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Australia's First Bill of Rights

ACTHRA PROJECT: Assessing the impact of the ACT HUMAN RIGHTS ACT 2004

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What you will find on this page:

A National Charter of Rights: Overview and News

The new Labor government has promised to initiate a 'national conversation' about a bill of rights. Attorney-General Robert McClelland has stated that he would like to sign an un-entrenched charter of rights within the government's first term, but will begin with nationwide consultations.

We will report new developments and media commentary here as they arise.

 

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New! Final Report of the National Human Rights Conlsultation Committee released by Attorney-General Robert McClelland

8 October 2009

 

The Final Report*

* also available from the National Human Rights Conlsutation website.

 

CONTENTS

PART ONE: Introduction

  1. The Consultation: an overview [pdf] available in [doc]
  2. The community's views [pdf] available in [doc]
  3. Rights and responsibilities [pdf] available in [doc]

PART TWO: Rights and responsibilities in Australia

  1. Which rights and responsibilities? [pdf] available in [doc]
  2. Are human rights adequately protected and promoted? [pdf] available in [doc]

PART THREE: Reform options

  1. Creating a human rights culture [pdf] available in [doc]
  2. Human rights in policy and legislation [pdf] available in [doc]
  3. Human rights in practice [pdf] available in [doc]
  4. Human rights and Indigenous Australians [pdf] available in [doc]

PART FOUR: A Human Rights Act?

  1. Bill of rights debates: a historical overview [pdf] available in [doc]
  2. Statutory models of human rights protection: a comparison [pdf] available in [doc]
  3. The case for a Human Rights Act [pdf] available in [doc]
  4. The case against a Human Rights Act [pdf] available in [doc]
  5. Practical consideration for a Human Rights Act [pdf] available in [doc]

PART FIVE: The way forward

  1. The Committee's findings [pdf] available in [doc]

APPENDIXES

  1. Terms of Reference [pdf] available in [doc]
  2. Colmar Brunton community research report: summary [pdf] available in [doc]
  3. Colmar Brunton devolved consultation report: summary [pdf] available in [doc]
  4. The Allen Consulting Group report [pdf] available in [doc]
  5. The Solicitor-General's advuce [pdf] available in [doc]
  6. The public hearings [pdf] available in [doc]
  7. Community roundtables [pdf] available in [doc]
  8. Statistics [pdf] available in [doc]

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National Human Rights Consultation Submits Report to Attorney-General Robert McLelland

30 September 2009

Official Press Statement by Attorney-General Robert McLelland [pdf] (30 September 2009)

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Copies of Speakers Presentation at the National Human Rights Consultation Public Hearing, 1-3 July*

20 July 2009

* from the National Human Rights Consultation Website..

Update: Videos of the Public Hearings now available.

 

DAY ONE :

Session: An overview of those who miss out and fall through the cracks of a fair go for all

  • Mr Bill Mitchell, Convenor of the Human Rights Network - Speech [pdf]
  • Ms Jacqueline Phillips, Policy Officer, Australian Council of Social Services - Speech [pdf]
  • Professor Stuart Rees AM, Director, Sydney Peace Foundation - Speech [pdf]

Session: The human face of those who miss out

  • Ms Rosemary Kayess, Acting Director, Sisabilities Studies Centre - Speech [pdf]
  • Professor Ian Webster AO, Former Chairman, Alcohol Education and Rehabilitation Foundation - Speech [pdf]

Session: The hot button issues

  • Mr Neil Francis, CEO, Dying with Dignity Victoria - Speech [pdf]
  • Ms Rita Joseph, Lecturer, Institute on Family Policy and Politics - Speech [pdf]
  • Mr Rodney Croome AM, Campaign Coordinator, Australian Marriage Equity Speech [pdf]
  • The Rt. Reverend Robert Forsyth, Bishop of South Sydney - Speech [pdf]

Session: The human rights concerns that come to our attention and how we deal with them.

