RECOMMENDATIONS
Recommendation 1
3.110 In acknowledging the significant level of discussion
throughout the inquiry in relation to the definition of 'human rights' in
clause 3 of the Human Rights Bill and its relevance to the role and functions
of the proposed joint committee, the committee recommends that the joint
committee undertake a comprehensive review of the definition at the end of the
joint committee's first 12 months of operation. The purpose of the review
should be to ensure that the seven core UN conventions provide an appropriate
basis for the definition, and the review should include specific consideration
of whether the following sources of law should be articulated in the
definition:
- the Australian Constitution;
-
the common law as applied in Australia; and
- statutes of the Commonwealth or state or territory parliaments.
The joint
committee's review should also consider harmonising the definitions of 'human
rights' for the purposes of the new joint committee and for the purposes of the
Australian Human Rights Commission's mandate.
Recommendation 2
3.118 The committee recommends that clause 7 of the Human
Rights (Parliamentary Scrutiny) Bill 2010 be amended to enable the proposed
joint committee to report to both Houses of the Parliament, with such comments
as it thinks fit, upon any matter connected with the performance of its
functions that the joint committee considers should be directed to the
attention of the Parliament.
Recommendation 3
3.119 The committee recommends that clause 7 of the Human
Rights (Parliamentary Scrutiny) Bill 2010 be amended to enable the proposed
joint committee to inquire into any matter or question in connection with its
functions which is referred to it by either House of the Parliament, and to
report to that House upon that matter or question.
Recommendation 4
3.120 The committee recommends that paragraph 7(a) of the
Human Rights (Parliamentary Scrutiny) Bill 2010 be amended to specifically
provide that the proposed joint committee may examine any amendments to bills
that come before either House of the Parliament for compatibility with human
rights.
Recommendation 5
3.126 The committee recommends that the parliamentary
resolutions contemplated under clause 6 of the Human Rights (Parliamentary
Scrutiny) Bill 2010 relating to the powers and proceedings of the proposed
joint committee should include the ability for the committee to report from
time to time its proceedings and evidence, and any recommendations; and to make
regular reports on the progress of its proceedings.
Recommendation 6
3.127 The committee recommends that the parliamentary
resolutions contemplated under clause 6 of the Human Rights (Parliamentary
Scrutiny) Bill 2010 relating to the powers and proceedings of the proposed
joint committee should include the ability to interact freely with, and request
and obtain information from, Ministers, government agencies and other
individuals or entities in relation to the exercise of the joint committee's
functions.
Recommendation 7
3.128 The committee recommends that the parliamentary resolutions
contemplated under clause 6 of the Human Rights (Parliamentary Scrutiny) Bill
2010 relating to the powers and proceedings of the proposed joint committee
should include the ability to draw to the relevant Minister's attention any
matters or concerns in relation to a bill, Act, legislative instrument or other
human rights issue; and to request clarification or consideration that those
matters or concerns be addressed in a particular way.
Recommendation 8
3.137 The committee recommends that subclause 8(1) of the
Human Rights (Parliamentary Scrutiny) Bill 2010 be amended to require that a
member of Parliament who proposes to introduce amendments to a bill into a
House of the Parliament must cause a statement of compatibility to be prepared
in respect of those amendments.
Recommendation 9
3.138 The committee recommends that the Human Rights
(Parliamentary Scrutiny) Bill 2010 be amended to include an objects clause to
serve as a means of clarifying the content of statements of compatibility by
clearly articulating that the purpose of the Human Rights Bill is to promote
and protect human rights in Australia.
Recommendation 10
3.139 The committee recommends that clauses 8 and 9 of the Human
Rights (Parliamentary Scrutiny) Bill 2010 be revised to provide that statements
of compatibility must clearly explain the nature and extent of, and provide
reasons for, any incompatibility of a bill or legislative instrument with
relevant human rights standards.
Recommendation 11
3.140 The committee recommends that the Explanatory
Memorandum (EM) to the Human Rights (Parliamentary Scrutiny) Bill 2010 be
amended to provide greater detail in relation to the timing of presentation of
statements of compatibility, namely that statements of compatibility must form
part of, or be attached to, the EM and must be provided as part of the EM's
presentation to the Parliament.
Recommendation 12
3.141 Subject to the preceding recommendations, the
committee recommends that the Senate pass the Human Rights (Parliamentary
Scrutiny) Bill 2010 and the Human Rights (Parliamentary Scrutiny)
(Consequential Provisions) Bill 2010.
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