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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.
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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