Footnotes
[1] Absolute rights
are: the right not to be subjected to torture, cruel, inhuman or degrading
treatment; the right not to be subjected to slavery; the right not to be
imprisoned for inability to fulfil a contract; the right not to be subject to
retrospective criminal laws; the right to recognition as a person before the
law.
Chapter 1 - New and continuing matters
[1]
See Parliament of Australia website, 'Journals of the Senate', http://www.aph.gov.au/Parliamentary_Business/Chamber_documents/Senate_chamber_documents/Journals_of_the_Senate.
[2]
See Parliamentary Joint Committee on Human Rights, Thirtieth Report
of the 44th Parliament (10 November 2015) 2.
[3]
See Parliamentary Joint Committee on Human Rights, Twenty-fourth
Report of the 44th Parliament (23 June 2015) 2.
[4] See the
entry 'Instruments made under the Autonomous Sanctions Act 2011 and the Charter
of the United Nations Act 1945' in Parliamentary Joint Committee on Human
Rights, Twenty‑eighth Report of the 44th Parliament (17
September 2015) 15-38. The instrument was deferred by the committee in
Parliamentary Joint Committee on Human Rights, Thirtieth Report of the 44th
Parliament (10 November 2015) 2.
[5] See
Parliamentary Joint Committee on Human Rights, Twenty-first Report of the 44th Parliament
(24 March 2015); and Parliamentary Joint Committee on Human Rights, Twenty‑third
Report of the 44th Parliament (18 June 2015).
[6]
Parliamentary Joint Committee on Human Rights, Nineteenth Report
of the 44th Parliament (3 March 2015) 29-38.
[7]
Parliamentary Joint Committee on Human Rights, Twenty‑second
Report of the 44th Parliament (13 May 2015) 174-182.
[8]
Section 380 of the Telecommunications Act 1997 (the
Telecommunications Act).
[9]
Section 382 of the Telecommunications Act.
[10]
The prohibited grounds are race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status. Under 'other status' the following have been held to qualify as
prohibited grounds: age, nationality, marital status, disability, place of
residence within a country and sexual orientation.
[11]
UN Human Rights Committee, General Comment 18, Non-discrimination (1989).
[12]
Althammer v Austria HRC 998/01 [10.2].
[13]
Committee on the Rights of Persons with Disabilities, General
Comment No. 2: Article 9: Accessibility (2014) para 28.
[14]
Explanatory Memorandum (EM), Statement of Compatibility (SoC) 88.
[15]
Article 2(1) and 26 of the International Covenant on Civil and
Political Rights (ICCPR); article 2(2) of the International Covenant on
Economic, Social and Cultural Rights (ICESCR); and the Convention on the
Elimination of All Forms of Racial Discrimination (CERD).
[16]
Article 9 of the ICESCR.
[17]
Article 11 of the ICESCR.
[18]
Article 17 of the ICCPR.
[19]
EM, SoC 95.
[20]
See Parliamentary Joint Committee on Human Rights, Eleventh Report
of 2013: Stronger Futures in the Northern Territory Act 2012 and related legislation
(June 2013).
[21]
Parliamentary Joint Committee on Human Rights, Eleventh Report of
2013: Stronger Futures in the Northern Territory Act 2012 and related
legislation (June 2013) 38-39.
[22]
Parliamentary Joint Committee on Human Rights, Eleventh Report of
2013: Stronger Futures in the Northern Territory Act 2012 and related
legislation (June 2013) 34.
[23]
Parliamentary Joint Committee on Human Rights, Eleventh Report of
2013: Stronger Futures in the Northern Territory Act 2012 and related
legislation (June 2013) 75.
[24]
Though note that the committee has previously concluded that it does
not consider that these measures can properly be characterised as 'special
measures' for the purposes of international human rights law. See Parliamentary
Joint Committee on Human Rights, Eleventh Report of 2013: Stronger Futures
in the Northern Territory Act 2012 and related legislation (June 2013)
21-28.
