Australian Human Rights Commission
Submission to UN Committee Against Torture, 17 October 2014
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Adopt justice reinvestment approaches and justice targets, such as a target to
halve the gap in rates of incarceration for Aboriginal and Torres Strait Islander
peoples.
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Develop and implement a Disability Justice Strategy to ensure people with
disabilities have access to justice in the criminal justice system.
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Review mandatory sentencing laws in view of the disproportionate impact on
Aboriginal and Torres Strait Islander peoples and children.
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Raise the minimum age of criminal responsibility to an internationally
acceptable level.
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Counter-terrorism and National Security
Positive developments: The position of the INSLM was created in 2010. The
INSLM's role is to review the operation, effectiveness and implications of Australia’s
counter-terrorism and national security legislation on an ongoing basis.
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This includes considering whether the laws contain appropriate safeguards for
protecting the rights of individuals, remain proportionate to any threat of
terrorism or threat to national security or both, and remain necessary.
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It includes an annual assessment of whether counter-terrorism laws have
been used for matters unrelated to terrorism and national security.
Recommended actions: That the Government swiftly appoint a new INSLM and
ensure that he or she has sufficient resources to monitor recent proposed changes to
national security legislation.
That the Government does not proceed with the Foreign Fighters Bill unless and until
significant concerns about the Bill are addressed, including:
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Appropriate safeguards are provided for the use of control orders; stop, search
and seizure powers; and ASIO’s special warrant powers
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Preventative detention orders are discontinued
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Appropriate monitoring and review mechanisms are put in place for the
matters covered by the Bill.
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Violence against women
Positive developments: The Government has taken significant steps to improve
responses to violence, such as through amendments to family law legislation to
respond more effectively to domestic and family violence and child abuse; and
through the introduction of the National Plan to Reduce Violence against Women and
their Children 2010-22.
The Australian Defence Force has implemented measures to reduce the incidence of
violence against women and sexual harassment in the armed forces. In particular,
the Sexual Misconduct Prevention and Response Office (SeMPRO) was established
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