Footnotes
Chapter 1 – New and continuing matters
[1]
Explanatory memorandum (EM), p. 11
Business Services Wage Assessment Tool Payment Scheme Bill 2014
[1]
Nojin v Commonwealth of Australia [2012] FCAFC 192.
[2]
Nojin v Commonwealth of Australia [2012] FCAFC 192.
[3]
Statement of compatibility, p. 2.
[4]
The Federal Court found that the non-productive element of the BSWAT
assessment of wages for workers with an intellectual disability constituted
unlawful discrimination in contravention of section 15 of the Disability
Discrimination Act 1992.
[5]
Proposed subsection 8(3).
[6]
Statement of compatibility, p. 1.
[7]
Statement of compatibility, p. 1.
[8]
Proposed section 10.
[9]
Statement of compatibility, p. 2.
[10]
Statement of compatibility, p. 2.
[11]
Statement of compatibility, p. 2.
[12]
Proposed subsection 98.
[13]
Statement of compatibility, p. 3.
[14]
Statement of compatibility, p. 2.
[15]
This limits the review mechanisms available for such people who are
affected by decisions made under section 6 (ineligibility for the scheme), section
14 (inability to register), section 16 (ineligible to make an application),
section 17 (no determination to be made) and section 21 (not to receive an
offer).
[16]
Proposed section 30; Explanatory memorandum, p. 23.
[17]
Subclause 30(2).
[18]
Explanatory memorandum, p. 23.
[19] Related
provisions relating to such rights for specific groups are also contained in
the International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD), articles 11 and 14(2)(e) of the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW), article 32 of
the Convention on the Rights of the Child and article 27 of the Convention
on the Rights of Persons with Disabilities (CRPD).
[20]
See also article 2(2) of the International Covenant on Economic, Social
and Cultural Rights (ICESCR), articles 1, 2, 4 and 5 of the Convention on the
Elimination of All Forms of Racial Discrimination (CERD), article 2 of the
Convention on the Rights of the Child (CRC), articles 2, 3, 4 and 15 of the
Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) and articles 3, 4, 5 and 12 of the Convention on the Rights of Persons with
Disabilities (CRPD).
[21]
The prohibited grounds are race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status. Under 'other status' the following have been held to qualify as
prohibited grounds: age, nationality, marital status, disability, place of
residence within a country and sexual orientation.
[22]
Statement of compatibility, p. 3
[23] Committee on
the Rights of Persons with Disabilities, General Comment No 1 (2014); Article 12:
Equal recognition before the law (CRPD/C/GC/1, adopted 11 April 2014) p. 6.
[24]
Subclause 51(5)(b).
[25]
Subclause 46(5).
[26]
Statement of compatibility, p. 1.
[27]
Subclause 19(2). It should also be noted that a period of 14 days may be
all that is available for a person to consider an offer if made late during the
operation of the scheme.
Clean Energy (Income Tax Rates and Other Amendments) Bill 2013 [No. 2]
[1]
See Parliamentary Joint Committee on Human Rights, First Report of
the 44th Parliament, 10 December 2013, pp 12-13.
[2]
Parliamentary Joint Committee on Human Rights, Eight Report of the
44th Parliament, 24 June 2014, pp 34-35.
Clean Energy Finance Corporation (Abolition) Bill 2014
[1]
See Parliamentary Joint Committee on Human Rights, First Report of
the 44th Parliament, 10 December 2013, pp 11-12 and Fifth Report of
the 44th Parliament, 25 March 2014, p. 28.
Clean Energy Legislation (Carbon Tax Repeal) Bill 2013 [No. 2]
[1]
See Parliamentary Joint Committee on Human Rights, First Report of the
44th Parliament, 10 December 2013, pp 3-8 and Third Report of the
44th Parliament, 4 March 2014, p. 101.
[2]
Explanatory memorandum (EM), pp 13-18.
[3]
EM, p. 18.
[4]
EM, p. 17.
Climate Change Authority (Abolition) Bill 2013 [No. 2]
[1]
See Parliamentary Joint Committee on Human Rights, First Report of
the 44th Parliament, 10 December 2013, pp 10-11.
