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Bills unlikely to raise human rights concerns
High Speed Rail Planning Authority Bill 2013
Sponsor:
Mr Albanese
Introduced:
House of Representatives, 9 December 2013
1.1
This bill proposes to establish the High Speed Rail Planning Authority. The
purpose of the Authority would be to advise on, plan and develop high speed
rail on the east coast of Australia.
1.2
The bill is accompanied by a statement of compatibility that states that
it does not engage any human rights.
1.3
The committee considers that the bill does not appear to give
rise to human rights concerns.
Landholders’ Right To Refuse (Gas And Coal) Bill
2013
Sponsor:
Senator Waters
Introduced:
Senate, 9 December 2013
1.4
This bill proposes to provide Australian landholders with the right to
refuse the undertaking of gas and coal mining activities on food producing
land. The purpose of the bill is to address the likely impacts of coal and gas
mining activities on Australia's food security.
1.5
The bill is accompanied by a statement of compatibility that states that
this bill has no negative human rights implications.
1.6
The committee notes that the bill is likely to promote the right to an
adequate standard of living,[1]
which includes the right to food and requires States to take steps to ensure
the availability, adequacy and accessibility of food, and the right not to be
subjected to arbitrary or unlawful interference with one's home.[2]
1.7
The committee considers that the bill does not appear to give
rise to human rights concerns.
Marriage Equality Amendment Bill 2013
Sponsor:
Senator Hanson-Young
Introduced:
Senate, 12 December 2013
1.8
This bill proposes to amend the definition of 'marriage' in the Marriage
Act 1961 (Marriage Act) to enable two people, regardless of their sex,
sexual orientation or gender identity, to have the opportunity to marry. The
bill also proposes to remove from the Marriage Act the prohibition on
recognising a marriage between same-sex couples entered into in a foreign
country.
1.9
The bill is accompanied by a statement of compatibility that states that
the bill promotes a number of rights, including the right to marry,[3]
the right to equality and non-discrimination[4]
and the right to health.[5]
1.10
Our predecessor committee has already examined and set out its views in
relation to a number of the human rights issues relevant to same-sex marriage
in its consideration of two bills introduced in the 43rd Parliament
containing measures identical to those in this bill.[6]
1.11
The committee considers that the bill does not appear to give
rise to human rights concerns.
Migration Amendment (Visa Maximum
Numbers Determinations) Bill 2013
Sponsor:
Senator Hanson-Young
Introduced:
Senate, 9 December 2013
1.12
This bill proposes to subject instruments made under section 85 of the Migration
Act 1958 to disallowance. Section 85 of the Migration Act allows the
Minister to determine the maximum number of visas of a specified class or visas
of specified classes that may be granted in a specified financial year.[7]
The bill provides that the amendments made by the bill apply retrospectively to
each legislative instrument made under section 85 on or after 2 December 2013.
1.13
The bill also seeks to disallow the instrument made by the Minister
under section 85 on 2 December 2013, entitled Determination of Granting of
Protection Class XA Visas in 2013/2014 Financial Year – IMMI 13/156. This
instrument capped the maximum number of visas that may be granted in the
financial year 1 July 2013 to 30 June 2014 for Protection (Class XA) visas at
1650.
1.14
The bill is accompanied by a statement of compatibility that states that
the bill does not engage any human rights 'as it simply creates a mechanism for
the Parliament to disallow legislative instruments determined [under] section
85 of the Migration Act 1958'.[8]
1.15
The committee notes that since this bill was introduced, the instrument
sought to be disallowed by the bill (Determination of Granting of Protection
Class XA Visas in 2013/2014 Financial Year – IMMI 13/156) has been revoked
by the Minister.[9]
Despite the fact that the instrument has been revoked, the committee has
examined the instrument as part of this report, as legislation which has come
before the Parliament.
1.16
The committee considers that the bill does not appear to give
rise to human rights concerns.
Private Health Insurance Legislation Amendment
Bill 2013
Portfolio:
Health
Introduced:
House of Representatives, 12 December 2013
1.17
This bill proposes to amend the Private Health Insurance Act 2007
(PHI Act) to make clear that a single rebate adjustment factor, to be
determined in accordance with the Private Health Insurance (Incentives)
Rules,[10]
will be applied to all Australian government rebates on private health
insurance.
