Members
Mr Ian Goodenough MP, Chair	Moore, Western Australia, LP
Mr Graham Perrett MP, Deputy Chair	Moreton, Queensland, ALP
Senator Claire Chandler	Tasmania, LP
Senator Patrick Dodson	Western Australia, ALP
Mr Steve Georganas MP	Adelaide, South Australia, ALP
Senator Nita Green	Queensland, ALP
Ms Celia Hammond MP	Curtin, Western Australia, LP
Senator Nick McKim	Tasmania, AG
Senator David Van	Victoria, LP
Dr Anne Webster	Mallee, Victoria, Nats

Secretariat[1]

Anita Coles, Committee Secretary

Zoe Hutchinson, Principal Research Officer

Cristy Clark, Principal Research Officer

Charlotte Fletcher, Principal Research Officer

Laura Sweeney, Principal Research Officer

Andrew McIntyre, Senior Research Officer

Stephanie Lum, Legislative Research Officer

External legal adviser

Associate Professor Jacqueline Mowbray

PO Box 6100

Parliament House

Canberra ACT 2600

Phone: 02 6277 3823

Fax: 02 6277 5767

Email: human.rights@aph.gov.au

Website: http://www.aph.gov.au/joint_humanrights/

Committee information

Under the Human Rights (Parliamentary Scrutiny) Act 2011 (the Act), the committee is required to examine bills, Acts and legislative instruments for compatibility with human rights, and report its findings to both Houses of the Parliament. The committee may also inquire into and report on any human rights matters referred to it by the Attorney-General.

The committee assesses legislation against the human rights contained in the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR); as well as five other treaties relating to particular groups and subject matter.[2] A description of the rights most commonly arising in legislation examined by the committee is available on the committee's website.[3]

The establishment of the committee builds on Parliament's established tradition of legislative scrutiny. The committee's scrutiny of legislation is undertaken as an assessment against Australia's international human rights obligations, to enhance understanding of and respect for human rights in Australia and ensure attention is given to human rights issues in legislative and policy development.

Some human rights obligations are absolute under international law. However, in relation to most human rights, prescribed limitations on the enjoyment of a right may be permissible under international law if certain requirements are met. Accordingly, a focus of the committee's reports is to determine whether any limitation of a human right identified in proposed legislation is permissible. A measure that limits a right must be prescribed by law; be in pursuit of a legitimate objective; be rationally connected to its stated objective; and be a proportionate way to achieve that objective (the limitation criteria). These four criteria provide the analytical framework for the committee.

A statement of compatibility for a measure limiting a right must provide a detailed and evidence-based assessment of the measure against the limitation criteria.

Where legislation raises human rights concerns, the committee's usual approach is to seek a response from the legislation proponent, or draw the matter to the attention of the proponent and the Parliament on an advice-only basis.

More information on the committee's analytical framework and approach to human rights scrutiny of legislation is contained in Guidance Note 1, a copy of which is available on the committee's website.[4]

Navigation: Contents | Next Page