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Submissions - Charter of Rights
The Australian Government has tasked the Australian Public Service Commission to revise the Australian Public Service Values (APS Values) to a ‘smaller set of core values that are meaningful, memorable and effective in driving change’. Among other considerations, this revision should seek to ‘affirm the importance of including consideration of human rights issues in policy [...]
Respect for human rights is the foundation of a community that is fair, just, cohesive and inclusive. The promotion and protection of human rights should be a key priority for the next Australian Government.
On the international stage, Australia has a proud bipartisan history in the development of human rights laws and institutions. At home, the [...]
Australia is to be reviewed by the UN Human Rights Council through the Universal Periodic Review process in January 2011.
A coalition of 68 NGOs - coordinated by the Human Rights Law Resource Centre, Kingsford Legal Centre and the National Association of Community Legal Centres - has submitted a 5 page Report to the UN Human Rights Council on [...]
On 2 April 2009, the UN Human Rights Committee adopted Concluding Observations in respect of Australia’s compliance with its obligations under the International Covenant on Civil and Political Rights.
On 6 July 2010, the Human Rights Law Resource Centre made a Follow-Up Submission on Implementation of the Human Rights Committee’s Concluding Observations on Australia. The submission updates [...]
On 18 June 2010, the Centre made a Submission to the Office of Police Integrity inquiry into the investigation of deaths associated with police contact. The HRLRC submitted that in order to discharge its obligations under the Victorian Charter, the Government needs to establish a human rights-compliant framework for the investigation of deaths associated with [...]
On 2 June 2010, the Attorney-General introduced the Human Rights (Parliamentary Scrutiny) Bill 2010 and the Human Rights (Parliamentary Scrutiny) (Consequential Provisions) Bill 2010 in the House of Representatives. The Bills comprise key elements of the Government’s new ‘Human Rights Framework’ and have been referred by the Senate to the Legal and Constitutional Affairs Legislation [...]
On 2 June 2010, the Attorney-General introduced the Human Rights (Parliamentary Scrutiny) Bill 2010, a key element of the Government’s new ‘Human Rights Framework’, in the House of Representatives.
The Bill establishes a Joint Parliamentary Committee on Human Rights, to be comprised of five members of the House of Representatives and five Senators, with two primary [...]
The excessive use of force by police or inhumane treatment of persons in police custody undermines the integrity of a State’s operations. It also breaches the right to life and the right to freedom from torture and cruel, inhuman and degrading treatment (ill-treatment) which are protected by ss 9 and 10 of the Victorian Charter.
The [...]
The legal obligation to respect, protect and fulfil human rights applies to all arms of government – legislative, executive and judicial – and directly engages the parliament.
Notwithstanding Australia’s international legal obligations, however, the Commonwealth has not established formal domestic mechanisms to ensure comprehensive parliamentary scrutiny of human rights.
On 5 March 2010, therefore, the Centre made [...]
The Severe Substance Dependence Treatment Bill 2009 (Vic), currently before Victorian Parliament, proposes to introduce short-term involuntary detention and treatment for persons with severe substance dependence in circumstances where it is necessary as a matter of urgency to save a person’s life or prevent serious damage to a person’s health.
The Human Rights Law Resource Centre [...]
On 15 December 2009, the Victorian Government passed new Regulations that declare the Adult Parole Board, the Youth Residential Board, and the Youth Parole Board (the Parole Boards) not to be “public authorities” for the purposes of the Charter of Human Rights and Responsibilities (the Victorian Charter). The effect of the Regulations is to allow [...]
On 8 October 2009 the National Human Rights Consultation Committee recommended that Australia enact a Human Rights Act. However, although the Consultation clearly demonstrated the right to adequate housing, health care and education are the ‘rights that matter most’ to Australians, the Committee further recommended that, if an Australian Human Rights Act enshrines social and [...]
The Victorian Government has introduced the Summary Offences and Control of Weapons Acts Amendment Bill, which will provide police with broad new powers to randomly search people in designated areas without any requirement that police officers have a reasonable suspicion of wrongdoing; to strip search people pre-arrest; and to move people on the basis of a [...]
The ACT Government conducted an inquiry into the operation of the ACT Human Rights Act (the HR Act), and particularly sought input into the debate on protecting economic, social and cultural rights (ESC rights) within the HR Act. The HRLRC made a submission to the inquiry, arguing that all ESC rights in the International Covenant [...]
