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National Human Rights Consultation Report Released

Human rights in Australia are set for a potentially radical overhaul after the release of the National Human Rights Consultation Committee's report today.  Father Frank Brennan, Chairperson of the Committee, handed the report to Commonwealth Attorney-General Robert McClelland this morning at an event in Melbourne. 

In its most far reaching recommendation, the report called for the enactment of a comprehensive Human Rights Act.  Father Brennan, in his speech, highlighted the overwhelming public support for human rights legislation (87.4% of the submissions were in favour of a Human Rights Act), stating that "on the weight of all the views expressed, the Committee, persuaded of the need for such an Act, has recommended one".  In response, the Attorney General welcomed the report but reserved the government's response until a later date.

Castan Centre Acting Director Melissa Castan said "The Castan Centre warmly embraces this report, which represents a watershed moment for the protection of human rights in Australia.  The national consultation was the most extensive of its kind ever held in this country and the development of a Human Rights Act clearly represents the wishes of the Australian people.  We urge the government to adopt the recommendations promptly."

Highlights from the Committee's report include the following recommendations:

  • A Federal Human Rights Act with the following features:
    • Individuals would have an independent cause of action against a Federal public authority for a breach of human rights. This means that people could sue government bodies for breaching their human rights and would be entitled to a number of remedies, including damages, if successful (this would not be available for breaches of economic social and cultural rights).
    • Certain economic, social and cultural rights should ideally be included, specifically the rights to health, an adequate standard of living, and education (the report does not rule out the inclusion of other economic, social and cultural rights).
    • Bills introduced by parliament would be accompanied by a statement outlining the government's opinion on whether the bill complies with human rights.
    • The courts would be empowered to interpret legislation so that it is compatible with human rights (and with parliament's purpose of enacting the legislation). This would not apply to any economic, social and cultural rights included in the Act.
    • The High Court would have the power to make a declaration that a law breaches human rights.
    • It would extend to people who are overseas but subject to Australian jurisdiction.
    • Public authorities would be required to act in accordance with human rights, other than relevant economic social and cultural rights, and would take all rights (including economic, social and cultural rights) into consideration when making decisions.
  • A comprehensive national human rights education plan for schools, universities, the public sector and the wider community. This is consistent with the work of Castan Centre Deputy Director Dr Paula Gerber, who has written extensively about the lack of human rights education in our schools.
  • An audit of all Federal legislation to ascertain compliance with Australia's international human rights obligations.
  • Greater powers for the Australia Human Rights Commission, including the power to conduct inquiries into government authorities, and to hear complaints regarding breaches of human rights.
  • A "statement of impact" on Aboriginal and Torres Straight Islander peoples accompany the enactment of any legislation relating to Indigenous peoples.
  • The amendment of the ‘Administrative Decisions Judicial Review Act' so that Australia's International human rights obligations are a relevant consideration for government bodies and officials.
  • A number of initiatives aimed at reforming government including a parliamentary committee on human rights, a designated minister responsible for human rights, human rights action plans for Federal departments and agencies, and better integration of human rights into government policy and practice.

The full report is available at http://www.humanrightsconsultation.gov.au/www/nhrcc/nhrcc.nsf/Page/Report_NationalHumanRightsConsultationReportDownloads

The Castan Centre's submission to the committee can be found here.