Budget 2010–11: Legal
issues and the Attorney-General’s portfolio
Australian human rights framework
Diane
Spooner
The Government is going to provide $18.3 million over four years
to implement a new framework for the ‘protection and
promotion’ of human rights in Australia.[1]
On 30 September 2009, the Report on the Consultation into Human
Rights in Australia (the Report) was presented to the
Attorney-General by Father Frank Brennan AO. The Report contained
31 recommendations to Government; including that Australia adopt a
federal Human Rights Act.[2] According to the statistics
provided in Appendix H of the Report, 27 888 submissions were in
favour of a Human Rights Act, and 4 203 were against.
In its response to the Report, Australian Human Rights Framework
(the Framework), the Attorney-General, Robert McClelland in his
Foreword states:
The Framework does not include a Human Rights
Act or Charter. While there is overwhelming support of human rights
in our community, many Australians remain concerned about the
possible consequences of such an Act. The Government believes that
the enhancement of human rights should be done in a way that as far
as possible unites, rather than divides, our community. The
Government is committed to positive and practical change to promote
and protect human rights. Advancing the cause of human rights in
Australia would not be served by an approach that is divisive or
creates an atmosphere of uncertainty or suspicion in the
community.[3]
The first and key recommendation of the Report was that
education be the highest priority for improving and promoting human
rights in Australia, and this is reflected in the
Government’s response in the Budget. The $18.3 million will
go towards targeted education measures, increased parliamentary
scrutiny, consolidated anti-discrimination laws and a National
Action Plan on Human Rights.[4]
The Government will provide funding of $2 million over the
next four years to non-government organisations for the development
and delivery of human rights education and engagement programs for
the community. The Government will also provide an additional
$6.6 million over four years to the Australian Human Rights
Commission to enable it to expand its community education role and
to provide information and support for human rights education
programs.
In relation to increased Parliamentary scrutiny, the Framework
proposes a statutory Parliamentary Joint Committee on Human Rights
which will scrutinise Bills, and the Government also intends to
legislate that each new bill and piece of delegated legislation
subject to disallowance will be accompanied by a statement which
assesses the proposed legislation for human rights compatibility.
There is little detail on the funding of a new Joint Committee, but
the Senate Scrutiny of Bills Committee has deferred its inquiry and
report into the future direction and role of itself until
‘after the introduction of legislation to establish the
proposed Parliamentary Joint Committee on Human
Rights’.[5]
[1]. Australian Government, Budget
measures: budget paper no. 2: 2010–11:
Attorney-General’s Portfolio, Commonwealth of Australia,
Canberra, 2010, p. 94.
[2]. F
Brennan, National Human Rights Consultation Report,
September 2009, recommendation 18, p. xxxiv, viewed 18 May 2010,
http://www.humanrightsconsultation.gov.au/www/nhrcc/RWPAttach.nsf/VAP/(4CA02151F94FFB778ADAEC2E6EA8653D)~NHRC+Report+(Recommendations).pdf/$file/NHRC+Report+(Recommendations).pdf
[3].
Australian Government, R McClelland (Attorney-General),
Australia’s Human Rights Framework, foreword, April
2010, p. 1, viewed 18 May 2010,
http://www.ag.gov.au/www/agd/rwpattach.nsf/VAP/(3A6790B96C927794AF1031D9395C5C20)~Human+Rights+Framework.pdf/$file/Human+Rights+Framework.pdf.
[4]. Budget Measures, op cit., p. 94.
[5].
Senator Coonan, Interim Report of the Standing Committee for
the Scrutiny of Bills, Senate, 12 May 2010, p. 76,
http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22chamber%2Fhansards%2F2010-05-12%2F0185%22.
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