Modern Australian
The Times

Report finds ‘clear need’ for an Australian Human Rights Act. What difference would it make?

  • Written by Bruce Chen, Senior Lecturer, Deakin Law School, Deakin University
Report finds ‘clear need’ for an Australian Human Rights Act. What difference would it make?

This week, the Parliamentary Joint Committee on Human Rights reported on its Inquiry into Australia’s Human Rights Framework. By majority, it recommended the federal government introduce an Australian Human Rights Act.

This represents a generational milestone to greatly improve human rights protections for Australia. It remains to be seen whether the federal government will accept this main recommendation, but is a significant development.

Where did it come from?

The inquiry was prompted by an earlier Free and Equal Inquiry undertaken by the Australian Human Rights Commission. The first inquiry’s purpose was to conduct “a national conversation on human rights” and find out “what makes an effective system of human rights protection for 21st century Australia, and what steps Australia needs to take to get there”. This put the question of whether we should have an Australian Human Rights Act back on the political agenda.

After several years of engagement with the public and stakeholders, the commission concluded that introducing such an act was “strongly supported”. It recommended a new national human rights framework with an Australian Human Rights Act as its “centrepiece”.

Why an Australian Human Rights Act?

Human rights acts already exist in three states and territories – the Australian Capital Territory, Victoria and Queensland. There are many examples demonstrating how these acts protect human rights:

  • people with mental health illnesses are not forced to undergo electroconvulsive treatment, when they have the capacity to refuse

  • strip searches of prisoners are to be carried out in a manner that respects dignity

  • human rights need to be properly considered when mandating COVID-19 vaccinations for the police force

  • requests for independent investigations of alleged racist assaults by the police have to be properly considered.

It is time to build on these successes at the federal level.

The commission’s report described the current federal protection of human rights as “piecemeal” and “patchy”. Over the past decade, the government and parliament have been required to consider human rights in the process of making laws.

However, this has not proven enough. The commission proposed an Australian Human Rights Act to fill the gaps. It would mean human rights considerations will also influence the government when it makes decisions and develops policies.

Every Australian deserves to have their human rights respected and protected, including at the federal level. This applies to aged care residents, social security recipients (such as those affected by the Robodebt scandal), people with a disability, and Aboriginal and Torres Strait Islander peoples. Access to human rights protection should not depend on where a person lives or which level of government carries the responsibility.

What did the parliamentary inquiry report say?

The report observed a “clear need” for a comprehensive and enforceable rights-based framework – to ensure a “fair go” for all. It agreed existing protections were “piecemeal”.

Submissions received overwhelmingly favoured (87%) an Australian Human Rights Act. The committee was reassured by the ACT, Victoria and Queensland experiences. It said these showed human rights legislation “could help embed a rights-respecting culture” and “has not led to overwhelming litigation”.

The report made 17 recommendations, including the enactment of an Australian Human Rights Act that broadly reflects the commission’s model. The act would protect rights based on those under international treaties to which Australia has agreed to be bound. This includes the right to freedom of religion and a prohibition against advocacy of national, racial or religious hatred.

The act would include basic aspects of economic, social and cultural rights, such as the rights to education, health and social security. The framing of cultural rights, and a right to a healthy environment, would be informed by consulting with Aboriginal and Torres Strait Islander peoples.

The act would impose a positive duty on public authorities to comply with and properly consider human rights in their decision-making and actions. They could still impose limits on human rights where parliament permits or where the limits are reasonable and justifiable.

The positive duty would be directly enforceable by a federal court, where conciliation is not appropriate. Courts would also need to interpret statutes so as not to breach human rights, so far as is reasonably possible.

The report recommended strengthening scrutiny by government and parliament of policy and legislation for compatibility with human rights. It also recommended extensive human rights education in schools and the broader community, in part to drive the cultural changes needed to fully realise rights.

By contrast, a minority of the committee recommended an Australian Human Rights Act not be introduced.

Where to next?

