|
Navigation: Previous Page | Contents | Next Page
Australia
Council Bill 2013
Introduced into the House of
Representatives on 20 March 2013
Portfolio: Arts
Overview
1.16
This bill was
introduced together with the Australia Council (Consequential and Transitional
Provisions) Bill 2013.
1.17
The bill will
replace the Australia Council Act 1975, as recommended in the 2012
Review of the Australia Council. The proposed amendments are intended to
modernise the enabling legislation of the Australia Council by:
- updating for the
functions, powers and governance structure and arrangements of the Australia
Council;
- establishing a
governing board and providing for the terms and conditions of appointed board
members, procedures of the board, and enabling the board to establish
committees;
- providing for the
appointment of a Chief Executive Officer and staff and consultants;
- requiring an
annual corporate plan to be prepared;
- providing for
financial arrangements; and
- providing for
annual reporting requirements.
Compatibility with human
rights
1.18
The bill is
accompanied by a self-contained statement of compatibility which states that
the bill engages the right to culture, the right to freedom of expression and
the right to equality and non-discrimination. The statement concludes that the
bill is compatible with human rights.
Right
to culture
1.19
The statement of
compatibility notes that the bill engages and promotes the right to take part
in cultural life in article 15(1)(a) of the International Covenant on Economic,
Social and Cultural Rights (ICESCR) by conferring functions and powers on the
Australia Council to enable it to support and promote Australian arts practice.[1]
Right
to freedom of expression
1.20
The statement of
compatibility notes that several provisions in the bill also engage and promote
the right to freedom of expression in article 19 of the International Covenant
on Civil and Political Rights (ICCPR). The right to freedom of expression
protects expression through any medium, including the arts. The statement
explains:
This right
is promoted through the functions and powers of the Council under clauses 9 and
10 of the Bill, in that the Council supports artists to express themselves
through art by providing them with financial assistance to do so.
The right to
freedom of expression in the form of art is also promoted in the Bill under
paragraph 11(b) of the Bill through the requirement for the Council to consider
'the right of persons to freedom in the practice of the arts' in the
performance of its functions and the exercise of its powers. ... As an example,
the Council would be required, under paragraph 11(b) of the Bill to consider
the impact of the support it provides and the activities it undertakes on the
right to freedom in the practice of the arts, or, the right to freedom of
expression in the form of art. This may involve the right to freedom in the
practice of the arts being considered by the Council when making decisions on
the types of artistic works or projects that may be eligible for funding by the
Council.[2]
1.21
The
committee agrees that overall the bill promotes the right to culture and the
right to freedom of expression.
Right
to equality and non-discrimination
1.22
The Australia
Council’s functions under the bill regarding ‘Australian arts practice’
includes a definition of ‘Australian artist’ that is restricted to Australian
citizens and permanent residents.[3]
The statement of compatibility points out that this definition:
...
could be interpreted as an instance of a public authority differentiating on
the basis of residency status. Because the definition of 'Australian resident'
in the Bill does not include temporary or foreign residents, these could be
regarded as falling under the definition of 'other status' in Article 26
of the ICCPR.
1.23
Article 26 of
the ICCPR provides a free-standing guarantee against discrimination on a range
of prohibited grounds, including residential status. The statement of
compatibility notes that not all differential treatment on the basis of
residential status will be discriminatory if the criterion for such
differentiation is reasonable and objective and is rationally related to the
achievement of a legitimate purpose; it provides the following justification:
The
definition of 'Australian resident' ... has been included in the Bill to provide
for the new purpose of the Council ... that is, “to support and promote vibrant
and distinctively Australian creative arts practice that is recognised
nationally and internationally as excellent in its field.”
In
support of the Council’s new purpose, the Bill has been drafted such that the
Council’s functions will include the provision of support or the undertaking of
activities that will foster excellence in “Australian arts practice”. It is
envisaged that some of the Council’s functions under clause 9 could allow
for the involvement of temporary or foreign residents in the activities that
the Council supports. However, these activities would ultimately need to
“foster excellence in Australian arts practice”. That is, they would need to
demonstrate a benefit to the work of Australian artists, arts organisations, or
the Australian arts sector more broadly. This is because the Council is the
Australian Government’s principal arts funding body, and it is a primary role
of the Council to administer Australian Government funding to Australian artists
or arts organisations (comprised of people who are Australian citizens or
residents that permanently reside in Australia).
1.24
In light
of the explanation provided in the statement of compatibility, the committee
considers that there
is an objective and reasonable basis for restricting the definition of
‘Australian artist’ to Australian citizens and permanent residents, consistent with the right to equality and
non-discrimination in article 26 of the ICCPR.
Navigation: Previous Page | Contents | Next Page
Top
|