Australian Lawyers for Human Rights (ALHR)

Congratulations are in order! The National Human Rights Consultation Report has recommended a federal Human Rights Act! You can find the full report and recommendations here: http://ag.gov.au/www/agd/agd.nsf/Page/Publications_NationalHumanRightsConsultationReport. Now is the time to put pressure on the government to accept the recommendations. The AHRG, of which ALHR is a member, has adopted the campaign: *Let*s Act on it. Australia has spoken: give us a Human Rights Act.* Highlights include the following recommendations: - A Federal Human Rights Act with the following features: Individuals would have an independent cause of action against a Federal public authority for a breach of human rights. This means that people could sue government bodies for breaching their human rights and would be entitled to a number of remedies, including damages, if successful (this would not be available for breaches of economic social and cultural rights). Certain economic, social and cultural rights should ideally be included, specifically the rights to health, an adequate standard of living, and education (the report does not rule out the inclusion of other economic, social and cultural rights). - Bills introduced by parliament would be accompanied by a statement outlining the government*s opinion on whether the bill complies with human rights. - The courts would be empowered to interpret legislation so that it is compatible with human rights (and with parliament*s purpose of enacting the legislation). This would not apply to any economic, social and cultural rights included in the Act. - The High Court would have the power to make a declaration that a law breaches human rights. - It would extend to people who are overseas but subject to Australian jurisdiction. - Public authorities would be required to act in accordance with human rights, other than relevant economic social and cultural rights, and would take all rights (including economic, social and cultural rights) into consideration when making decisions. - A comprehensive national human rights education plan for schools, universities, the public sector and the wider community. - An audit of all Federal legislation to ascertain compliance with Australia*s international human rights obligations. - Greater powers for the Australia Human Rights Commission, including the power to conduct inquiries into government authorities, and to hear complaints regarding breaches of human rights. - A *statement of impact* on Aboriginal and Torres Straight Islander peoples accompany the enactment of any legislation relating to Indigenous peoples. - The amendment of the *Administrative Decisions Judicial Review Act* so that Australia*s International human rights obligations are a relevant consideration for government bodies and officials. - A number of initiatives aimed at reforming government including a parliamentary committee on human rights, a designated minister responsible for human rights, human rights action plans for Federal departments and agencies, and better integration of human rights into government policy and practice. Thanks to all ALHR members who helped in any way, whether it was speaking at an event, or assisting or writing your own or ALHR's submission. And Happy UN Day for 22 October. Now go have some champers!

ALHR made submissions to the Homelessness Legislation, Complementary Protection Bill and the National Security Discussion Paper, and is about to submit a submission on the disability and migration inquiry. Our ACT conveners are working on feedback to the ACT HRA review to encourage the inclusion of ESCR. Many thanks to James Farrell and Riley Power on our fine submission to the Homelessness legislation inquiry: http://www.aph.gov.au/house/committee/fchy/homelessness/subs/sub061.pdf

AGD asking for comments on the Human Rights Committee*s Concluding Observations on Australia*s appearance before the Committee under the International Covenant on Civil and Political Rights, which took place in March this year. AGD have invited ALHR to submit comments on the Concluding Observations and recommendations, and suggestions as to what follow-up action might be taken. Due by Monday 16 November 2009.