Appendix 5 - Example Human Rights Bill 2024

Appendix 5Example Human Rights Bill 2024

1.1Attached is an example of a draft Human Rights bill. It sets out the main provisions recommended by the Australia Human Rights Commission,[1] but also has regard to the submissions made to this committee, the modifications proposed in recommendation 2 and drafting practices.

1.2The committee does not intend that this draft bill represents the entirety of what a Human Rights Act (HRA) would ultimately look like, but provides this in order to promote understanding of the proposed HRA model (see Chapter 9).

1.3As set out in the proposed bill, the HRA would operate by binding public authorities – being those with powers or functions under Commonwealth law or other entities exercising Commonwealth functions. It is not intended to apply generally to the states and territories – instead it is intended to operate concurrently with relevant state and territory Human Rights Acts.

Footnotes

[1]Australian Human Rights Commission, Free and Equal: A Human Rights Act for Australia (December2022).