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Part 2

Legislative Instruments registered with FRLI
20 September–16 October 2012

Consideration of legislative instruments

2.1        The committee has considered 129 legislative instruments registered with
the Federal Register of Legislative Instruments (FRLI) between 20 September and 16
October 2012. The full list of instruments scrutinised by the committee can be found
in Appendix 2.

2.2        84 of these instruments do not appear to raise human rights concerns and
have been registered with statements of compatibility that the committee considers
to be adequate.

2.3        38 instruments have been introduced with statements of compatibility that
do not fully meet the committee's expectations. As the instruments in question do
not appear to raise human rights compatibility concerns, the committee has written
to the relevant Ministers in a purely advisory capacity providing guidance on the
preparation of statements of compatibility. The committee hopes that this approach
will assist in the preparation of future statements of compatibility that conform more
closely to the committee's expectations.

2.4        The committee has identified three instruments for which it seeks further
information from the relevant Minister before forming a view about their
compatibility with human rights.

2.5        The committee has deferred its consideration of four instruments to allow
closer examination of their impact on human rights.

 

Emergency Management Ordinance 2012 (CI)

Emergency Management Ordinance 2012 (CKI)

FRLI ID: F2012L02038 and F2012L02040
Tabled in the House of Representatives and the Senate on 29 October 2012
Portfolio: Regional Australia

Committee view

2.2                 The committee seeks further clarification from the Minister for Regional Australia before forming a view on the compatibility these instruments with human rights.

Purpose of the bill

2.3                  These two ordinances establish the necessary overarching emergency management arrangements for the emergency services on Christmas Island and Cocos Keeling Island, including local governments and emergency management agencies.

Compatibility with human rights

2.4        The statement of compatibility for both ordinances states that these instruments are compatible with human rights.

2.5        The committee notes that emergency management by its nature is likely to engage a range of human rights, including, for example, the right to freedom of movement.

2.6                 Before forming a view as to whether these instruments are compatible with human rights, the committee proposes to write to the Minister for Regional Australia to seek further clarification on the potential rights impacts of the instruments.

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