Footnotes

Footnotes

[1]          Absolute rights are: the right not to be subjected to torture, cruel, inhuman or degrading treatment; the right not to be subjected to slavery; the right not to be imprisoned for inability to fulfil a contract; the right not to be subject to retrospective criminal laws; the right to recognition as a person before the law.

Chapter 1 - New and continuing matters

[1]          See Parliament of Australia website, 'Journals of the Senate', http://www.aph.gov.au/Parliamentary_Business/Chamber_documents/Senate_chamber_documents/Journals_of_the_Senate.

[2]          See Parliamentary Joint Committee on Human Rights, Twenty-first Report of the 44th Parliament (24 March 2015); and Parliamentary Joint Committee on Human Rights, Twenty‑third Report of the 44th Parliament (18 June 2015).

[3]           This includes contact details, medicare number, vaccination status, general practitioner information regarding non-vaccination status and other information relevant to vaccinations.

[4]           Explanatory memorandum (EM), Statement of Compatibility (SoC) 6.

[5]           See clause 10 of the Australian Immunisation Register Bill 2015.

[6]           EM, SoC 6.

[7]           EM 15.

[8]           Appendix 2; See Parliamentary Joint Committee on Human Rights, Guidance Note 1 - Drafting Statements of Compatibility (December 2014) http://www.aph.gov.au/~/media/Committees/Senate/committee/humanrights_ctte/guidance_notes/guidance_note_1/guidance_note_1.pdf.

[9]           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.

[10]           Explanatory Memorandum (EM), Statement of Compatibility (SoC) 28.

[11]           EM, SoC 28.

[12]           EM, SoC 31-32.

[13]           EM, SoC 31.

[14]           EM, SoC 31.

[15]           EM, SoC 31.

[16]           EM 92.

[17]           See proposed clause 3 of proposed Schedule 1 to the Personally Controlled Electronic Health Records Act 2012 as proposed to be inserted by item 106 of the bill.

[18]           EM 95, words underlined emphasised (words in bold in the original).

[19]         EM 94.

[20]         See, for example, Human Rights Committee, General Comment 27 , Freedom of movement (Art.12), U.N. Doc CCPR/C/21/Rev.1/Add.9 (1999).

[21]         See proposed clause 2 of proposed Schedule 1 to the Personally Controlled Electronic Health Records Act 2012 as proposed to be inserted by item 106 of the bill.

[22]         See subsection 6(1) of the Personally Controlled Electronic Health Records Act 2012.

[23]         See subsection 6(3) of the Personally Controlled Electronic Health Records Act 2012.

[24]         EM, SoC 36.

[25]         Committee on the Rights of the Child, General Comment No. 4: Adolescent health and development in the context of the Convention on the Rights of the Child (2003), paragraph 11.

[26]         See proposed new section 7A to the Personally Controlled Electronic Health Records Act 2012, item 64 of the bill.

[27]         See Parents FAQ, on the eHealth.gov.au website which states 'Parents or Authorised Representatives who are managing the eHealth record for a person under 18 years old will be notified when the person has taken control of their own eHealth record': see http://www.ehealth.gov.au/internet/ehealth/publishing.nsf/Content/faqs-individuals-parents (accessed 23 September 2015).

[28]         See subsection 6(4) of the Personally Controlled Electronic Health Records Act 2012.

[29]         EM, SoC 35.

[30]         See subsection 6(7) of the Personally Controlled Electronic Health Records Act 2012.

[31]         UN Committee on the Rights of Persons with Disabilities, General comment No. 1: Article 12: Equal recognition before the law (2014), paragraph 15.

[32]         See proposed new section 7A to the Personally Controlled Electronic Health Records Act 2012, item 64 of the bill.

[33]         See subsection 6(7) of the Personally Controlled Electronic Health Records Act 2012.

[34]         EM, SoC 35.

[35]        UN Committee on the Rights of Persons with Disabilities, General comment No. 1: Article 12: Equal recognition before the law (2014), paragraph 47.

[36]         ARLC, Equality, Capacity and Disability in Commonwealth Laws (ALRC Report 124), 24 November 2014, see in particular Recommendations 4-1 to 4-12, available from https://www.alrc.gov.au/publications/equality-capacity-disability-report-124.

[37]         UN Committee on the Rights of Persons with Disabilities, General comment No. 1: Article 12: Equal recognition before the law (2014), paragraph 37.

[38]         Appendix 2; See Parliamentary Joint Committee on Human Rights, Guidance Note 2 –Offence provisions, civil penalties and human rights (December 2014); http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Guidance_Notes_and_Resources.

[39]         EM, SoC 34.

[40]         The current penalty unit rate is $180 per unit, see section 4AA of the Crimes Act 1914.

[41]         See section 90 (in Division 3 of Part 4) of the Regulatory Powers (Standard Provisions) Act 2014.

[42]         EM, SoC 34.