On 10 July 2009, the Centre and the Public Interest Law Clearing House made a joint submission to the Victorian Scrutiny of Acts and Regulations Committee Inquiry into Exceptions and Exemptions under the Equal Opportunity Act 1995 (Vic), entitled Eliminating Discrimination and Ensuring Substantive Equality.
Permanent Exceptions
PILCH and the HRLRC submit that the permanent exceptions to [...]
On 1 July 2009, the Centre made a submission to the Standing Committee on Procedure Inquiry into the effectiveness of House Committees, entitled Human Rights and Parliamentary Scrutiny.
The submission focuses on the second and fourth of the Committee’s Terms of Reference namely, ‘the type of work being undertaken by committees’ and ‘the powers and operations [...]
On 29 June 2009, the Human Rights Law Resource Centre made a short submission to the Victorian Law Reform Commission’s inquiry into Surveillance in Public Places entitled Surveillance in Public Places: A Human Rights Perspective. Its primary recommendation is that the Victorian Law Reform Commission’s draft principles to guide public place surveillance be amended to [...]
On 15 May 2009, the Human Rights Law Resource Centre made a submission to the National Human Rights Consultation entitled, A Human Rights Act for All Australians [PDF] [Word]. The submission calls for the enactment of a comprehensive Human Rights Act to enhance our democracy and protect fundamental values such as freedom, respect, dignity and [...]
On 3 June 2009, the Human Rights Law Resource Centre made a supplementary submission to the National Human Rights Consultation.
The submission is in the form of a Memorandum of Advice from Brian Walters SC and Alastair Pound of Counsel commissioned by the Centre in relation to the relationship between a national Human Rights Act and a [...]
On 24 April 2009, the Human Rights Law Resource Centre made a submission to the National Human Rights Consultation entitled Engage, Educate, Empower: Measures to Promote and Protect Human Rights [PDF] [Word].
The Engage, Educate, Empower submission considers a range of measures to strengthen the protection and promotion of human rights in Australia and responds primarily to the [...]
In February 2009, the HRLRC made a Submission in response to a Corrections Regulations Exposure Draft 2009 (Vic) released by Corrections Victoria. The current Corrections Regulations 1998 are due to sunset in May 2009. The Proposed Regulations, together with a Regulatory Impact Statement, were released for public comment on 22 January 2009.
The submission addresses aspects of [...]
The Victorian Department of Justice, in conjunction with the Standing Committee of Attorneys-General, recently announced that it was working on a national model Bill for a spent convictions scheme and invited the HRLRC to make a submission in relation to a draft Bill. The purpose of a spent convictions scheme is broadly to limit the [...]
In April 2008 the Victorian Parliament Law Reform Committee released an issues paper calling for public submissions into its inquiry on vexatious litigants. The terms of reference for this inquiry included an examination of the efficacy of current vexatious litigant legislation. Since 1928 only 14 people have been declared vexatious litigants in Victoria.
The Centre, together with [...]
On 1 August 2007, the Human Rights Law Resource Centre made a submission, entitled Fostering a Human Rights Culture, to the Consultation Committee for the Proposed Western Australian Human Rights Act.
The submission was prepared with substantial input from Allens Arthur Robinson, one of Australia’s leading commercial law firms.
On 20 December 2007, the Consultation Committee released [...]
On 21 December 2006, the Centre made a submission to the Victorian Law Reform Commission Civil Justice Review entitled, The Right to a Fair Hearing: The Relevance of the Charter of Human Rights and Responsibilities Act 2006 (Vic) to Civil Justice.
The submission considers the impact that the Victorian Charter, specifically the right to a ‘fair hearing’ [...]
In November 2006, the Human Rights Law Resource Centre and Blake Dawson Waldron made a joint submission to the Victorian Law Reform Commission Civil Justice Review, entitled ‘Why are Non-Parties Non-Starters? A Call for Clearer Procedures and Guidelines for Amicus Curiae Applications in Victoria’.
The submission sets out:
the distinction between amici curiae, interveners and other non-parties; [...]
On 29 November 2006, the HRLRC, with the substantial pro bono assistance of Allens Arthur Robinson, made a submission to the Tasmanian Law Reform Institute inquiry into the need for a Charter of Rights in Tasmania.
On 12 October 2007, the Tasmanian Law Reform Institute published its Report on A Charter of Rights for Tasmania.
The Report, [...]
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