Membership of the committee

[1]          These are the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD); the Convention on the Elimination of Discrimination against Women (CEDAW); the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); the Convention on the Rights of the Child (CRC); and the Convention on the Rights of Persons with Disabilities (CRPD).

Chapter 1 - New and continuing matters

[1]          See Appendix 1 for a list of legislation in respect of which the committee has deferred its consideration. The committee generally takes an exceptions based approach to its substantive examination of legislation.

[2]          The committee examines legislative instruments received in the relevant period, as listed in the Journals of the Senate. 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]          These are: Foreign Evidence (Certificate to Adduce Foreign Government Material - Prescribed Form) 2015 [F2017L00643] (first deferred in Report 7 of 2017); CASA EX74/17 - Exemption — DAMP organisations collecting and screening of oral fluid and urine body samples outside capital city areas [F2017L00837], the Criminal Code (Terrorist Organisation—Islamic State) Regulations 2017 [F2017L00838], the Criminal Code (Terrorist Organisation—Boko Haram) Regulations 2017 [F2017L00842], and the Competition and Consumer Amendment (Abolition of Limited Merits Review) Bill 2017 (deferred in Report 8 of 2017).

[4]          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.

[5]          Continuing care recipients are those who entered a care service before 1 July 2014 and since that time have not left the service for a continuous period of more than 28 days (other than because the person is on leave), or before moving to another service, have not made a written choice to be subject to the new rules relating to fees and payments that took effect on 1 July 2014.

[6]          Statement of Compatibility (SOC) 4

[7]          SOC 4.

[8]          SOC 4.

[9]          Parliamentary Joint Committee on Human Rights, Twenty-Second Report of the 44^th Parliament (13 May 2015) 5-23; Thirty-Seventh Report of the 44^th Parliament (2 May 2016) 5-35.

[10]          'Entrusted person' means: (a) the Secretary; or (b) the Australian Border Force Commissioner (including in his or her capacity as the Comptroller-General of Customs); or (c) an Immigration and Border Protection worker: Border Force Act section 4.

[11]          'Immigration and Border Protection worker' is defined broadly to include APS employees in the department; officers of state and territory governments; a person providing services to the department; a contractor performing services for the department: Border Force Act section 4.

[12]          See item 1, proposed section 4(1) definition of 'Immigration and Border Protection information', paragraph (a).

[13]          See item 5, proposed section 4(5)(a).

[14]          Michel Forst, End of mission statement by United Nations Special Rapporteur on the situation of human rights defenders Visit to Australia, 18 October 2016 http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20689&LangID=E

[15]          See, Determination of Immigration and Border Protection Workers – Amendment No. 1, 30 September 2016. This amendment was made under sections 5(1)-(2) of the Border Force Act and section 33(3) of the Acts Interpretation Act 1901 and is not required to be registered or tabled in parliament and therefore is not subject to parliamentary scrutiny.

[16]          François Crépeau, Report of the Special Rapporteur on the human rights of migrants on his mission to Australia and the regional processing centres in Nauru, Thirty-fifth session, Human Rights Council, A/HRC/35/25/Add.3 (24 April 2017) [86].

[17]          Statement of compatibility (SOC) 16.

[18]        See item 1, proposed section 4(1) definition of 'Immigration and Border Protection information', paragraph (a).

[19]        See item 5, proposed paragraph 4(5)(a).

[20]        Explanatory memorandum (EM) 15.

[21]        EM 15.

[22]        See item 21, proposed section 50A.

[23]        EM 18.

[24]          See, article 22 of the ICCPR and article 8 of the ICESCR.

[25]          The Freedom of Association and Protection of the Right to Organize (ILO Convention No. 87) is expressly referred to in the ICCPR and the ICESCR.

[26]          See ILO Convention N.87 article 3.

[27]          See ILO Convention N.87 articles 2, 4. See, also, ILO Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, Fifth Edition (2006) [292]-[308].

[28]          Explanatory Memorandum (EM) 2.

[29]          See proposed section 223, grounds for disqualification, item 9.

[30]          This includes contravening a civil penalty provision or committing a criminal offence under any of the following laws: Fair Work Act 2009 (Fair Work Act); Fair Work (Registered Organisations) Act 2009; Building and Construction Industry (Improving Productivity) Act 2016 (ABCC Act); Part IV of the Competition and Consumer Act 2010; Work Health and Safety Act 2011; each State or Territory OHS law Part 7.8 of the Criminal Code (causing harm to, and impersonation and obstruction of, Commonwealth public officials): See definition of designated law proposed section 9C(2), schedule 1, item 2. 