1.18
According to the explanatory memorandum, previous amendments made to the
PHI Act (the June 2013 amendments)[11]
capped the rebate by
setting
a base premium for every type of insurance product on the market and then indexing
the rebate payable for every type of private health insurance product subgroup
by the lesser of the increase in the Consumer Price Index (CPI) or the increase
in the commercial premium for each product subgroup.[12]
1.19
The purpose of this bill is to simplify implementation of the June 2013
amendments by applying a single rebate adjustment factor to all types of
insurance products.
1.20
The bill is accompanied by a statement of compatibility stating that the
proposed amendments are 'in the interests of reducing regulatory burden'.[13]
The statement of compatibility refers to the right to health and states that
there is no incompatibility with the right to health because the bill
simplifies the process for consumers and insurers and is 'for the legitimate
objective of reducing costs for insurers and consumers'.[14]
The statement of compatibility also states that the process for purchasing
health insurance and claiming the rebate will remain unchanged.[15]
1.21
The committee notes that our predecessor committee examined and set out its
views in relation to the human rights issues relevant to the June 2013 amendments.[16]
The statement of compatibility accompanying the June 2013 amendments recognised
that the amendments may have the effect of increasing the cost of obtaining
private health insurance.[17]
1.22
The committee concluded that to the extent that the amendments led to an
increase in the cost of private health insurance, the amendments constituted a
limitation on the right to health. However, it considered that such a
limitation may be justified under article 4 of the International Covenant on
Economic, Social and Cultural Rights (ICESCR) because the purpose of the bill,
to make the private health insurance rebate expenditure sustainable, was a
legitimate objective.
1.23
It is not clear what will be the likely impact on consumers of this bill
will be and whether the amendments may have a similar substantive effect to the
June 2013 amendments. As with the June 2013 amendments, the committee notes
that any such impact may be justified under article 4 of the ICESCR. However,
the committee would have been aided in its scrutiny of this bill had the
statement of compatibility more clearly explained the potential impact on
consumers.
1.24
The committee considers that this bill does not appear to give
rise to human rights concerns.
Veterans Affairs Legislation Amendment
(Miscellaneous Measures) Bill 2013
Portfolio:
Veteran's Affairs
Introduced:
House of Representatives, 12 December 2013
1.25
This bill proposes to make a number of minor and technical amendments to
veterans' affairs legislation and the Social Security Act 1991. The
bill seeks to:
-
clarify arrangements for the payment of travel expenses for
treatment under the Veterans’ Entitlements Act 1986 and the Australian
Participants in British Nuclear Tests (Treatment) Act 2006;
-
provide for the more timely provision of special assistance under
the Military Rehabilitation and Compensation Act 2004 by way of a
legislative instrument in place of the current arrangement requiring a
regulation;
-
ensure that the debt recovery provisions will be applicable to
all relevant provisions of the Veterans’ Entitlements Act, the regulations and
any legislative instrument made under the Veterans’ Entitlements Act;
-
make technical amendments to provisions in the Military
Rehabilitation and Compensation Act that refer to legislative instruments to
reflect the enactment of the Legislative Instruments Act 2003;
-
amend the Military Rehabilitation and Compensation Act to replace
obsolete references to pharmaceutical allowance and telephone allowance with
references to the MRCA Supplement (which became payable from 20 September 2009
and replaced the telephone and pharmaceutical allowances that were payable
under the Act prior to that date); and
-
repeal redundant definitions and operative provisions relating to
the maintenance income provisions of the Veterans’ Entitlements Act and align
the remaining definitions with those used in the Social Security Act.
1.26
The bill is accompanied by a statement of compatibility that states that
most of the amendments do not engage any human rights but that the amendments
to clarify the arrangements for the payment of travel expenses for persons
receiving treatment under the Veterans’ Entitlements Act and the Australian
Participants in British Nuclear Tests (Treatment) Act advance the right to
health as they ensure that eligible persons will be able to access the health
services provided under the Acts.
1.27
The committee considers that the bill does not appear to give
rise to human rights concerns.
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