Chapter 1Introduction
Initiation of the inquiry
1.1On 15 March 2023, pursuant to section 7(c) of the Human Rights (Parliamentary Scrutiny) Act 2011, the Attorney-General wrote to the Parliamentary Joint Committee on Human Rights (the committee) to request that the committee:
review the scope and effectiveness of [Australia's Human Rights] Framework and the National Human Rights Action Plan;
consider whether the Framework should be re-established, as well as the components of the Framework, and any improvements that should be made;
consider developments since 2010 in Australian human rights law (both at the Commonwealth and State and Territory levels) and relevant case law; and
consider any other relevant matters.
1.2The Attorney-General requested that the committee report to both Houses of Parliament by 31 March 2024. On 25 March 2024 the Attorney-General granted an extension to the reporting date to 30 May 2024.
Conduct of the inquiry
1.3Following referral to the committee, the Chair of the committee, Josh Burns MP, issued a media release on 22 March 2023 to call for submissions and announce the committee's intention to hold a number of public hearings.
1.4In inviting submissions, the committee indicated that it sought information regarding the terms of reference and in particular:
whether the Australian Parliament should enact a federal Human Rights Act, and if so, what elements it should include (including by reference to the Australian Human Rights Commission's recent Position Paper);
whether existing mechanisms to protect human rights in the federal context are adequate and if improvements should be made, including:
- to the remit of the Parliamentary Joint Committee on Human Rights;
- the role of the Australian Human Rights Commission;
- the process of how federal institutions engage with human rights, including requirements for statements of compatibility; and
the effectiveness of existing human rights Acts/Charters in protecting human rights in the Australian Capital Territory, Victoria and Queensland, including relevant caselaw, and relevant work done in other states and territories.
1.5The committee wrote to 141 relevant stakeholders inviting them to make a submission to the inquiry by 1 July 2023, and advertised the inquiry on its website.
1.6The committee held six public hearings in relation to this inquiry. These hearings took place on 12 May 2023 (in Canberra), 15 August 2023 (in Brisbane), 25 August 2023 (in Melbourne), 27 and 28 September 2023 (in Sydney) and 20October 2023 (in Canberra). The committee heard evidence from a range of government bodies, legal organisations, peak bodies, community groups, religious organisations, campaign organisations, academics and legal experts. A list of witnesses is included at Appendix 2, and the Committee Hansard transcript is available on the committee's website.
1.7The committee received 335 public submissions, which were published on the committee's website, and seven confidential submissions. These submissions are listed in Appendix 1. The committee received a total of 4135 form or campaign letters and resolved to publish one example of each type (together with the number received). These are listed in Appendix 3.
Structure of the report
1.8The report contains eight chapters, as follows:
Chapter 1 sets out the details of the inquiry;
Chapter 2 lays out the history of human rights protection in Australia and provides the background to the inquiry's terms of reference;
Chapter 3 details the commitments made in Australia’s Human Rights Framework and the status of those commitments;
Chapter 4 summarises the key human rights concerns raised by submitters to the inquiry;
Chapter 5 sets out the arguments for and against the adoption of an Australian Human Rights Act;
Chapter 6 details the rights proposed for protection in a Human Rights Act;
Chapter 7 outlines the elements of the proposed model for a Human Rights Act;
Chapter 8 considers what is necessary to develop a culture of respect for human rights; and
Chapter 9 sets out the committee’s views and recommendations.
1.9The report also includes a number of appendices, including a summary produced by the Australian Human Rights Commission of key elements of its model for a Human Rights Act (Appendix 4), and a draft bill setting out options and ideas for what a federal Human Rights Act could look like (Appendix 5).
Note on terminology
1.10Witnesses have used a range of different terms to refer to individuals and groups. The committee appreciates the importance of using terminology that is respectful and inclusive, while acknowledging there are a range of views as to the most appropriate terminology. The committee has adopted throughout the report the following widely accepted terms for consistency,:
Aboriginal and Torres Strait Islander people;
LGBTIQA+ people;
transgender people;
victim-survivors of crime;
people experiencing homelessness;
people from culturally and linguistically diverse communities.
Acknowledgements
1.11The committee acknowledges and thanks the many organisations and individuals who assisted with, and contributed to, the inquiry by making submissions, giving evidence at the public hearings and providing additional information.