Australian Human Rights Commission Report title October 2022 11. While the deferral was primarily due to concerns about the appointment process for Commissioners,9 the Subcommittee also raised concerns that the AHRC Act does not include explicit reference to the CAT or the International Covenant on Social, Economic and Cultural Rights.10 It similarly noted that the Commission has faced funding challenges, and emphasised that ‘to function effectively, an NHRI must be provided with an appropriate level of funding in order to guarantee its ability to freely determine its priorities and activities’.11 12. The Commission has itself recommended that the AHRC Act be amended to ensure full compliance with the Paris Principles, including to incorporate a definition of human rights in the AHRC Act that references all of Australia’s international human rights obligations, and to: • Specify that all Commissioner appointments can only be made following a clear, transparent, merit-based and participatory selection and appointment process. The Commission welcomes the introduction of a Bill drafted to this effect, which is currently under consideration by Parliament.12 • Include a reference to the Paris Principles in the objects clause of the legislation acknowledging that the Commission is intended to be a Paris Principles compliant National Human Rights Institution. • Specify that all Commission functions may be exercised independently of government authorisation. 13. The Commission has also recommended that the Australian Government periodically conduct a re-baselining review of the Commission to ensure that it has adequate resourcing to conduct its statutory functions.13 Recommendation 1: The Australian Government amend the AHRC Act to ensure that the Commission is guided by a comprehensive definition of human rights, including through CAT being a scheduled instrument. Recommendation 2: The Australian Government take steps to ensure that the Commission is fully compliant with the Paris Principles, including through amending the AHRC Act, and ensuring adequate resourcing of the Commission’s functions. 5