2.3
Role of the Parliamentary Joint Committee on Human
Rights
14. The Parliamentary Joint Committee on Human Rights (PJCHR) analyses bills
and legislative instruments before the federal Parliament for compliance
with human rights.14 The definition of human rights is the seven
international instruments to which Australia is a party, including the CAT.15
15. The PJCHR considers legislative instruments and raises concerns when they
believe that proposed legislation places an unjustifiable limitation on human
rights. However, legislators are under no obligation to amend bills to reflect
these concerns. The Commission notes that the findings of the PJCHR are
often not taken into account by legislators when they are deliberating on
proposed legislation.16 As a comparison, the views of the Parliamentary Joint
Committee on Intelligence and Security are more regularly considered in
relation to legislation on national security issues.17
16. The Commission is also concerned about the variable quality of ‘Statements
of Compatibility with Human Rights’ that accompany bills introduced to
Parliament. While sometimes they are thorough, other times they do not
adequately identify how breaches of human rights in the legislation could be
considered legitimate or proportionate.18 The Commission notes that the
quality of Statements of Compatibility and associated legislation could be
improved by ensuring there is regular education and training support for
public servants on human rights.19
Recommendation 3: Government train public servants to ensure that
Statements of Compatibility are of a consistently high standard; and
ensure the proper consideration of PJCHR views by Parliamentarians in the
enactment of legislation.
3
Implementation of OPCAT
3.1
OPCAT progress to date
17. Australia signed OPCAT in 2009 and ratified it in 2017, although the
obligation to establish National Preventive Mechanisms (NPMs) was
postponed for three years by way of a declaration under Article 24. The
Committee subsequently accepted Australia’s further request for an
extension of this obligation, with the new date for full compliance being 20
January 2023.20
18. The Australian Government has elected to adopt a multiple-body
monitoring system with the Commonwealth, States and Territories asked to
6