Josh Burns (Macnamara, Australian Labor Party) Share this | Hansard source

On behalf of the Parliamentary Joint Committee on Human Rights, I present the committee's report incorporating dissenting reports, entitled Inquiry into Australia's human rights framework.

Report made a parliamentary paper in accordance with standing order 39(e).

by leave—I'm pleased to table the Parliamentary Joint Committee on Human Rights's inquiry report into Australia's human rights framework. In March last year, the Attorney-General tasked our committee with reviewing the scope and effectiveness of Australia's 2010 human rights framework. This framework aimed to improve and promote human rights in Australia, but it was largely abandoned following the change of government.

Much of the focus of our inquiry has been on whether, as part of revitalising Australia's women rights framework, Australia should enact a federal human rights act. The committee received 335 submissions and over 4,000 form and campaign letters. We held six public hearings, during which we heard evidence from a range of community groups, religious organisations, government bodies and experts. Submissions were overwhelmingly in favour of the introduction of a human rights act, with only four per cent opposed.

The committee considers our current piecemeal approach is inadequate to properly protect and promote rights in Australia. We need human rights to be made real in everyday decision-making. Numerous royal commissions have shown us what happens when officials, both elected and unelected, fail to properly consider the effect of government actions on the rights of vulnerable people. That is why the committee has recommended the establishment of a statutory federal human rights act as part of a revitalised human rights framework.

Australia is the only liberal democracy without a bill or charter—the only one. Victoria, Queensland and the ACT all have current existing human rights acts or charters.

The committee does not agree that rights protection should sit within the Constitution, as is the case with a bill of rights. The committee's proposed statutory model respects parliamentary sovereignty and ensures our elected representatives can continue to make the laws that parliament deems necessary. But with a human rights act in place, the federal parliament would need to expressly consider rights when making laws. And the Commonwealth public authorities, including government departments, would need to consider rights when making decisions and act compatibly with those rights unless parliament specifically directs them otherwise.

I reject the notion that a human rights act risks politicising the judiciary and opening the floodgates to litigation. Evidence from other jurisdictions with human rights acts, both within Australia and internationally, is that the floodgates have not opened. Under this proposed model, most complaints would be settled through conciliation. In the small number of cases that get to the courts, judges would need to consider the application of the law. This is something that our courts do every single day. Judges would not be able to strike down any laws on our books. The committee has attached to our report a draft human rights bill. This is not intended to dictate what a human rights act should look like if adopted, but it is intended to help promote understanding of the proposed model.

In our extensive report, the committee has made 17 detailed recommendations to better protect human rights. Simply having a human rights act will not be enough to achieve human rights protection; we also need a greater understanding of human rights right across the community and, importantly, across the Public Service. I believe that one of the main benefits of a human rights act will be to drive a human rights culture within the Public Service so that those who serve us have a clear framework to consider and balance the rights and freedoms of everyday people when making decisions and developing laws and policies that affect us all. It is also important to note that a federal human rights act could have no direct impact on matters governed by the states or territories, such as policing, prisons, housing or child welfare. The hope is that, over time, progress would be made towards all states and territories joining Victoria, Queensland and the ACT in having their own human rights acts to ensure that all Australians receive the same human rights protections.

I thank the Attorney-General for referring this important inquiry to us, and urge the government to give serious consideration to the evidence received by the committee and our detailed recommendations. I also want to acknowledge the substantial work of the Australian Human Rights Commission. The commission's proposal for a statutory human rights act has been the foundation on which this committee's recommendation on this point has been built. They have provided momentum and effort, and guidance and expertise, and I thank all of the members of the commission for their work.

I would also like to thank the hundreds of individuals, organisations and experts who generously gave of their time to contribute to this inquiry; it was the very best of Australian civil society. Australia is well served by our vibrant and tireless civil society activists, who give thought and dedication to the future of our democracy and our country. I would like to thank both deputy chairs who participated in this inquiry—firstly, the member for Bowman, who sits in this chamber, for the fantastic way in which he collaborated and worked with the committee and myself. I really do appreciate it. Obviously, we had some policy differences but, on the whole, it was an extremely consultative and collaborative process, and I thank him for his efforts. And I also acknowledge the member for Monash, who began this inquiry as the deputy chair as well. I want acknowledge my fellow committee members who were participants in this important inquiry, who gave effort, expertise and engagement in a way that was the very best of our parliamentary committee processes. I thank them all for their engagement on this.

I would like to thank the committee secretariat. The Human Rights Committee is made up of some of the finest public servants in this building; they are all experts on human rights law, and they even make us look half competent! They have put an enormous amount of work into this inquiry. They have brought their years of expertise in this place, and I believe some of them may even be in the chamber right now. They are outstanding civil servants and they should be proud of this report as well.

I also wish to acknowledge the dedication and commitment of our former committee colleague, the late Peta Murphy MP. Peta was a passionate advocate of the need for an Australian human rights act. She mentioned it in her first speech. Peta became a member of the committee to participate in this very inquiry, and her insightful and incisive questions during the public hearings helped shape the evidence that the committee received and helped shape a number of the committee's important recommendations. I'm saddened that she's not here today. I think she would have been proud of this report.

I encourage the government and all members to consider the committee's report closely. It is time that Australia updated its human rights framework. We have a strong record of human rights protections, but there are gaps. There are improvements that need to be made. Australia, as a liberal democracy, is the only country that doesn't have a human rights act, and I think that should change. I commend the committee's inquiry into Australia's human rights framework and its report to this House.

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