Footnotes

Executive Summary

[1]        See pp 19 - 26 of this report.

[2]        See pp 27 - 30 of this report.

[3]        This figure does not include the eleven related bills to the DisabilityCare Australia Fund Bill 2013.

[4]        Migration Amendment (Subclass 050 and Subclass 051 Visas) Regulations 2013 and Migration Amendment (Temporary Protection Visas) Regulation 2013

Bills requiring further information to determine human rights compatibility

[1]        Adelaide Airport Curfew Act 2000, sections 7, 8 and 9.

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

[3]        Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

[4]        Article 6(2) of the ICESCR.

[5]        UN Committee on Economic, Social and Cultural Rights, General comment No 18: The right to work, (2006), para 26.

[6]        Article 4 of the ICESCR.

Appropriation (Parliamentary Departments) Bill (No. 2) 2013-2014

[1]        Statement of compatibility for each bill, para 3.

[2]        Statement of compatibility for each bill, para 4.

[3]        Statement of compatibility for each bill, para 5.

[4]        See, Parliamentary Joint Committee on Human Rights (PJCHR), Third Report of 2013, 13 March 2013, pp 65-67; and Seventh Report of 2013, 5 June 2013, pp 21-24.

[5]        PJCHR, Seventh Report of 2013, 5 June 2013, p 23.

[6]        PJCHR, Seventh Report of 2013, 5 June 2013, p 23.

[7]        See statements of compatibility for the Appropriation (Parliamentary Departments) Bill (No. 1) 2013‐2014; Appropriation Bill (No. 1) 2013‐2014; and Appropriation Bill (No. 2) 2013‐2014.

[8]        PJCHR, Seventh Report of 2013, 5 June 2013, p 22.

Great Barrier Reef Legislation Amendment Bill 2014

[1]        Explanatory memorandum, p 1.

[2]        Statement of compatibility, p 1.

[3]        Statement of compatibility, p 1.

[4]        Proposed new section 10AA(1) of the Environment Protection (Sea Dumping) Act 1981, inserted by item 2 in Schedule 2 to the bill.

[5]        Proposed new section 10AA(2) of the Environment Protection (Sea Dumping) Act 1981, inserted by item 2 in Schedule 2 to the bill.

[6]        Explanatory memorandum, p 2.

[7]        Proposed new section 10CA(1) of the Environment Protection (Sea Dumping) Act 1981, inserted by item 2 in Schedule 2 to the bill.

[8]        Item 4 in Schedule 2 to the bill.

Social Security Legislation Amendment (Green Army Programme) Bill 2014

[1]        UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 19 (2008), para 22.

[2]        CESCR, General Comment No. 19 (2008), para 59.

[3]        Article 4 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

[4]        Proposed new section 38J inserted by item 2 of the bill.

[5]        Article 7 of the ICESCR.

[6]        The explanatory memorandum states that it is not the intention for the exclusion provisions to apply to such people and proposed new subsections 38J(2) and (3) of the bill allow the Secretary to prescribe in a legislative instrument that the exclusion does not apply to such persons, see p 4.

Social Security Legislation Amendment (Increased Employment Participation) Bill 2014

[1]        Article 2 of the International Covenant on Economic, Social and Cultural Rights (ICESCR); and article 26 of the International Covenant on Civil and Political Rights (ICCPR).

[2]        Article 6 of the ICESCR.

[3]        Article 9 of the ICESCR.

[4]        Article 11 of the ICESCR.

[5]        Proposed new section 861(11) of the Social Security Act 1991, inserted by item 2, Schedule 1.

[6]        See proposed new sections 861(6) and (8) of the Social Security Act 1991, inserted by item 2, Schedule 1.

[7]        Proposed new section 861(8) of the Social Security Act 1991, inserted by item 2, Schedule 1.

[8]        Proposed new section 861(12) of the Social Security Act 1991, inserted by item 2, Schedule 1.

[9]        Protected SCV holders are New Zealand citizens who were in Australia on 26 February 2001, or were in Australia for 12 months in the two years immediately before this date and later returned to Australia, or who are in certain other similar categories.  New Zealand citizens who arrive in Australia after 26 February 2001 have access to a less extensive range of benefits covered by the bilateral social security arrangement between Australia and New Zealand announced on 26 February 2001.

[10]      In addition to comments elsewhere in this report, see PJCHR, Seventh Report of 2013, 5 June 2013, pp 11-16; and First Report of the 44th Parliament, 10 December 2013, pp 189-192.

