federal Human
Rights Act. The PJCHR has focused on the
Commission’s model Human Rights Act as a
pathway for achieving this.
The Commission has closely followed the
progress of the PJCHR inquiry. We have listened
with interest to the witnesses who appeared
at the 6 days of public hearings conducted by
the Committee and have reviewed the 300 plus
submissions made to the Committee.2
This has revealed a high degree of consensus
on the way forward for Australia. Of the
submissions lodged with the Committee:
• 116 referred to the Commission’s model
Human Rights Act and indicated support for it
• 178 indicated their support for a Human
Rights Act more generally, without
referencing the Commission’s model
• 5 expressed their opposition to a Human
Rights Act
• 19 offered no position on a Human Rights Act.
In total, 92% of the 318 published submissions
supported a Human Rights Act for Australia.
That is a striking, indeed exceptional, degree
of support. The Human Rights Law Centre, for
example, said that:
9
48
A federal Human Rights Charter or Act
(federal Charter) is essential to the practical
realisation of human rights – to ensuring that
human rights ideals and commitments guide
government decision-making and empower
people. A federal Charter will set out the
human rights which the Australian government
must consider in law-making, respect in public
service delivery and actions, and to which the
federal government can be held to account.3
FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights