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]          The committee's conclusion that the bill raises no human rights concerns refers to the bill as passed by both Houses of Parliament following amendments in the Senate.

[2]          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.

[3]          For more information regarding the committee's previous comments: see Parliamentary Joint Committee on Human Rights, Twenty-second Report of the 44th Parliament (13 May 2015) 35.

[4]          For more information regarding the committee's previous comments see Parliamentary Joint Committee on Human Rights, Seventh Report of the 44th Parliament (June 2014) 13.

[5]          The bill continues arrangements in relation to the Social Services Legislation Amendment (No Jab, No Pay) Bill 2015 which the committee has previously considered; see Parliamentary Joint Committee on Human Rights, Twenty‑ninth Report of the 44th Parliament (13 October 2015) 31.

[6]          For more information regarding the committee's previous comments see Parliamentary Joint Committee on Human Rights, Thirtieth Report of the 44th Parliament (10 November 2015) 53.

[7]          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).

[8]          See items 17 and 33 of Schedule 1 to the bill, proposed new subsections 90K(2A) and 90UM(4A).

[9]          See Family Law Act 1975 (FLA), Part VII, Subdivision BA.

[10]          Article 3(1).

[11]          FLA, section 60CA.

[12]          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.

[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.

[14]          Explanatory memorandum (EM) 4.

[15]          EM ii.

[16]          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.

[17]          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.

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

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

[20]          EM, statement of compatibility (SOC) 5.

[21]          SOC 6.

[22]          See Department of Prime Minister and Cabinet, The Community Development Programme (CDP) at http://www.dpmc.gov.au/indigenous-affairs/about/jobs-land-and-economy-programme/indigenous-employment/community-development-programme-cdp.

[23]          National Report of Australia, Universal Periodic Review Second Cycle – 2015, 18; Australia's Universal Periodic Review – Final National Report (2011) 16.

[24]          Explanatory memorandum (EM), statement of compatibility (SOC) 7.

[25]          EM, SOC 6.

[26]          EM, SOC 7.

[27]          See: Parliamentary Joint Committee on Human Rights, Twenty-eighth Report of the 44th Parliament (17 September 2015).  This report also covers: Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2015 (No. 1) [F2015L01422].

[28]          See in particular the Charter of the United Nations (Dealing with Assets) Regulations 2008 [F2014C00689].

[29]          See Department of Foreign Affairs and Trade, 'Consolidated List', available at: http://dfat.gov.au/international-relations/security/sanctions/pages/consolidated-list.aspx.

[30]          See Parliamentary Joint Committee on Human Rights, Twenty-eighth Report of the 44th Parliament (17 September 2015) 15-38.

[31]          Section 14 of the Autonomous Sanctions Regulations 2011 and section 21 of the Charter of the United Nations Act 1945.

[32]          It does not apply in relation to the automatic designation of a person by the UN Security Council, as Australia is bound by the UN Charter to implement UN Security Council decisions. See article 2(2) and article 41 of the Charter of the United Nations 1945.

[33]          See examples in the committee's previous analysis at paragraph [1.89] of the Twenty-eighth Report of the 44th Parliament and s6 of the Autonomous Sanctions Regulations 2011.

[34]          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.

[35]          See Appendix 2, Letter from the Hon Julie Bishop MP, Minister for Foreign Affairs, to the Hon Philip Ruddock MP (dated 30 November 2015) 1-2.

[36]        See Autonomous Sanctions Act 2011, in conjunction with the Autonomous Sanctions Regulations 2011 and various instruments made under those regulations.

[37]        See Charter of the United Nations Act 1945 in conjunction with various instruments made under that Act, particularly the Charter of the United Nations (Dealing with Assets) Regulations 2008.

[38]          Parliamentary Joint Committee on Human Rights, Twenty-sixth Report of the 44th Parliament (18 August 2015) 7-11.

[39]          Parliamentary Joint Committee on Human Rights, Thirty-first Report of the 44th Parliament (24 November 2015) 37-44.

[40]          See new subsection 319(6).

Chapter 2 - Concluded matters

[1]          Parliamentary Joint Committee on Human Rights, Thirtieth Report of the 44th Parliament (10 November 2015) 11-13.

[2]          Explanatory memorandum, paragraph 46.

[3]          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/~/media/Committees/Senate/committee/humanrights_ctte/guidance_notes/guidance_note_2/guidance_note_2.pdf?la=en.

[4]          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_2/guidance_note_2.pdf.

[5]          See Appendix 1, Letter from Mr Tim Watts MP, to the Hon Philip Ruddock MP (received 27 November 2015) 1.

[6]          Note that on 9 July 2015 the Family Law (Fees) Amendment (2015 Measures No. 1) Regulation 2015 [F2015L01138] increased the fees for divorce; consent orders and subpoenas; and all other existing family law fee categories by an amount similar to that contained in the regulation.

[7]          Parliamentary Joint Committee on Human Rights, Twenty-fifth Report of the 44th Parliament (11 August 2015) 65-67.

[8]          See UN Human Rights Committee, General Comment No. 32, Article 14: Right to equality before courts and tribunals and to a fair trial, U.N. Doc. CCPR/C/GC/32 (2007). See also Lindon v Australia, Communication No. 646/1995 (25 November 1998), para. 6.4.

[9]          See Appendix 1, Letter from Senator the Hon George Brandis, Attorney-General, to the Hon Philip Ruddock MP (dated 30 November 2015) 1-2.

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