[43]           Explanatory Memorandum (EM) 46.

[44]           EM 46.

[45]           See, for example, Human Rights Committee, General Comment 27, Freedom of movement (Art.12), U.N. Doc CCPR/C/21/Rev.1/Add.9 (1999).

[46]           EM 48.

[47]           EM 9.

[48]           EM 48.

[49]           See section 5 of the A New Tax System (Family Assistance) Act 1999.

[50]           Explanatory Memorandum (EM), Statement of Compatibility (SOC) 2.

[51]           EM, SOC 1-2.

[52]          Parliamentary Joint Committee on Human Rights, Ninth Report of the 44th Parliament (15 July 2014) 83.

[53]          Parliamentary Joint Committee on Human Rights, Twelfth Report of the 44th Parliament (24 September 2014) 67.

[54]          Parliamentary Joint Committee on Human Rights, Twelfth Report of the 44th Parliament (24 September 2014) 55-64.

[55]          Parliamentary Joint Committee on Human Rights, Fourteenth Report of the 44th Parliament (28 October 2014) 94-95, and Parliamentary Joint Committee on Human Rights, Seventeenth Report of the 44th Parliament (2 December 2014) 11-13.

[56]          Parliamentary Joint Committee on Human Rights, Twenty-fourth Report of the 44th Parliament (24 June 2015) 12-19.

[57]          Parliamentary Joint Committee on Human Rights, Twenty-eighth Report of the 44th Parliament (17 September 2015) 51-63.

[58]          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.

[59]          UN Human Rights Committee, General Comment 18, Non-discrimination (1989).

[60]          Althammer v Austria HRC 998/01, [10.2].

[61]        See Parliamentary Joint Committee on Human Rights, Ninth Report of the 44th Parliament (15 July 2014) 94-95; Twelfth Report of the 44th Parliament (24 September 2014) 78-79 (where the committee concluded that the measure was incompatible with the right to equality and non-discrimination); Twenty-fourth Report of the 44th Parliament (24 June 2015) 13-15; and Twenty-eighth Report of the 44th Parliament (17 September 2015) 52-55.

[62]        See Parliamentary Joint Committee on Human Rights, Twelfth Report of the 44th Parliament (24 September 2014) 79, para 2.25.

[63]        EM, SoC 12.

[64]        EM, SoC 12.

Chapter 2 - Concluded matters

[1]          Parliamentary Joint Committee on Human Rights, Nineteenth Report of the 44th Parliament (3 March 2015) 45-50.

[2]          Parliamentary Joint Committee on Human Rights, Twenty-second Report of the 44th Parliament (13 May 2015) 187-190.

[3]          Parliamentary Joint Committee on Human Rights, Twenty-sixth Report of the 44th Parliament (18 August 2015) 4-6.

[4]          See Appendix 1, Letter from Mr Roman Quaedvlieg APM, Australian Border Force Commissioner, to the Hon Philip Ruddock MP (dated 11 September 2015) 1.

[5]          Parliamentary Joint Committee on Human Rights, Twenty-sixth Report of the 44th Parliament (18 August 2015) 12-15.

[6]          See Parliamentary Joint Committee on Human Rights, Third Report of 2013 (March 2013) 12‑15 and Parliamentary Joint Committee on Human Rights, Sixth Report of 2013 (May 2013) 205-211.

[7]          See Appendix 1, Letter from the Hon Andrew Robb MP, Minister for Trade and Investment, to the Hon Philip Ruddock MP (dated 15 September 2015) 1-4.

[8]          Parliamentary Joint Committee on Human Rights, Twenty-sixth Report of the 44th Parliament (18 August 2015) 20-25.

[9]          Explanatory Statement, Statement of Compatibility 1.

[10]          See Appendix 1, Letter from the Hon Luke Hartsuyker MP, Assistant Minister for Employment, to the Hon Philip Ruddock MP (dated 11 September 2015) 2-3.

[11]          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.

[12]          UN Human Rights Committee, General Comment 18, Non-discrimination (1989).

[13]          Althammer v Austria HRC 998/01 [10.2].

[14]          See for example Whiteford, P. (2009). Family Joblessness in Australia, Paper commissioned by the Social Inclusion Unit of PM&C, Canberra.

             http://apo.org.au/research/family-joblessness-australia.

[15]          OECD, 11/7 /2014, Children in families by employment status:

             http://www.oecd.org/els/family/LMF 1 1 Children in families by employment status Jul2014.pdf.

[16]          For a summary of the literature on this topic, see Harrison, U et al 'Child care and early education in Australia', Social Policy Research Paper No. 40, Longitudinal Study of Australian Children: https://www.dss.gov.au/sites/default/files/documents/05 2012/sprp 40.pdf

[17]        See Appendix 1, Letter from the Hon Luke Hartsuyker MP, Assistant Minister for Employment, to the Hon Philip Ruddock MP (dated 11 September 2015) 4-5.

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