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Executive Summary
This report provides the Parliamentary
Joint Committee on Human Rights' view on the compatibility with human rights as
defined in the Human Rights (Parliamentary Scrutiny) Act 2011 of bills
introduced into the Parliament during the period 11 to 27 February 2014 and
legislative instruments received during the period 1 to 21 February 2014. The committee
has also considered responses to the committee's comments made in previous
reports.
Bills introduced 11 to 27 February 2014
The committee considered seventeen bills,
all of which were introduced with a statement of compatibility. Of these seventeen
bills, seven of the bills considered do not require further scrutiny as they do
not appear to give rise to human rights concerns.
The committee has identified nine bills
that it considers require further examination and for which it will seek
further information.
Of the bills considered, those which
are scheduled for debate during the sitting week commencing 3 March 2014
include:
-
Tax and Superannuation Laws Amendment (2014 Measures No. 1) Bill 2014;[1]
and
-
Tertiary Education Quality and Standards Agency Amendment Bill 2014.[2]
The committee has decided to defer
its consideration of the Fair Work Amendment Bill 2014, which was introduced on
27 February 2014, to enable closer consideration of the issues.
Legislative instruments received between
1 and 21 February 2014
The committee considered 87
legislative instruments received between 1 and 21 February 2014. The full
list of instruments scrutinised by the committee can be found in Appendix 1 to
this report.
Of these 87 instruments, 81 (or
approximately 93 percent) do not appear to raise any human rights concerns and
are accompanied by statements of compatibility that are adequate. A further four
instruments do not appear to raise any human rights concerns but are not accompanied
by statements of compatibility that 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 has decided to seek further information from the
relevant Minister in relation to the remaining two instruments before forming a
view about their compatibility with human rights.
Responses
The committee has considered seven
responses which related to 20[3]
bills and legislative instruments and were in response to the committee's
comments its First Report of the 44th Parliament. The
committee has concluded its consideration of three bills and eight instruments.
The committee has deferred its
consideration of the Minister's response to the committee's comments on a
further two legislative instruments to enable closer examination of the issues
raised in light of information requested of the Minister in relation to related
legislation considered in the committee's Second Report of the 44th
Parliament.[4]
The committee notes that a number of
responses to comments in its Second Report of the 44th Parliament
were not received in time to be considered in this report. The committee will
consider these responses in its next report.
Senator Dean
Smith
Chair
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