  • Dr Helen Watchirs, Commissioner, ACT Human Rights Commission - Speech [pdf]

Session: A view to children's rights

  • Ms Tiffany Overall, Spokesperson, Chidlren's Rights Taskforce - Speech [pdf]

 

DAY TWO:

Session: The political case in Australia

  • The Hon. Susan Ryan AO, Former Senator, Australian Capital Territory - Speech [pdf]

Session: The Great Debate - Does Australia need a charter of human rights?

  • The Hon. Catherine Branson QC, President, Australian Human Rights Commission - Speech [pdf]Mr Edward Santow, Director, Gilbert and Tobin Centre of Public Law - Speech [pdf]

 

DAY THREE:

Session: Parliamentary scruting - the view from the hill

  • Reverend Fr. The Hon. Michael Tate AO, Former Federal Minister of Justice - Speech [pdf]
  • Mr. Harry Evans, Clerk of the Senate - Speech [pdf]

Session: Developing a culture of human rights: education, public awareness and active citizenship

  • Ms Claire Mallinson, National Director, Amnesty International - Speech [pdf]
  • Mr Phil Lynch, Director, Human Rights Legal Resource Centre - Submission [pdf]

 

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Key Submissions to the National Human Rights Consultation (July 2009)

July 2009

Key Submissions*

  • ACTHRA [pdf] [word]
  • ACT Human Rights Commission [pdf]
  • ACT Attorney - General [pdf]
  • Amnesty International Australia [pdf]
  • Anglican Church of Australia, General Synod [pdf]
  • Anne Twomy [pdf]
  • ANU National Centre for Indigenous Studies [pdf]
  • Anti-Discrimination Commission, Queensland [pdf]
  • Australian Centre for Human Rights Education at RMIT [pdf]
  • Australian Human Rights Commission [pdf]
  • Australian Human Rights Group [pdf]
  • Australian Lawyers Alliance [pdf]
  • Australian Lawyers for Human Rights [pdf]
  • Australian Lawyers for Human Rights, International Section [pdf]
  • Australian Association of Women Judges [pdf]
  • Australian Local Government Association [pdf]
  • Australian Network of Environment Defenders Officers [pdf]
  • Castan Centre for Human Rights Law [pdf]
  • Dr. Ben Saul [pdf]
  • Federation of Community Legal Centres [pdf]
  • George Williams [pdf]
  • Human Rights Act for Australia Campaign
  • Human Rights Council of Australia [pdf]
  • Human Rights Law Resource Centre [pdf]
    • Supplementary Submission [pdf]
  • James Stellios [pdf]
  • James Stellios & Dr. Amelia Simpson [pdf]
  • Law Council of Australia [pdf]
  • Law Institute of Victoria [pdf]
  • Law Society of New South Wales [pdf]
  • Liberty Victoria [pdf]
  • Mallesons Stephen Jaques Human Rights Law Group [pdf]
  • Merkel QC, Ron and Pound, Alastair [pdf]
  • New Matilda Campaign [pdf]
  • NSW Council for Civil Liberties Submission [pdf]
  • Penelope Matthews [pdf]
  • PILCH Homeless Persons' Legal Clinic [pdf] and Annexure of Homeless Persons' Views [pdf]
  • Police Federation of Australia [pdf]
  • Public Interest Advocacy Centre [pdf]
  • Public Interest Law Clearing House [pdf]
  • Santow, Edward, Director of the Charter of Human Rights Project at the Gilbert + Tobin Centre for Public Law, UNSW [pdf]
  • SCALES Community Legal Centre [pdf]
  • Senator the Hon. George Brandis SC, on behalf of the Federal Opposition [pdf]
  • Simon Rice [pdf]
  • Susan Harris Rimmer [pdf]
  • Uniting Church in Australia [pdf]
  • University of Oxford Pro Bono Publico [pdf]
  • UN Office of the High Commissioner for Human Rights [pdf]
  • UN Special Representative on Business and Human Rights, Professor John Ruggie [pdf]
  • Victorian Bar [pdf]
  • Victorian Equal Opportunity and Human Rights Commission [pdf]
  • Victorian Government [pdf]
  • Whole Health Australia [pdf]
  • Wirringa Baya Aboriginal Women's Legal Centre [pdf]
  • Zifcak, Spencer and King, Alison [pdf]

*More submissions available from the National Human Rights Consultation website. Click here.