Customs Tariff Amendment (Carbon Tax Repeal) Bill 2013 [No. 2]
[1]
See Parliamentary Joint Committee on Human Rights, First Report of
the 44th Parliament, 10 December 2013, pp 9-10.
Defence Amendment (Parliamentary Approval of Overseas Service) Bill 2014
[1]
Explanatory memorandum (EM), [p. 6.]
Fair Work (Registered Organisations) Amendment Bill 2014
[1]
Article 22 of the International Covenant on Civil and Political Rights
(ICCPR) and article 8 of the International Covenant on Economic, Social and
Cultural Rights (ICESCR).
[2]
Article 14 of the ICCPR.
[3]
Article 17 of the ICCPR.
[4]
Statement of compatibility, p.14 (see explanatory memorandum).
[5]
See Parliamentary Joint Committee on Human Rights, First Report of
the 44th Parliament, 10 December 2013, p. 21 and Fifth Report of
the 44th Parliament, 13 May 2014, p. 63.
[6]
Senate Education and Employment Legislation Committee, Fair Work
(Registered Organisations) Amendment Bill 2013 [Provisions], 2 December
2013, para 2.16.
[7]
Senate Education and Employment Legislation Committee, Fair Work
(Registered Organisations) Amendment Bill 2013 [Provisions], 2 December
2013, paras 2.17-2.19.
[8]
Letter from Senator the Hon Eric Abetz, Minister for Employment, to
Senator Dean Smith, 5 March 2014, pp 1-2, see Parliamentary Joint
Committee on Human Rights, Fifth Report of the 44th Parliament, 25 March
2014, pp 66-67.
[9]
Parliamentary Joint Committee on Human Rights, Fifth Report of the
44th Parliament, 25 March 2014, p. 64.
[10]
Proposed new section 329AB, inserted by item 88, Schedule 1.
[11]
Statement of compatibility, p. 14.
[12]
Letter from Senator the Hon Eric Abetz, Minister for Employment, to
Senator Dean Smith, 5 March 2014, p. 2. See Parliamentary Joint Committee
on Human Rights, Fifth Report of the 44th Parliament, 25 March 2014, pp
64, 67.
[13]
Letter from Senator the Hon Eric Abetz, Minister for Employment, to
Senator Dean Smith, 5 March 2014, p. 3. See Parliamentary Joint Committee
on Human Rights, Fifth Report of the 44th Parliament, 25 March 2014, p.
68.
[14]
Letter from Senator the Hon Eric Abetz, Minister for Employment, to
Senator Dean Smith, 5 March 2014, p. 4. See Parliamentary Joint Committee
on Human Rights, Fifth Report of the 44th Parliament, 25 March 2014, p.
69.
[15]
This penalty will apply to breaches of obligations to lodge certain
documents with the Fair Work Commission and other administrative tasks such as
removing non-financial members from the organisations register.
[16]
This penalty will apply to breaches of officer’s civil financial
management duties under sections 285 – 288, the new obligations introduced by
the bill to disclose officer’s material personal interests and remuneration,
payments made by an organisation or branch, general duties in relation to
orders and directions of the Fair Work Commission and Federal Court and
restrictions on officers voting on certain matters.
[17]
Statement of compatibility, p. 9 (see explanatory memorandum).
[18]
Letter from Senator the Hon Eric Abetz, Minister for Employment, to
Senator Dean Smith, 5 March 2014, p. 5. See Parliamentary Joint Committee
on Human Rights, Fifth Report of the 44th Parliament, 25 March 2014, p.
70.
[1]
Explanatory memorandum (EM), p. 4
[2] Related
provisions relating to such rights for specific groups are also contained in
the International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD), articles 11 and 14(2)(e) of the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW), article 32 of
the Convention on the Rights of the Child and article 27 of the Convention
on the Rights of Persons with Disabilities (CRPD).
[3] Article
11(2)(c) of the CEDAW.
[1]
Explanatory memorandum (EM), p. 4.
