Footnotes

Executive Summary

[1]          Live Animal Export Restriction Prohibition Bill 2013, introduced by Mr Wilkie MP and Australian Ownership Bill 2013, introduced by Mr Katter MP.

[2]          See, for example, the Constitution Alteration (Aboriginals) 1967, Act No 55 of 1967, the long title of which is ‘An Act to alter the Constitution so as to omit certain words relating to the People of the Aboriginal Race in any State and so that Aboriginals are to be counted in reckoning the Population’.

[3]          See, for example, Constitution Alteration (Aboriginals) 1967, section 1.

[4]          See, for example, Australian Capital Territory Water Management Legislation Amendment Bill 2013, Early Years Quality fund Special Account Bill 2013, and Social Security Amendment (Supporting More Australians Into Work) Bill 2013.

[5]          Homelessness (Consequential Amendments) Bill 2013.

[6]          Australian Law Reform Commission Report 108, 'For Your Information: Australian Privacy Law and Practice' 2008,

[7]          CESCR, Concluding Observations of the Committee on Economic, Social and Cultural Rights, E/C.12/AUS/CO/4, 42^nd session, Geneva, para 11 (22 May 2009). For an earlier recommendation to similar effect, see CESCR, Concluding Observations of the Committee on Economic, Social and Cultural Rights, UN Doc E/2001/22, para 379 (2001). See CESCR, General Comment No. 4: The Right to Adequate Housing (art 11), 6^th sess, UN Doc E/1992/23 (13 December 1991).

[8]          Australian Sports Anti-Doping Authority Amendment Bill 2013, pp 41- 49; Biosecurity Bill 2012, pp 50 - 56.

[9]          Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012, pp 23 - 40; Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012,
pp 57 - 67.

Bills requiring further information to determine human rights compatibility

[1]          Statement of compatibility, p. 4.

[2]          UN Human Rights Committee, General Comment No. 27: Freedom of Movement, 2 November 1999, para 13.

[3]          Statement of compatibility, p. 5.

Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Bill 2013

[4]          See item 26 of Schedule 2 (read in conjunction with the amendment inserted by item 27).

[5]          The committee notes article 14(3)(d) of the ICCPR provides for the right of a person to have access to legal assistance (including without payment if the person does not have sufficient means to pay) and the High Court in Dietrich v The Queen (1992) 177 CLR 292 has held that the common law requires that in some cases, in the interests of a fair trial, it may be necessary to require legal representation for a trial to proceed.

Parliamentary Service Amendment (Freedom of Information) Bill 2013

[6]          See Review of Freedom of Information Laws, including the terms of reference, available at: http://www.ag.gov.au/Consultations/Pages/ReviewofFOIlaws.aspx

[7]          Statement of compatibility, p. 4.

[8]          Statement of compatibility, p. 4.

[9]          The UK Freedom of Information Act 2000, lists the House of Commons and the House of Lords as public authorities, but has exemptions for parliamentary privilege (s 34); information that could prejudice public affairs (in the opinion of the Speaker or Clerk) (s 36); personal data (s 40); material provided in confidence (s 41) etc.

[10]        See Second Reading Speech of Mr Albanese, Leader of the House, 29 May 2013.

Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013

[11]        See clause 3.

[12]        See clause 6.

[13]        See clause 10 together with clause 7.

[14]        Article 9 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and article 26 of the Convention on the Rights of the Child (CRC).

[15]        Article 11 of the ICESCR and article 27 of the CRC.

[16]        Article 1 of the ICESCR.

[17]        Article 17 of the International Covenant on Civil and Political Rights (ICCPR).

[18]        Statement of compatibility, p. 4.

[19]        Statement of compatibility, p. 1.

[20]        Explanatory memorandum, p. 1.

[21]        See Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, Human Rights Council, A/HRC/23/40, 17 April 2013, pp 6-7, available at: http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session23/A.HRC.23.40_EN.pdf

[22]        As provided for by clauses 7 and 10(1)(e).

Tax Laws Amendment (2013 Measure No. 2) Bill 2013

[11]           Statement of compatibility to Schedule 3, p. 118.