[25]
Note the Committee on Economic, Social and Cultural Rights, General
Comment No. 16, para 36: 'States parties are encouraged to adopt temporary
special measures to accelerate the achievement of equality between men and
women in the enjoyment of the rights under the Covenant...The results of such
measures should be monitored with a view to being discontinued when the
objectives for which they are undertaken have been achieved'. Note also the
comments of Bell J in Maloney v R [2013] HCA 28 at [252].
[26]
United Nations Security Council, Resolution 2199 (2015), paragraph
17, 7379th meeting.
[27]
See article 2(2) and article 41 of the Charter of the United Nations
1945.
[28]
See section 103 of the UN Charter which provides: 'In the event of a
conflict between the obligations of the Members of the United Nations under the
present Charter and their obligations under any other international agreement,
their obligations under the present Charter shall prevail'.
[29]
See the combined effect of the Charter of the United Nations (UN
Sanction Enforcement Law) Amendment Declaration 2015 (No. 2) [F2015L01673],
which designates regulation 5 of the Charter of the United Nations
(Sanctions—Syria) Regulation 2015 as a UN Sanction Enforcement Law under
section 2B of the Charter of the United Nations Act 1945, read with
section 27 of that Act which makes contravention of a UN sanction enforcement
law a criminal offence.
[30]
See Charter of the United Nations (UN Sanction Enforcement Law)
Amendment Declaration 2015 (No. 2), specifying regulation 10 of the Charter of
the United Nations (Sanctions—Iraq) Regulation 2008 and regulation 6 of the
Charter of the United Nations (Sanctions—Syria) Regulation 2015 as UN sanction
enforcement laws under section 2B of the Charter of the United Nations Act
1945, read with section 27 of that Act which makes contravention of a UN
sanction enforcement law a criminal offence.
[31]
United Nations Human Rights Committee, General Comment No. 35:
Article 9 (Liberty and Security of persons), (16 December 2014) paragraph 12.
[32]
United Nations Human Rights Committee, General Comment No. 35:
Article 9 (Liberty and Security of persons), (16 December 2014) paragraph
22.
[33]
Attorney-General's Department, A Guide to Framing
Commonwealth Offences, Infringement Notices and Enforcement Powers (September
2011 edition) 23.
Chapter 2 - Concluded matters
[1]
Parliamentary Joint Committee on Human Rights, Twenty-seventh
Report of the 44th Parliament (17 September 2015) 20-30.
[2]
See proposed new subsection 124PQ(2) of the bill.
[3]
Andrew Forrest, Creating Parity – the Forrest Review (2014).
[4]
Andrew Forrest, Creating Parity – the Forrest Review (2014)
106.
[5]
Parliamentary Joint Committee on Human Rights, Eleventh Report of 2013:
Stronger Futures in the Northern Territory Act 2012 and related legislation (26
June 2013).
[6]
The committee is currently undertaking a review of the income
management measures as part of its review into Stronger Futures.
[7] Parliamentary
Joint Committee on Human Rights, Human rights scrutiny report, Twenty‑seventh
report of the 44th Parliament, 8 September 2015, p. 22.
[8] Social
Services Legislation Amendment (Debit Card Trial) Bill 2015, Explanatory
Memorandum, Statement of Compatibility, p. 4.
[9]
Australian Medical Association, 2014, National Alcohol Summit,
available from https://ama.com.au/alcoholsummit.
[10]
Australian Government, 2014, Problem Gambling, available from:
http://www.problemgambling.gov.au/.
[11] Parliamentary
Joint Committee on Human Rights, Human rights scrutiny report, Twenty‑seventh
report of the 44th Parliament, 8 September 2015, p. 23.
[12] Deloitte
(2014b) Place Based Income Management- Process and short term outcomes
evaluation, August 2014, Deloitte Access Economics, Barton, ACT;
Department of Social Services (DSS) (2014a) A Review of Child Protection
Income Management in Western Australia, DSS, Canberra; and Australian
Institute of Health and Welfare (2010) Evaluation of income management in
the Northern Territory, Occasional Paper No 34. Department of Families.
Housing, Community Services and Indigenous Affairs, Canberra.