Migration Amendment (Protection and Other Measures) Bill 2014
[1]
Explanatory memorandum (EM), pp. 1-2.
[2]
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, article 3(1); International Covenant on Civil and
Political Rights, articles 6(1) and 7; and Second Optional Protocol to the
International Covenant on Civil and Political Rights Aiming at the Abolition of
the Death Penalty.
[3]
The non-refoulement obligations under the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment and International
Covenant on Civil and Political Rights are known as 'complementary protection'
as they are protection obligations in addition to those under the Refugee
Convention.
[4]
International Covenant on Civil and Political Rights, article 2. See Parliamentary
Joint Committee on Human Rights (PJCHR), Second Report of the 44th
Parliament, 11 February 2014, p 45, at pp 49-51, paras 1.188-1.199
(committee comments on Migration Amendment (Regaining Control over Australia’s
Protection Obligations) Bill 2013), and Fourth Report of the 44th
Parliament, 18 March 2014, p 51, at pp 55-57, paras 513.41-3.47 (comments
on Minister’s response to committee views on Migration Amendment (Regaining
Control over Australia’s Protection Obligations) Bill 2013).
[5]
UN High Commissioner for Refugees (UNHCR), Handbook and Guidelines on
Procedures and Criteria for Determining Refugee Status under the 1951
Convention and the 1967 Protocol Relating to the Status of Refugees,
December 2011, HCR/1P/4/ENG/REV. 3, [196]-[197][ available at:
http://www.refworld.org/docid/4f33c8d92.html [accessed 6 July 2014].
[6]
ICCPR, articles 2 and 7 and CAT, article 3. See also, for example,
Concluding Observations of the Human Rights Committee, Portugal, UN Doc.
CCPR/CO/78/PRT (2003), at para 12.
[7]
EM, Attachment A, p.4.
[8]
EM, Attachment A, p.4.
[9]
EM, Attachment A, p.4.
[10]
Minister for Immigration and Citizenship v
SZQRB1 [2013] FCAFC 33.
[11]
Minister for Immigration and Citizenship, Second Reading Speech, Migration
Amendment (Protection and Other Measures) Bill 2014, Senate Hansard, p.
9.
[12]
Statement of compatibility, Attachment A, pp 8-9.
[13]
Statement of compatibility, Attachment A, p. 9.
[14] PJCHR
, Fourth Report of the 44th Parliament, 18 June 2014, p 51 at
pp 55-57, paras 3.41-3.48 (Migration Amendment (Regaining Control Over
Australia’s Protection Obligations) Bill 2013).
[15]
UN Committee against Torture (CAT), General Comment No. 1:
Implementation of Article 3 of the Convention in the Context of Article 22
(Refoulement and Communications), A/53/44, annex IX, (21 November 1997).
[16]
Pillai v Canada (Communication No. 1763/2008),
CCPR/C/101/D/1763/2008, (9 May 2011), http://www.worldcourts.com/hrc/eng/decisions/2011.03.25_Pillai_v_Canada.pdf
[17] UNHCR,
Draft Complementary Protection Visa Model: Australia UNHCR Comments
(January 2009). http://www.unhcr.org.au/pdfs/UNHCRPaper6Jan09_000.pdf
( accessed 8 July 2014)
[18]
Statement of compatibility, Attachment A, pp 8-9.
[19] See CAT/C/SR.427,
para 9 (2000).
[20]
Committee against Torture, Summary Record of the First Part (Public) of
the 424th Meeting, 10 May 2000, 24th Sess, CAT/C/SR.424
(9 February 2001), para 17.
[21]
AK (South Africa) [2012] NZIPT 800174 (16 April 2012).
[22]
MA (Somalia) v Secretary of State for the Home Department [2010]
UKSC 49, para 12-13.
[23]
See, Parliamentary Joint Committee on Human Rights, Fourth Report of
the 44th Parliament 18 March 2014, 'Migration Amendment
(Regaining Control Over Australia’s Protection Obligations) Bill 2013', pp
55-57 (paras 3.41-3.48).
