Footnotes

[1]          Absolute rights are: the right not to be subjected to torture, cruel, inhuman or degrading treatment; the right not to be subjected to slavery; the right not to be imprisoned for inability to fulfil a contract; the right not to be subject to retrospective criminal laws; the right to recognition as a person before the law.

Chapter 1 - New and continuing matters

[1]          See Parliament of Australia website, 'Journals of the Senate', http://www.aph.gov.au/Parliamentary_Business/Chamber_documents/Senate_chamber_documents/Journals_of_the_Senate.

[2]          For more information regarding the committee's previous comments see Parliamentary Joint Committee on Human Rights, Fifth Report of the 44th Parliament (25 March 2014) 63-65; Ninth Report of the 44th Parliament (15 July 2014) 21-28; and Twenty-second Report of the 44th Parliament (13 May 2015) 47-52.

[3]          For more information regarding the committee's previous comments see Parliamentary Joint Committee on Human Rights, Thirty-sixth Report of the 44th Parliament (16 March 2016), Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014, 149‑194.

[4]          For more information regarding the committee's previous comments see Parliamentary Joint Committee on Human Rights, 2016 Review of Stronger Futures measures (16 March 2016).

[5]          See Parliamentary Joint Committee on Human Rights, Thirty-fourth Report of the 44th Parliament (23 February 2016) 4.

[6]          See Parliamentary Joint Committee on Human Rights, Thirty-fourth Report of the 44th Parliament (23 February 2016) 3.

[7]          Related provisions relating to such rights for specific groups are also contained in the International Convention on the Elimination of All Forms of Racial Discrimination, articles 11 and 14(2)(e) of the Convention on the Elimination of All Forms of Discrimination against Women, article 32 of the Convention on the Rights of the Child and article 27 of the Convention on the Rights of Persons with Disabilities.

[8]          Road Safety Remuneration Tribunal (RSRT), Decision—Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (2015) RSRTFB 15 [6], available at: http://www.rsrt.gov.au/default/assets/File/decisions-files/2015rsrtfb15.pdf.

[9]          Explanatory memorandum (EM), statement of compatibility (SOC) v.

[10]          See Attorney-General's Department, Template 2: Statement of compatibility for a bill or legislative instrument that raises human rights issues.

[11]          RSRT, Summary of decision [2016] RSRTFB 6 Application, available at: http://www.rsrt.gov.au/index.cfm/decisions-statements-orders/summaries/2016rsrtfb6/.

[12]          RSRT, Decision—Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (2015) RSRTFB 15 [167].

[13]          EM, SOC, v.

[14]          PwC, Review of the Road Safety Remuneration System Final Report (January 2016) 78, available at: https://docs.employment.gov.au/system/files/doc/other/2016_review_of_the_rsrs.pdf.

[15]          PwC, Review of the Road Safety Remuneration System Final Report (January 2016) 78-79 .

[16]        National Transport Commission, Safe Payments: Addressing the Underlying Causes of Unsafe Practices in the Road Transport Industry (October 2008) 17, available at: http://www.ntc.gov.au/archive/safe-payments.

[17]        National Transport Commission, Safe Payments: Addressing the Underlying Causes of Unsafe Practices in the Road Transport Industry (October 2008) 5.

[18]          The prohibited grounds are race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Under 'other status' the following have been held to qualify as prohibited grounds: age, nationality, marital status, disability, place of residence within a country and sexual orientation.

[19]          UN Human Rights Committee, General Comment 18, Non-discrimination (1989).

[20]          Statement of compatibility [1].

[21]          Explanatory statement [2].

Chapter 2 - Concluded matters

[1]          Parliamentary Joint Committee on Human Rights, Twenty-seventh Report of the 44th Parliament (8 September 2015) 4-7.

[2]          Parliamentary Joint Committee on Human Rights, Thirty-fifth Report of the 44th Parliament (25 February 2016) 7-12.

[3]          See section 3 of the Environment Protection and Biodiversity Conservation Act 1999.

[4]          See Appendix 1, letter from the Hon Greg Hunt MP, Minister for the Environment, to the Hon Philip Ruddock MP (received 13 April 2016) 2.

[5]          Parliamentary Joint Committee on Human Rights, Thirtieth Report of the 44^th Parliament (10 November 2015) 61-63.

[6]          Parliamentary Joint Committee on Human Rights, Thirty-fourth Report of the 44^th Parliament (23 February 2016) 5-8.

[7]          See Appendix 1, letter from Senator the Hon Michaelia Cash, Minister for Employment, to the Hon Philip Ruddock MP (received 13 April 2016) 2.

[8]          Appendix 2; see Parliamentary Joint Committee on Human Rights, Guidance Note 1—Drafting Statements of Compatibility (December 2014) http://www.aph.gov.au/~/media/Committees/Senate/committee/humanrights_ctte/guidance_notes/guidance_note_1/guidance_note_1.pdf.

[9]          See Attorney-General's Department, Template 2: Statement of compatibility for a bill or legislative instrument that raises human rights issues at http://www.ag.gov.au/RightsAndProtections/HumanRights/PublicSector/Pages/Statementofcompatibilitytemplates.aspx.

[10]          Australian Border Force (Alcohol and Drug Tests) Rule 2015 (F2015L00973), sections 9-12.

[11]          Parliamentary Joint Committee on Human Rights, Thirty-sixth Report of the 44th Parliament (16 March 2016) 14-18.

[12]          RC Act, sections 3 and 6B.

[13]          RC Act, section 6A.

[14]          See Appendix 1, letter from the Hon Dr Peter Hendy MP, Assistant Minister to the Prime Minister, to the Hon Philip Ruddock MP (received 18 April 2016) 1-2.

[15]          RC Act, sections 3 and 6B.

[16]          RC Act, section 6A.

[17]          Attorney-General's Department, A Guide to Framing Commonwealth Offences, Infringement Notices and Enforcement Powers (September 2011) 27, available at https://www.ag.gov.au/Publications/Documents/GuidetoFramingCommonwealthOffencesInfringementNoticesandEnforcementPowers/A%20Guide%20to%20Framing%20Cth%20Offences.pdf.