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National Human Rights Consultation Report

Thu Oct 08 2009

Attorney-General Robert McClelland today released the much anticipated report of the National Human Rights Consultation Committee.� The report recommends that:

  • Australia should adopt a federal Human Rights Act or amend the Acts Interpretation Act 1901 (Cth) requiring all federal legislation to be interpreted in a way that is consistent with Australia’s human rights obligations;�

  • a Joint Committee on Human Rights should be established to review all Bills and relevant legislative instruments for compliance with Australia’s human rights obligations;

  • there should be a statement of compatibility for all Bills as introduced into the Australian Parliament, and at the third reading stage (so as to allow scrutiny of amendments) as well as legislative instruments as defined by the _Legislative Instruments Act 2003 (_Cth); and

  • an enhanced role for the Australian Human Rights Commission.

The committee recommends that any federal Human Rights Act extend to the High Court the power to make a "declaration of incompatibility" but if this should prove to be "impractical" it makes the alternative recommendation that "any federal Human Rights Act not extend to courts the formal power to make a declaration of incompatibility".

In his speech at the public release of the report, the attorney-general has said that the government will consider the recommendations carefully.

The report has been welcomed by the Law Council of Australia, the Public Interest Advocacy Centre, the Australian Human Rights Commission and others.

8 October 2009

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