[24]
EM, Attachment A, p. 4.
[25]
EM, p. 5.
[26]
International Covenant on Civil and Political Rights, article 2. See
Parliamentary Joint Committee on Human Rights, Second Report of the 44th
Parliament, 11 February 2014, p 45, at pp 49-51, paras 1.188-1.199
(committee comments on Migration Amendment (Regaining Control over Australia’s
Protection Obligations) Bill 2013), and Fourth Report of the 44th
Parliament, 18 March 2014, p 51, at pp 55-57, paras 513.41-3.47 (comments
on Minister’s response to committee views on Migration Amendment (Regaining
Control over Australia’s Protection Obligations) Bill 2013).
[27]
For consideration of a similar measure, see Parliamentary Joint Committee
on Human Rights, Seventh Report of the 44th Parliament, 18
June 2014, 'Migration Amendment (2014 Measures No. 1) Regulation 2014
[F2014L00286]', pp 49-51 (paras 1.188-1.199).
[28]
EM, Attachment A, p.6.
[29]
See 1951 Refugee Convention articles 25, 27, 28, 31.
[30]
EM, Attachment A, p.6.
[31]
Article 3(1).
[32]
EM, Attachment A, p.4.
[33]
EM, Attachment A, p. 6.
[34]
See Attorney-General's Department, Template 2: Statement of compatibility
for a bill or legislative instrument that raises human rights issue, at http://www.ag.gov.au/RightsAndProtections/HumanRights/PublicSector/Pages/Statementofcompatibilitytemplates.aspx
[accessed 15 July 2014].
[35]
EM, Attachment A, p. 4.
[36]
EM, Attachment A, p. 8.
[37]
See also article 2(2) of the International Covenant on Economic, Social
and Cultural Rights(ICESCR), articles 1, 2, 4 and 5 of the Convention on the
Elimination of All Forms of Racial Discrimination (CERD), article 2 of the
Convention on the Rights of the Child (CRC), articles 2, 3, 4 and 15 of the
Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) and articles 3, 4, 5 and 12 of the Convention on the Rights of Persons
with Disabilities (CRPD).
[38]
The prohibited grounds are race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status. Under 'other status' the following have been held to qualify as
prohibited grounds: age, nationality, marital status, disability, place of
residence within a country and sexual orientation.
[39]
EM, Attachment A, p. 6.
[40]
EM, Attachment A, p.4.
[41]
EM, Attachment A, p.4.
[42]
EM, Attachment A, p.4.
[43]
See Parliamentary Joint Committee on Human Rights, Seventh Report of
the 44th Parliament, June 2014, pp 34 - 38, paras 1.136-1.163
(committee comments on Migration Legislation Amendment Bill (No. 2) 2014 and
the rights of persons with disabilities)
[44]
D Singer, 'Falling at each hurdle: assessing the credibility of women's
asylum claims in Europe' in J Millbank, C Dauvergne and E Erbel (eds)
Gender in Refugee Law: From the Margins to the Centre (Routledge 2014),
p.100.
[45]
EM, Attachment A, p. 6.
Minerals Resource Rent Tax Repeal and Other Measures Bill 2013 [No. 2]
[1] Minerals
Resource Rent Tax Act 2012; Minerals Resource Rent Tax
(Imposition—Customs) Act 2012; Minerals Resource Rent Tax
(Imposition—Excise) Act 2012; and Minerals Resource Rent Tax
(Imposition—General) Act 2012.
[2]
Including the Income Tax Assessment Act 1997 and the Taxation
Administration Act 1953.
[3]
Parliamentary Joint Committee on Human Rights, First Report of the
44th Parliament, 10 December 2013, pp. 35-40.
[4]
Parliamentary Joint Committee on Human Rights, Eight Report of the
44th Parliament, 24 June 2014, pp 51-53.
[5]
EM, p. 81.
[6] Article
11 of the International Covenant on Economic, Social and Cultural Rights
(ICESCR).
[7] Article
9 of the ICESCR.
