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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 12 to 14
March 2013 and select legislative instruments registered with the Federal
Register of Legislative Instruments (FRLI) during the period 17 to 20 December
2012.
Bills
introduced 12 to 14 March 2013
The
committee considered 24 bills, all of which were introduced with a statement of
compatibility. Twelve of the bills considered do not require further scrutiny
as they do not appear to give rise to human rights concerns. The committee has
identified 12 bills that it considers require further examination and for which
it will seek further information.
Select instruments registered between 17 to 20 December
2012
The committee considered the following four legislative
instruments that were deferred for further consideration:
- Radiocommunications (Field Trial by Corrective Services NSW of
PMTS Jamming Devices at Lithgow Correctional Centre) Exemption Determination
2012;
- Social Security (Actuarial Certificate - Life Expectancy Income
Stream Guidelines) Determination 2012;
- Social Security (Actuarial Certificate - Lifetime Income Stream
Guidelines) Determination 2012;
- Work Health and Safety Act 2011 (application to Defence
activities and Defence members) Declaration 2012.
The committee is seeking further information in relation to these
instruments before forming a view about their compatibility.
Issues arising
A number of the bills considered by the committee in this
report have led it to reflect on some fundamental principles with regard to its
role in the scrutiny of legislation.
Timetable for the
consideration of bills
The committee considers that
the timetable for the consideration of legislation should allow sufficient time
for the Parliament to examine draft legislation in some detail.[1]
The committee notes that article 25 of the International Covenant on Civil and
Political Rights guarantees the rights of citizens to participate in government
through their elected representatives. A fundamental premise of the Human
Rights (Parliamentary) Scrutiny Act 2011 is that the examination of draft
legislation for human rights compatibility is an important component of the
Australian Human Rights Framework, and that the role of the committee is not a
purely formal one or intended to be primarily after-the-event commentary on
legislation.
Early release of comments
The committee determined to
release its comments early on six of the bills[2]
in this report to give other parliamentary committees the benefit of these
comments prior to the conclusion of their inquiries. These bills, which make up
a package of bills on media reform, were referred to the Senate Environment and
Communications Legislation Committee and the House of Representatives
Infrastructure and Communications Committee. The subject matter of the bills is
also the subject of an inquiry by the Joint Select Committee on Broadcasting
Legislation established on 14 March 2013.
The committee has determined that I should draw attention to
these issues in my tabling statement.
Mr Harry Jenkins MP
Chair
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