Navigation: Previous Page | Contents | Next Page
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 17 to 20 March 2014 and
legislative instruments received during the period 1 to 7 March 2014. The
committee has also considered responses to the committee's comments made in
previous reports.
Bills introduced 17 to 20 March 2014
The committee considered 22 bills,
all of which were introduced with a statement of compatibility. Of these 22 bills,
13 do not require further scrutiny as they do not appear to give rise to human
rights concerns. The committee has decided to defer its consideration of three
bills.
The committee has identified six 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 24 March 2014
include:
- Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014;
- Clean Energy Finance Corporation (Abolition) Bill 2013 [No.2];
- Defence Force Retirement Benefits Legislation Amendment (Fair
Indexation) Bill 2014;
- Marriage (Celebrant Registration Charge) Bill 2014 and Marriage
Amendment (Celebrant Administration and Fees) Bill 2014; and
- Omnibus Repeal Day (Autumn 2014) Bill 2014.
Legislative instruments received
between 1 and 7 March 2014
The committee considered 42
legislative instruments received between 1 and 7 March 2014. The full list of
instruments scrutinised by the committee can be found in Appendix 1 to this
report.
Of these 42 instruments, 40 do not appear
to raise any human rights concerns and all are accompanied by statements of
compatibility that are adequate. The committee has decided to seek further
information from the relevant Minister in relation to one of the two remaining
instruments before forming a view about its compatibility with human rights.[1]
The committee notes that a statement of compatibility was not provided for this
instrument as it is exempt from the statement of compatibility requirement
under the Human Rights (Parliamentary Scrutiny) Act 2011. The committee
has consistently regarded the preparation of a statement of compatibility for
exempt instruments, particularly where they involve limitations on human
rights, as a best-practice approach. In relation to the second remaining
instrument, the committee has taken the opportunity to draw the relevant
Minister's attention to the committee's views with regard to national
cooperative schemes of legislation.[2]
Responses
The committee has considered seven
responses relating to matters raised in relation to bills and legislative
instruments in previous reports. Of these, the responses relating to two bills
and two instruments appear to have adequately addressed the committee's
concerns.[3]
The committee retains concerns and/or
has sought further information or the inclusion of safeguards in relation to
two bills and one instrument. The committee will write again to the relevant
Ministers in relation to these matters.
Senator Dean
Smith
Chair
Navigation: Previous Page | Contents | Next Page
Top
|