Executive Summary

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Executive Summary

This report provides the Parliamentary Joint Committee on Human Rights' view on the compatibility with human rights (as defined in the Human Rights (Parliamentary Scrutiny) Act 2011) of bills introduced into the Parliament during the period 19  to 29 November 2012 and legislative instruments registered with the Federal Register of Legislative Instruments (FRLI) during the period 17 November 2012 to 4 January 2013.

Bills introduced 19 to 29 November 2012

The committee considered 30 bills introduced during the period 19 to 29 November 2012. All bills were introduced with a statement of compatibility. Fifteen of the bills considered do not require further scrutiny as they do not appear to give rise to any human rights concerns. The committee has identified 14 bills that it considers require further examination and will write to the proponents of the bills seeking further information.

The committee has decided to defer its consideration of the Native Title Amendment Bill 2012. This bill is currently the subject of inquiry by the Senate Legal and Constitutional Affairs Legislation Committee and the House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs. The committee proposes to take account of evidence placed before these committees where it is relevant to the consideration of human rights concerns raised by the bill.

Instruments registered between 17 November 2012 and 4 January 2013

The committee considered 294 legislative instruments registered with the Federal Register of Legislative Instruments (FRLI) between 17 November 2102 and 4 January 2013. The full list of instruments scrutinised by the committee can be found in Appendix 1.

There were 164 instruments that did not appear to raise any issues of incompatibility with human rights and which were accompanied by statements of compatibility that are adequate. The committee is seeking further information from the relevant Minister in relation to 13 instruments before forming a view about their compatibility with human rights, and is considering one instrument as part of the package of legislation relating to the Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012.

The remaining 116 instruments did not appear to raise any issues of incompatibility but were accompanied by statements of compatibility that do not fully meet the committee's expectations. As the instruments in question do not appear to raise human rights compatibility concerns, the committee proposes to write to the relevant Ministers in a purely advisory capacity providing guidance on the preparation of statements of compatibility.  The committee hopes that this approach will assist in the preparation of future statements of compatibility that conform more closely to the committee's expectations.

Ministerial responses

The committee considered twelve ministerial responses to comments made in various previous reports and has concluded its examination of this legislation.

Issues arising

The committee has noted a number of recurring issues in the bills it has considered in this report, notably the trend toward standardised civil penalty regimes and a tendency not to itemise and justify individual absolute and strict liability provisions. The committee has determined that I should draw attention to each of these issues in my tabling statement.

 

Mr Harry Jenkins MP
Chair

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