The recommendations are now with the federal government to consider and seek further advice. The report helpfully provides an example of what a human rights bill might look like, to promote understanding and discussion.

It is up to government to decide whether to accept the recommendations and, if so, for parliament to vote.

Securing an Australian Human Rights Act would demonstrate that Australia is a modern democratic nation that values fairness, transparency and accountability.

Authors: Bruce Chen, Senior Lecturer, Deakin Law School, Deakin University

Read more https://theconversation.com/report-finds-clear-need-for-an-australian-human-rights-act-what-difference-would-it-make-231376

Why Slurry Hose is Essential For High-Performance Material Transfer

Handling abrasive and dense materials efficiently requires specialised equipment, which is why a slurry hose is a critical component in industries ...

Why Coworking Spaces In Melbourne Are Transforming The Way Professionals Work

The modern workforce is evolving rapidly, with flexibility, collaboration, and efficiency becoming central to how people work, which is why a coworkin...

The Everyday Wear and Tear Most Warehouse Storage Systems Experience

The modern warehouse is a dynamic, high velocity environment where industrial storage structures are subjected to immense, continuous physical stres...

Why Pendant Lights Continue To Be A Popular Choice In Modern Interiors

Lighting has become an essential design element in modern homes, influencing both the appearance and functionality of interior spaces. Many homeowne...

How Whiteboard Supports Structured Communication In Work And Learning Environments

Clear communication and structured planning are essential in both professional and educational settings, which is why a whiteboard remains a practi...

How A Cardboard Box Manufacturer Supports Modern Packaging Needs

Packaging has become an essential part of modern business operations across retail, manufacturing, logistics, and e-commerce industries. Many busine...

How Pallet Racking Helps Businesses Improve Warehouse Operations

Efficient warehouse management depends on reliable storage systems that support organisation, safety, and productivity. Many businesses use pallet rac...

Why I/O Controller Is Essential For Efficient Industrial Automation Systems

Modern industrial systems rely heavily on automation and precise data exchange, which is why an I/O controller plays a critical role in ensuring sm...

Why Modern Traffic Management Systems Are Important For Safer Roads

Cities and industrial facilities increasingly rely on advanced Traffic Light System technology to improve road safety, traffic flow, and operationa...

How Structured eCommerce Web Design Influences Online Buying Behaviour

A strong online presence begins with effective eCommerce web design that prioritises both functionality and user experience. Businesses entering or...

What People Mean by “Alternative Doctor” And Why Expectations Around Care Are Changing

When people search for an “alternative doctor,” they’re usually looking for something specific, even if they haven’t fully defined it yet. I...

Why Does My Power Keep Tripping? Common Causes Explained by Electricians Sydney

The electrical system is the lifeblood of your home, powering everything from your phones to cooking utensils and more. But from time to time, your po...

Interstate Car Transporter Urges Buyers to Book Early

As the conflict in the Middle East continues to put increasing pressure on local fuel supply, Australian transport companies are experiencing increasi...

Digital Minimalism for Business Owners: Fewer Tools, Better Systems

Be honest. How many apps are open right now? One for scheduling, another for invoices, a third for customer notes, plus a spreadsheet someone email...

The Importance Of Proactive NDIS Renewal Preparation For Sustaining Your Provider Business

Your NDIS renewal notice is not a signal to start preparing. By the time it arrives, preparation should already be well underway. For new providers, s...

Why Fire Extinguisher Testing in Sydney Is Becoming a Records Game, Not Only a Maintenance Job

A fire extinguisher used to feel like one of the simpler parts of building safety. It hung on the wall, wore a service tag, and sat there quietly unle...

The Switchboard Upgrade Question Every Melbourne Renovator Should Ask Before the Walls Close Up

Renovations have a funny way of making people think on surfaces first. Splashback, stone, joinery, tapware, paint. Fair enough too. That is the exciti...

Winter Sanitation Gaps in Parramatta Kitchens: A Hidden Pest Risk

Winter brings a host of changes to our homes, from the chill in the air to the cozy warmth indoors. However, this season also introduces sanitation ch...