[13]
See Appendix 1, Letter from the Hon Alan Tudge MP, Assistant Minister to
the Prime Minister, to the Hon Philip Ruddock MP (dated 19 October 2015) 1-3.
[14]
Andrew Forrest, Creating Parity – the Forrest Review (2014) 1.
[15] Parliamentary
Joint Committee on Human Rights, Human rights scrutiny report, Twenty‑seventh
report of the 44th Parliament, 8 September 2015, p. 26.
[16] Social
Services Legislation Amendment (Debit Card Trial) Bill 2015, Explanatory
Memorandum, Statement of Compatibility, p. 4.
[17] Social
Services Legislation Amendment (Debit Card Trial) Bill 2015, Explanatory
Memorandum, Statement of Compatibility, p. 3.
[18] Parliamentary
Joint Committee on Human Rights, Human rights scrutiny report, Twenty‑seventh
report of the 44th Parliament, 8 September 2015, p. 27.
[19]
Department of Human Services administrative data (DSS Blue Book dataset)
as at 27/03/15.
[20]
Department of Human Services administrative data (DSS Blue Book dataset)
as at 27/03/15.
[21] Submission
to the Senate Standing Committee on Community Affairs inquiry to the Social
Services Legislation Amendment (Debit Card Trial) Bill 2015, District
Council of Ceduna, Annexure 1, p. 3.
[22] Submission
to the Senate Standing Committee on Community Affairs inquiry to the Social
Services Legislation Amendment (Debit Card Trial) Bill 2015, District
Council of Ceduna, Annexure 3, p. 2.
[23]
See Appendix 1, Letter from the Hon Alan Tudge MP, Assistant Minister to
the Prime Minister, to the Hon Philip Ruddock MP (dated 19 October 2015) 3-5.
[24]
For example, based on statistics published by the Department of Social
Services (DSS), in 2013 821 738 persons were receiving the Disability Support
Pension (DSP). Once persons receiving the Aged Pension are removed from the
total number of recipients, persons receiving DSP made up 29.5 per cent of the
total number of recipients. See DSS, Statistical Paper No. 12, Income
support customers: a statistical overview 2013 (2014) 2.
[25]
See Appendix 1, Letter from the Hon Alan Tudge MP, Assistant Minister to
the Prime Minister, to the Hon Philip Ruddock MP (dated 19 October 2015) 5-6.
[26]
Parliamentary Joint Committee on Human Rights, Twenty-sixth Report
of the 44th Parliament (18 August 2015) 7-11.
[27]
Explanatory Statement, Statement of Compatibility 3.
[28]
Parliamentary Joint Committee on Human Rights, Sixth Report of 2013
(15 May 2013) 189‑191.
[29] Human
Rights Committee, General Comment 32, Right to equality before courts and
tribunals and to a fair trial, UN Doc CCPR/C/GC/32, 23 August 2007.
[30] Engel
and Others v the Netherlands, Application No. 5100/71, 5101/71 , 5102171 ,
5354/72, 5370/72, 8 June 1976.
[31]
p.74. Organised Crime in Australia 2011. Australian Crime
Commission.
[32]
p.75. Organised Crime in Australia 2011. Australian Crime
Commission.
[33]
p.73. Organised Crime in Australia 2011. Australian Crime
Commission.
[34]
See Appendix 1, Letter from the Hon Michael Keenan MP, Minister for
Justice, to the Hon Philip Ruddock MP (dated 13 October 2015) 1-4.
[35]
Section 5(2) POC Act.
[36] Australian
Government, Australian Institute of Criminology, Transnational crime brief
no. 1 (January 2008) 1.
[37]
See Goldsmith v Customs and Excise Commissioners [2001] 1 WLR
16733; R v Dover Magistrates Court [2003] Q.B. 1238.
[38]
R v Green [1983] 9 C.R.R. 78; Johnston v British Columbia [1987]
27 C.R.R. 206.
[39]
Australian Federal Police, Annual Report 2012-13, 101.
[40]
Australian Crime Commission, Organised Crime in Australia 2015
(2015) 49.