[8]
See, for example, Parliamentary Joint Committee on Human Rights, Sixth
Report of 2013, pp 78-80.
[9]
EM, p. 82.
[10] Article
11 of the International Covenant on Economic, Social and Cultural Rights
(ICESCR).
[11] Article
9 of the ICESCR.
[12]
By amendments made to the Social Security Act 1991; Social Security
(Administration) Act 1999; Farm Household Support Act 1992; Income Tax
Assessment Act 1997.
[13]
The eligible recipients are those receiving ABSTUDY Living Allowance,
Austudy, Newstart Allowance, Parenting Payment, Sickness Allowance, Special
Benefit, Youth Allowance, Transitional Farm Family Payment, and Exceptional
Circumstances Relief Payment. ISB is also paid to eligible recipients under the
Veterans‘ Children Education Scheme (Prepared under Part VII of the Veteran’s
Entitlement Act 1986), and the Military Rehabilitation and Compensation Act
Education and Training Scheme (Determined under the Military Rehabilitation
and Compensation Act 2004). People on any of these payments receiving more
than the basic amount of Pension Supplement are not eligible for the ISB.
[14]
EM, p. 84.
[15] EM,
para 4.66.
[16]
See, for example, Parliamentary Joint Committee on Human Rights, Fifth
Report of 2013; and Senate Education, Employment and Workplace Relations
References Committee, Report of the inquiry into the adequacy of the
allowance payment system, 29 November 2012.
[17]
Social Security and Other Legislation Amendment (Income Support Bonus)
Bill 2012, EM, p. 15.
[18] By
amendments made to the A New Tax System (Family Assistance) Act 1999; A
New Tax System (Family Assistance) (Administration) Act 1999; Income Tax
Administration Act 1997; and Social Security (Administration) Act 1999.
[19]
The eligible people are those receiving
Family Tax Benefit Part A for a child in primary or secondary school. Young people in school
receiving Youth Allowance or certain
other income support or veterans‘ payments
may also qualify for the bonus.
[20]
EM, p. 88.
Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment (Carbon Tax Repeal) Bill 2013 [No. 2]
[1]
See Parliamentary Joint Committee on Human Rights, First Report of
the 44th Parliament, 10 December 2013, p. 9.
Social Security Legislation Amendment (Stronger Penalties for Serious Failures) Bill 2014
[1]
Explanatory memorandum (EM), p. 12.
[2]
EM, p. 12.
[3]
EM, p. 13.
[4]
See Attorney-General's Department, Template 2: Statement of
compatibility for a bill or legislative instrument that raises human rights
issues at http://www.ag.gov.au/RightsAndProtections/HumanRights/PublicSector/Pages/Statementofcompatibilitytemplates.aspx
[accessed 8 July 2014].
[5]
EM, p. 11.
[6]
The prohibited grounds are race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status. Under 'other status' the following have been held to qualify as
prohibited grounds: age, nationality, marital status, disability, place of
residence within a country and sexual orientation.
Social Services and Other Legislation Amendment (2014 Budget Measures No. 1) Bill 2014
[1]
Department of Human Services website, 'Seniors supplement', http://www.humanservices.gov.au/customer/services/centrelink/seniors-supplement
[accessed 26 June 2014].
[2]
Department of Human Services website, 'Seniors supplement', http://www.humanservices.gov.au/customer/services/centrelink/seniors-supplement
[accessed 26 June 2014].
[3]
Department of Human Services website, 'Seniors supplement', http://www.humanservices.gov.au/customer/services/centrelink/seniors-supplement
[accessed 26 June 2014].
[4]
Statement of compatibility, p. 1.
[5]
Department of Human Services website, 'Seniors supplement', http://www.humanservices.gov.au/customer/services/centrelink/seniors-supplement
[accessed 26 June 2014].
[6]
EM, p. 14.
[7]
EM, p. 45.
[8] EM, p. 6.
[9]
EM, p. 48.
[10]
Under section 19C of the Social Security Act 1991, a claimant is in
‘severe financial hardship’ where the value of their liquid assets is less than
their fortnightly rate of payment (if single) or less than double their
fortnightly payment (if partnered).
