Human Rights check for new laws

4 January 2012

Human rights will be bought into sharper focus in the Parliament this year with all new laws to be checked to see if they stack up against human rights obligations.

"Our focus is on ensuring that key principles of freedom, respect, equality, dignity and a fair go for all Australians are considered in everything the Commonwealth Parliament does," Attorney-General Nicola Roxon said.

"Ensuring that new laws have considered the protection and promotion of human rights is long overdue.

"Australia has a proud human rights record that will be further strengthened by enshrining the consideration of human rights in the development of our nation's laws.

"This important step is part of Australia's Human Rights Framework and will give the community confidence that their human rights are being recognised and respected in everything the Parliament does."

Australia's Human Rights Framework was developed following the Government's National Human Rights Consultation and is a comprehensive package of measures to strengthen understanding and respect for human rights including consolidating Commonwealth anti-discrimination legislation and releasing a new National Human Rights Action Plan.

The Human Rights (Parliamentary Scrutiny) Act 2011 comes into effect today and requires all new bills and disallowable legislative instruments to be accompanied by a 'Statement of compatibility with human rights'. Statements will assess compatibility against the seven main United Nations human rights treaties to which Australia is a party.

The Act also establishes a Parliamentary Joint Committee on Human Rights-the first Commonwealth Parliamentary Committee dedicated solely to human rights scrutiny - which will be established by a resolution of appointment in the Autumn 2012 Parliamentary sittings.

Factsheet

Review of the definition of 'human rights'

  • Human rights are defined as the rights and freedoms in the seven core United Nations treaties to which Australia is a party:
    • International Covenant on Civil and Political Rights
    • International Covenant on Economic, Social and Cultural Rights
    • International Convention on the Elimination of All Forms of Racial Discrimination
    • Convention on the Elimination of All Forms of Discrimination against Women
    • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
    • Convention on the Rights of the Child
    • Convention on the Rights of Persons with Disabilities
  • Assessing human rights against Australia's obligations in these treaties provides a clear and workable framework for government officials and the Parliamentary Joint Committee to engage with human rights.
  • These treaties are the human rights treaties with the widest acceptance in Australian and international communities.
  • The Government will refer the definition of 'human rights' to the Parliamentary Joint Committee for review 12 months after it tables its first report.
  • The review will enable the Committee to consider, in view of its experience with the new requirements, whether these treaties provide the most appropriate definition for the development of rights-compatible legislation and policy in Australia.
  • The Committee will also contribute to the broader review of Australia's Human Rights Framework scheduled to occur in 2013-14.
  • The Government will be further considering the definition of human rights as part of the review of Australia's Human Rights Framework in 2013-14.

Role of the Parliamentary Joint Committee on Human Rights

  • The Committee's primary role will be the scrutiny of legislation for compatibility with human rights.
  • The Government is keen to see the Committee develop this role and its human rights expertise during its early operation.
  • There is also potential for the proposed Committee to facilitate public dialogue about human rights through a range of mechanisms.
  • Like other Committees, the new Committee will be able to look to a range of sources to inform itself when examining legislation and carrying out inquiries. This includes, but is not limited to, Australian and international jurisprudence.
  • The Government will consider the effectiveness of the Committee's powers as part of the 2013-14 Review of Australia's Human Rights Framework.

Statements of Compatibility

  • Statements of compatibility will require those presenting new legislation and disallowable legislative instruments to demonstrate that they have considered the impact of the Bill on human rights and assessed the extent to which any human rights may be limited.
  • Those statements will inform the debate by alerting Parliament to the relevant human rights considerations when Parliament comes to consider bills and disallowable legislative instruments.
  • Statements may justify limitations on rights under the human rights treaties - in certain circumstances - if they are in the interests of other individuals or society more generally.
  • To that end, statements will evaluate how and why rights are being limited.
  • The Government considers that it is not necessary to prescribe the content of statements as the purpose of statements and their place in Parliamentary debate is clear.
  • Statements of compatibility will ordinarily form part of the explanatory memorandum for the Bill, but nevertheless shall be presented to Parliament at the same time as the explanatory memorandum for the Bill.

Review of Australia's Human Rights Framework in 2013-14

  • In addition to considering the definition of 'human rights', the Government also will consider the effectiveness of the Committee's powers and the content and function of statements of compatibility as part of its broader 2013-14 review of Australia's Human Rights Framework.
  • By this time, there will be a significant body of Committee work to assess as well as significant experience in the public sector and the Parliament with statements of compatibility.

Media contact: Attorney-General's Office - 02 6277 7300