Australian Human Rights Commission
Submission to the UN Human Rights Committee, 18 September 2017
153
Andrew Markus, Australians Today: The Australia@2015 Scanlon Foundation Survey (2016)
Scanlon Foundation, Australian Multicultural Foundation and Monash University, 78. At
http://scanlonfoundation.org.au/wp-content/uploads/2016/08/Australians-Today.pdf (viewed 11
September 2017).
154 Fethi Mansouri, The impact of racism upon the health and wellbeing of young Australians (2009)
Foundation for Young Australians and the Institute for Citizenship and Globalisation (Deakin
University) 4. At
https://www.fya.org.au/app/theme/default/design/assets/publications/Impact_of_Racism_FYA_report.p
df (viewed 11 September 2017).
155 See, for example, Arnold Bloch Leibler, ‘Racial discrimination action settles’ (Media Release, 18
February 2013). At http://www.smartjustice.org.au/cb_pages/files/Media%20Release%20%20FKCLC%20%26%20ABL%20Feb%202013.pdf (viewed 11 September 2017); Sarah Farnsworth,
‘Young South Sudanese “constantly stopped” by police, as community grapples with Apex stigma’,
ABC News (4 December 2016). At http://www.abc.net.au/news/2016-12-04/young-south-sudaneseconstantly-stopped-by-police/8078642 (viewed 11 September 2017).
156 Australian Human Rights Commission, Submission No 13 to Parliamentary Joint Committee on
Human Rights, Inquiry into freedom of speech, 9 December 2016. At
http://www.aph.gov.au/DocumentStore.ashx?id=d42f430a-869c-4706-9414bf0cba934162&subId=461226 (viewed 11 September 2017).
157 Australian Human Rights Commission, ‘National Anti-Racism Strategy and Racism. It Stops with
Me Campaign’ (2015). At https://www.humanrights.gov.au/our-work/racediscrimination/projects/national-anti-racism-strategy-and-racism-it-stops-me-campaign (viewed 11
September 2017).
158 The Independent National Security Legislation Monitor’s annual reports are available at
Department of the Prime Minister and Cabinet, Independent National Security Legislation Monitor. At
http://www.inslm.gov.au/reviews-reports (viewed 11 September 2017).
159 Independent National Security Legislation Monitor Act 2010 (Cth) s 8(a)(i).
160 The INSLM concluded that ‘control orders in their present form are not effective, not appropriate
and not necessary’. The 2013 COAG Review of Counter-Terrorism Legislation concluded that the
control order regime should be retained but with additional safeguards and protections included. The
INSLM then recommended that a number of the COAG recommendations be implemented. Despite
this, and the fact that the recommended reviews of the control order regime (including the present
review) are ongoing, that regime has been extended. Independent National Security Legislation
Monitor, Declassified Annual Report (2012), 40. At https://www.inslm.gov.au/reviews-reports/annualreports (viewed 28 April 2017). Council of Australian Governments Review of Counter-Terrorism
Legislation (2013), 54 [215]. At https://www.ag.gov.au/Consultations/Pages/COAGReviewofCounterTerrorismLegislation.aspx (viewed 11 September 2017).
161 The INSLM recommended that the preventative detention regime be repealed because there is “no
demonstrated necessity for these extraordinary powers”. In 2013, the Council of Australian
Governments (COAG) Review of Counter-Terrorism Legislation also recommended that the PDO
regime be repealed, finding that the provisions were unlikely to be used, and that the purposes of the
PDO regime could be achieved ‘by traditional methods of arrest, interrogation and charge.’ Despite
these recommendations, in 2016, the threshold for applying for a PDO was reduced. See Independent
National Security Legislation Monitor, Declassified Annual Report (2012), Chapter III,
Recommendation III/4. At https://www.inslm.gov.au/reviews-reports/annual-reports (viewed 11
September 2017); Council of Australian Governments Review of Counter-Terrorism Legislation (2013)
67, 69-71 [269]-[276]. At https://www.ag.gov.au/Consultations/Pages/COAGReviewofCounterTerrorismLegislation.aspx (viewed 11 September 2017).
162 Independent National Security Legislation Monitor Act 2010 (Cth), s 6(1B); Intelligence Services
Act 2001 (Cth,) s 29(1)(bb). See also, Parliamentary Joint Committee on Intelligence and Security,
Parliament of Australia, Review of police stop, search and seizure powers, the control order regime
and the preventative detention order regime. At
http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/AFPpowe
rsreview (viewed 11 September 2017).
163 Australian Human Rights Commission, ‘Submission to the UN Committee Against Torture under
the Convention Against Torture, 17 October 2014, [93]. At
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=INT%2fCAT%2fNG
O%2fAUS%2f18690&Lang=en (viewed 11 September 2017). Australian Human Rights Commission,
‘Submission to the UN Committee Against Torture under the Convention Against Torture, 27 June
2016, [62]-[66]. At https://www.humanrights.gov.au/sites/default/files/AHRC_CAT_LOIPR_2016.pdf
(viewed 11 September 2017); and Australian Human Rights Commission, ‘Submission to the
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