[11]
Statement of compatibility, p.9.
[12]
Statement of compatibility, p. 11.
[13]
See Attorney-General's Department, Template 2: Statement of compatibility
for a bill or legislative instrument that raises human rights issues at http://www.ag.gov.au/RightsAndProtections/HumanRights/PublicSector/Pages/Statementofcompatibilitytemplates.aspx
[accessed 8 July 2014].
[14]
EM, p. 56.
Social Services and Other Legislation Amendment (2014 Budget Measures No. 2) Bill 2014
[1]
Statement of compatibility, p. 1 (see explanatory memorandum).
[2] Explanatory
memorandum (EM), p. 6.
[3]
Statement of compatibility, pp 16-17.
[4]
Department of Human Services website, 'Payment rates for Newstart
Allowance', http://www.humanservices.gov.au/customer/enablers/centrelink/newstart-allowance/payment-rates-for-newstart-allowance
(accessed 8 July 2014); and 'Youth Allowance', http://www.humanservices.gov.au/customer/services/centrelink/youth-allowance
[accessed 8 July 2014].
[5]
Statement of compatibility, p. 20.
[6]
Statement of compatibility, p. 20.
[7]
Statement of compatibility, p. 20.
[8]
Statement of compatibility, p. 22.
[9]
EM, p. 49.
[10]
Statement of compatibility, p. 23.
[11]
Statement of compatibility, p. 24.
[12]
See also article 2(2) of the International Covenant on Economic, Social and
Cultural Rights (ICESCR), articles 1, 2, 4 and 5 of the Convention on the
Elimination of All Forms of Racial Discrimination (CERD), article 2 of the
Convention on the Rights of the Child (CRC), articles 2, 3, 4 and 15 of the
Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW) and articles 3, 4, 5 and 12 of the Convention on the Rights of Persons
with Disabilities (CRPD).
[13]
The prohibited grounds are race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status. Under 'other status' the following have been held to qualify as
prohibited grounds: age, nationality, marital status, disability, place of
residence within a country and sexual orientation.
[14]
EM, p. 49.
[15]
EM, p. 27.
[16]
Committee on Economic, Social and Cultural Rights, General Comment 13,
The right to education (Twenty-first session, 1999), U.N. Doc. E/C.12/1999/10
(1999).
[17]
Statement of compatibility, p. 11.
[18]
EEP is currently payable to recipients of Newstart allowance, partner
allowance, widow allowance, widow B pension, wife pension, parenting payment,
disability support pension, carer payment, special benefit partner service
pension, invalidity service pension and income support supplement.
[19]
Statement of compatibility, p. 13.
Trade Support Loans Bill 2014
[1]
Explanatory memorandum (EM), p. 6.
[2]
Australian Apprenticeships (Australian Government) website, 'Tools for
Trade Payment', http://www.australianapprenticeships.gov.au/program/tools-your-trade-payment
(accessed 10 July 2014).
[3] See, for
example, Parliamentary Joint Committee on Human Rights, Fifth Report of the
44th Parliament, 25 March 2014, 'Omnibus Repeal Day (Autumn
2014) Bill 2014', p. 9.
[4]
The prohibited grounds are race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status. Under 'other status' the following have been held to qualify as
prohibited grounds: age, nationality, marital status, disability, place of
residence within a country and sexual orientation.
[5]
Trade Support Loans Bill 2014, proposed section 8.
[6]
See EM, p. 6.
[7]
See Trade Support Loans Bill 2014, proposed sections 59-61.
[8]
EM, p. 6.
[9]
Criminal Code, section 13.3.
True-up Shortfall Levy (Excise) (Carbon Tax Repeal) Bill 2013 [No. 2]
[1]
See Parliamentary Joint Committee on Human Rights, First Report of
the 44th Parliament, 10 December 2013, p. 9.
Veterans’ Affairs Legislation Amendment (Mental Health and Other Measures) Bill 2014
[1] Parliamentary
Joint Committee on Human Rights, Sixth Report of the 44th
Parliament, 14 May 2014, pp 35-37.
Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014 [F2014L00622]
[1]
Explanatory Memorandum (EM), Attachment B, p. 1.
[2]
EM, Attachment B, p. 4.
[3]
EM, Attachment B, pp 3-4.
Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 [F2014L00726]
[1]
Explanatory statement, p. 8.
[2]
See also article 2(2) of the International Covenant on Economic, Social
and Cultural Rights (ICESCR), articles 1, 2, 4 and 5 of the Convention on the
Elimination of All Forms of Racial Discrimination (CERD), article 2 of the
Convention on the Rights of the Child (CRC), articles 2, 3, 4 and 15 of the
Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) and articles 3, 4, 5 and 12 of the Convention on the Rights of Persons
with Disabilities (CRPD).
[3]
The prohibited grounds are race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status. Under 'other status' the following have been held to qualify as
prohibited grounds: age, nationality, marital status, disability, place of
residence within a country and sexual orientation.
[4]
Attorney General's Department, Australian Government Guidelines on
the Recognition of Sex and Gender (July 2013), http://www.ag.gov.au/Publications/Documents/AustralianGovernmentGuidelinesontheRecognitionofSexandGender/AustralianGovernmentGuidelinesontheRecognitionofSexandGender.PDF,
p. 7 [accessed 9 July 2014].
[1]
Explanatory statement, p. 2
[2]
Explanatory statement, p. 2
[1]
Explanatory statement, p. 2
[2]
Explanatory statement, p. 2
[3]
Explanatory statement, p. 3
International Organisations (Privileges and Immunities) (International Committee of the Red Cross) Regulation 2013 [F2013L01916]
[1] Novak, M.
UN Covenant on Civil and Political Rights - CCPR Commentary (2nd Ed.), Kehl,
2005, pp 308-309.
[2]
See, for example, M C Bassiouni, Introduction to international criminal
law, Martinus Nijhoff Publishers, 2012 pp76-77. See, also, for example,
Rome Statute of the International Criminal Court, article 5(1), Prosecutor v
Kambanda, ICTR T Ch1, (4 September 1998); Prosecutor v Blaskic
(ICTY) IT-95-14 AR 108 (1997).
[3]
See the Committee against Torture’s views expressed in its discussions
with the UK government (CAT/C/SR.354, paras 39-40, 46) and in its concluding
observations on the United Kingdom’s third periodic report (CAT/C/SR.360, para
11 and CAT A/54/44, para 77(f) (1999)). A similar view is reflected in the
Committee against Torture’s decision in the case of Guengueng v Senegal, Comm.
No 181/2001, A/61/44, at 160 (2006) (failure by Senegal to prosecute the former
head of state of Chad involved violation of the Torture Convention). See also, R v Bow Street Metropolitan
Stipendiary Magistrate, ex parte Pinochet Ugarte (No3) [2000] 1 AC 147.
[4] See,
Parliamentary Joint Committee on Human Rights, Fourth Report of 2013, 20
March 2013, pp 42-47; Sixth Report of 2013, 15 May 2013, pp 228-232 and First
Report of 44th Parliament, 10 December 2013, pp 97-99.
Chapter 2 - Concluded matters - Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Bill 2014
[1]
See Appendix 2, Letter from The Hon Michael Keenan MP, Minister for
Justice, to Senator Dean Smith, 29 April 2014, pp 1-3.
Defence Legislation Amendment (Woomera Prohibited Area) Bill 2014
[1]
Explanatory memorandum (EM), p. 2.
[2]
See Appendix 2, Letter from Senator the Hon David Johnston, Minister for
Defence, to Senator Dean Smith, 17 June 2014, pp 1-2.
[3]
See Appendix 2, Letter from Senator the Hon David Johnston, Minister for
Defence, to Senator Dean Smith, 17 June 2014, p. 2.
[4]
See Appendix 2, Letter from Senator the Hon David Johnston, Minister for
Defence, to Senator Dean Smith, 17 June 2014, p. 2.