 

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Panel Announced for National Consultation

On 10 December 2008, Attorney-General Robert McClelland announced the panel for a national consultation on human rights in a speech before the United Nations Association of Australia in Sydney.

In his address the Attorney-General named Jesuit priest Father Frank Brennan AO a Professor of Law at the Australian Catholic University and Visiting Professorial Fellow at the University of New South Wales as Chairperson. Father Brennan will be joined by Former Commissioner of the Australian Federal Police, Mick Palmer; Journalist Mary Kostakidis; and, Queensland Barrister Tammy Williams.

The Attorney-General also commented on the role of public submissions to the Consultation process stating that;

“The contributions of the Australian community will be critical to the success of this consultation process. The Committee’s job is to seek the Australian community’s views about three fundamental questions:

  • which human rights and responsibilities should be protected and promoted?
  • are these human rights currently being sufficiently protected and promoted? and
  • how could Australia better protect and promote human rights?”

Attorney-General Full address [pdf], [word]

Related websites:

The Official National Human Rights Consultation website - www.humanrightsconsultation.gov.au

  • For information on the consultation process and terms of reference, personnel and events, and on how to make submissions

Get Up! Action for Australia National Human Rights Consultation website - www.getup.org.au/campaign/rights/407

  • Get Up! is an independent advocacy organisation, and the above website is aimed at helping ordinary Australians take part in the consultation process

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Federal Budget allocation for national consultation

The federal budget announced on 13 May 2008 makes a specific allocation of $2.099 million in funding within the Attorney General's Department for a national consultation on human rights, and specifies a consultation as a Departmental priority for 2008/2009. See p 19 and 28 of the Attorney General's budget statement here

Budget Paper No 2 provides further that:

"The Government will provide $2.8 million over two years from 2007/08 to facilitate national public consultations about the recognition and protection of human rights and the recognition of civil responsibilities. The consultation process will also facilitate discussion of possible frameworks to address these issues. The cost of this measure will be met from within the existing resourcing of the Attorney General's Department."

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2020 Summit

The 2020 Summit of 19-20 April 2008 brought together 1000 participants to contribute ideas to help shape a long term strategy for the nation’s future. The Summit panels on 'Australian governance' (report p32) and 'strengthening communities and supporting working families' (report p23) both gave strong support to a legislative charter of rights at national level.

Initial Report from the 2020 Summit [pdf] [word version]
Summit website

#Note - members of the governance stream have reported that the Initial Report (which was prepared before the Summit concluded on the Sunday) did not accurately capture the full recomendations of the group. The full text of the agreed recommendations is available here: [pdf] [word]. It is hoped that these omissions will be corrected in the final report. See also Jack Waterford's article

The Prime Minister has responded to the summit recommendations noting that:

“Well, on the question of a charter of rights, there is already, I believe, an investigation called for by the Labor Party through its last platform on that. And that’s the best way forward because there are conflicting views as to what a charter of rights, a legislative charter of rights, does and what it doesn’t do, and what its impacts might be. So, open mind on that. And there is already some investigatory work underway”

Interview with Karen Middleton, SBS TV News, 20 April 2008.

The Summit also became a focus for heated media debate about a national charter. Full text of newspaper articles are available below.

Media

2009

November

October

September

August

July

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May

April

March

February

January

2008

December

November

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June

May

April

March

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2007

Media reports prior to the 2007 federal election

[For other relevant media articles prior to 1 September 2007, please see the general News site]

Other

 

Attorney-General's Non-Government Organisation Forum on Domestic Human Rights, Background Paper: Human Rights Matters [pdf], Canberra, 14 August 2009 [word]

Transcript from Legal and Constitutional Affairs Committee, 20 October 2008 (discussion on the human rights consultation)