Recommendation resourcing of the PJCHR be increased to enable it to perform the wider inquiry role. 4 Reform of federal discrimination laws The Commission recommends that the Australian Government modernise federal discrimination laws to ensure their effectiveness and shift the focus from a reactive model that responds to discriminatory treatment to a proactive model that seeks to prevent discriminatory treatment in the first place. 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 Rights Act and the remaining obligations under international treaties not expressly included in the Human Rights Act. Consideration should be given to undertaking these reforms in 2 stages: Stage 1: addressing immediate priorities and fixing longstanding problems in the operation of federal discrimination law (year 1) Stage 2: introducing a new co-regulatory model that broadens and expands on the positive duty under the Sex Discrimination Act (years 2–3). Recommendation 5 G. A public sector human rights education program be introduced, to provide training and resources to public servants to enable them to understand and analyse human rights. Parliamentary scrutiny and the role of the Parliamentary Joint Committee on Human Rights (PJCHR) The Commission recommends that: 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 12 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 that: 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. FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights

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