[5]
See Appendix 2, Letter from Senator the Hon David Johnston, Minister for
Defence, to Senator Dean Smith, 17 June 2014, p. 3.
Export Market Development Grants Amendment Bill 2014
[1]
See Appendix 2, Letter from The Hon Andrew Robb MP, Minister for Trade
and Investment, to Senator Dean Smith, 1 May 2014, pp 1-3.
Major Sporting Events (Indicia and Images) Protection Bill 2014
[1]
See Appendix 2, Letter from The Hon Peter Dutton MP, Minister for Sport,
to Senator Dean Smith, 2 June 2014, pp 1-2.
[2]
See Appendix 2, Letter from The Hon Peter Dutton MP, Minister for Sport,
to Senator Dean Smith, 2 June 2014, p. 2.
Migration Amendment (Offshore Resources Activity) Repeal Bill 2014
[1]
Migration Amendment (Offshore Resources Activity) Act 2013, s
2(1).
[2]
Explanatory memorandum (EM), pp 1-2.
[3]
See Appendix 2, Letter from The Hon Scott Morrison, Minister for
Immigration and Border Protection, to Senator Dean Smith, 16 June 2014, pp 2-3.
Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014
[1]
See Department of Employment website, 'Safety, Rehabilitation and
Compensation Act Review', https://employment.gov.au/safety-rehabilitation-and-compensation-act-review-0
[accessed 9 July 2014.]
[2]
See Appendix 2, Letter from Senator the Hon Eric Abetz, Minister for
Employment, to Senator Dean Smith, 1 May 2014, pp 1-2.
Save Our Sharks Bill 2014
[1]
See Appendix 2, Letter from Senator Rachel Siewert, to Senator Dean
Smith, 12 June 2014, pp 1-2.
Social Security Legislation Amendment (Increased Employment Participation) Bill 2014
[1]
See Appendix 2, Letter from The Hon Luke Hartsuyker MP, Assistant
Minister for Employment, to Senator Dean Smith, 27 June 2014, pp 2-3.
[2]
See Appendix 2, Letter from The Hon Luke Hartsuyker MP, Assistant
Minister for Employment, to Senator Dean Smith, 27 June 2014, p. 3.
Tax and Superannuation Laws Amendment (2014 Measures No. 1) Bill 2014
[1]
See Appendix 2, Letter from The Hon Steven Ciobo MP, Parliamentary
Secretary to the Treasurer, to Senator Dean Smith, 28 April 2014, p. 1.
[2]
See Appendix 2, Letter from The Hon Steven Ciobo MP, Parliamentary
Secretary to the Treasurer, to Senator Dean Smith, 28 April 2014, p. 2.
[3]
See Appendix 2, Letter from The Hon Steven Ciobo MP, Parliamentary
Secretary to the Treasurer, to Senator Dean Smith, 28 April 2014, p. 2.
Textile, Clothing and Footwear Investment and Innovation Programs Amendment Bill 2014
[1]
See Appendix 2, Letter from the Hon Ian Macfarlane MP, Minister for
Industry, to Senator Dean Smith, 8 July 2014, pp 1-2.
User Rights Amendment (Various Measures) Principle 2013 [F2013L01352]
[1]
New section 23.21(e), User Rights Principles 1997 (inserted by item 8).
[2]
See Appendix 2, Letter from Senator the Hon Mitch Fifield, Assistant Minister
for Social Service, to Senator Dean Smith, 2 June 2014, pp 1-2.
National Gambling Reforms (Administration of ATM measure) Directions 2014 [F2014L00107]
[1]
Explanatory statement, p. 1.
[2]
See Appendix 2, Letter from The Hon Kevin Andrews, Minister for Social
Services, to Senator Dean Smith, 6 May 2014, pp 1-3.
Appendix 1: Full list of Legislative Instruments received by the committee between 7 and 20 June 2014
[1]
The committee has set out its expectations with regard to information
that should be provided in statements of compatibility in its Practice Note 1,
available at: www.aph.gov.au/joint_humanrights.
[2]
FRLI is found online at www.comlaw.gov.au.
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