[11]      Statement of compatibility, p 25.

[12]      Statement of compatibility, p 25.

Tax and Superannuation Laws Amendment (2014 Measures No. 1) Bill 2014

[1]        Our predecessor committee examined these measures in the 43^rd Parliament, see comments on the Superannuation Legislation Amendment (Reducing Illegal Early Release and Other Measures) Bill 2012 in the First Report of 2013, 6 February 2013. The committee sought clarification from the then Treasurer on the compatibility of the civil penalty provision with the right to a fair trial in article 14 of the International Covenant on Civil and Political Rights but did not receive a response. The bill subsequently lapsed when the Parliament was prorogued.

[2]        Superannuation Industry (Supervision) Act 1993, section 196(4).

[3]        Superannuation Industry (Supervision) Act 1993, section 199(1).

[4]        Superannuation Industry (Supervision) Act 1993, section 215.

[5]        Superannuation Industry (Supervision) Act 1993, section 216.

[6]        Superannuation Industry (Supervision) Act 1993, section 203.

[7]        Superannuation Industry (Supervision) Act 1993, section 207.

[8]        See, for example, Putz v Austria, Application no. 18892/91, 22 February 1996; and Ravnsborg v Sweden, Application no. 14220/88, 23 March 1994.

[9]        Explanatory memorandum, p 46.

[10]      Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

[11]      Statement of compatibility, p 55.

[12]      Statement of compatibility, p 56.

[13]      Statement of compatibility, pp 55-56.

[14]      Statement of compatibility, p 56.

Tertiary Education Quality and Standards Agency Amendment Bill 2014

[1]        Articles 6 and 7 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

[2]        Article 13 of the ICESCR.

[3]        The Hon Christopher Pyne MP, Minister for Education, House of Representatives Hansard, 27 February 2014, p 3.

[4]        Article 4 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

[5]        Statement of compatibility, p 3.

[6]        Statement of compatibility, p 3.

[7]        See, for example, Professor Kwong Lee Dow AO and Professor Valerie Braithwaite, Review of the Higher Education Regulation Report, 2013, p 47.

[8]        Review of the Higher Education Regulation Report, p 48.

Bills unlikely to raise human rights concerns - Excise Tariff Amendment (Tobacco) Bill 2014

[1]        Explanatory memorandum, p 8.

[2]        Article 12 of the International Covenant on Economic, Social and Cultural Rights.

[3]        Explanatory statement, p 1.

[4]        Article 6 of the International Covenant on Economic, Social and Cultural Rights.

[5]        Statement of compatibility, p 1.

[6]        Statement of compatibility, p 1.

[7]        Parliamentary Joint Committee on Human Rights, Third Report of 2012, 19 September 2012, p 18.

[8]        Explanatory memorandum, p 1.

[9]        Explanatory memorandum, p 1.

[10]      Statement of compatibility, p 1.

[11]      Statement of compatibility, p 1.

[12]      ICCPR, article 25(c)

[13]      CRPD, articles 27(g), 5 and 6.

[14]      See CRPD, article 5(4)

[15]      See UN Committee on the Elimination of Racial Discrimination, General Recommendation No. 32: The meaning and scope of special measures in the International Convention on the Elimination of All Forms of Racial Discrimination (2009).

[16]      See UN Human Rights Committee, General comment 18(37)(1989), para 10.

[17]      PJCHR, Eleventh Report of 2013, pp 21-31. See also PJCHR, Second Report of the 44th Parliament, p 145, at paras 2.186-2.187 (discussion of the Aboriginal Land Rights (Northern Territory) Amendment (Delegation) Regulation 2013).

The committee has sought further comment in relation to the following instruments

[1]        See rules 7 and 8.

[2]        See rule 10.

National Gambling Reforms (Administration of ATM measure) Directions 2014

[1]        National Gambling Reform Act 2012, section 110.

[2]        Explanatory statement, p 1.

[3]        Statement of compatibility, p 3.

[4]        Explanatory statement, p 1.

[5]        See Schedule 1 to the Social Services and Other Legislation Amendment Bill 2013.

[6]        See Parliamentary Joint Committee on Human Rights (PJCHR), First Report of the 44^th Parliament, 10 December 2013, p 51 and Second Report of the 44^th Parliament, 11 February 2014, p 159.

[7]        See PJCHR, First Report of the 44^th Parliament, 10 December 2013, p 53.