[31]          Proposed section 9C(2).

[32]          ILO, Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, Fifth Edition (2006) [391].

[33]        Statement of compatibility (SOC) viii.

[34]        SOC v, viii.

[35]        SOC viii.

[36]        SOC ix.

[37]        SOC vi.

[38]        See, UN Committee on Economic Social and Cultural Rights (UNCESCR), Concluding Observations on Australia, E/C.12/AUS/CO/5 (23 June 2017) [29]-30]: 'The Committee is also concerned that the right to strike remains constrained in the State party (art. 8). The Committee recommends that the State party bring its legislation on trade union rights into line with article 8 of the Covenant and with the provisions of the relevant International Labour Organization (ILO) Conventions (nos. 87 and 98), particularly by removing penalties, including six months of incarceration, for industrial action, or the secret ballot requirements for workers who wish to take industrial action'. See, also, ILO CEACR, Observation Concerning Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), Australia, 103rd ILC session, 2013; ILO CEACR, Observation Concerning Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), Australia, 101^st ILC session, 2013; ILO CEACR, Observation Concerning Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), Australia, 99th ILC session, 2009; ILO CEACR, Individual Observation Concerning the Right to Organise and Collective Bargain Convention, 1949, (No. 98), Australia, 99th session, 2009. See also, UNCESCR, Concluding Observations on Australia, E/C.12/AUS/CO/4 (12 June 2009) 5.

[39]        See, Fair Work (Registered Organisations) Act 2009 (including the right to represent members.)

[40]        See proposed section 28C.

[41]        Under proposed section 9C a 'designated finding' is defined to include a finding that a person has contravened a civil penalty provision or committed a criminal offence under any of the following laws: Fair Work Act 2009 (Fair Work Act); Fair Work (Registered Organisations) Act 2009; Building and Construction Industry (Improving Productivity) Act 2016 (ABCC Act); Part IV of the Competition and Consumer Act 2010; Work Health and Safety Act 2011; each State or Territory OHS law; or Part 7.8 of the Criminal Code (causing harm to, and impersonation and obstruction of, Commonwealth public officials): See definition of 'designated law' in proposed section 9C(2), schedule 1, item 2. 'Wider criminal finding' is defined to include that the person has committed an offence against any law of the Commonwealth or a State or Territory.

[42]        See proposed section 28E.

[43]        See proposed section 28F.

[44]        See proposed section 28H. The section covers industrial action other than protected industrial action that prevented, hindered or interfered with a federal system employer or the provision of any public service and that had or is having a substantial adverse impact on the safety, health or welfare of the community or part of the community.

[45]        Proposed sections 28N-28Q.

[46]        ILO Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, Fifth Edition (2006) [295].

[47]        ILO Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, Fifth Edition (2006) [696], [699].

[48]        SOC ix.

[49]        SOC ix.

[50]        SOC ix.

[51]        SOC x.

[52]        Proposed section 323.

[53]        Proposed section 323A.

[54]        ILO Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, Fifth Edition (2006) [450].

[55]        SOC x.

[56]        SOC x.

[57]        'Designated law' has the meaning given in proposed section 9C(a) and includes industrial laws. 

[58]        See proposed section 72A.

[59]        See proposed section 72D.

[60]        ILO, Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, Fifth Edition (2006) [332].

[61]        SOC x.

[62]        ILO, Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, Fifth Edition (2006) [521].

[63]          Explanatory Statement (ES) 2.

[64]          ES 2.

[65]          See, for example, Peck v United Kingdom (2003) 36 EHRR 41.

[66]          Statement of compatibility (SOC) 1.

[67]          Statement of Compatibility (SOC) 16.

[68]          Explanatory Statement (ES) 4.

[69]          SOC 16-17.

[70]          APP 9; APP 6.2(b).

[71]          SOC 17.

[72]          See section 119 of the Regulatory Powers (Standard Provisions) Act 2014 and section 140K(1)(a)(iv) of the Migration Act 1958.

[73]          SOC 16.

[74]          SOC 11, 16.

[75]          See SOC 15,16.

[76]        SOC 11-12.

[77]        See, for example, SOC 16.

[78]        Paragraph 506B(1) to the bill.

[79]        EM 8.

[80]        See, section 7(3) of the Privacy (Tax File Number) Rule 2015.

[81]          See Parliamentary Joint Committee on Human Rights, Twenty-seventh report of the 44th Parliament (8 September 2015) 20-29 and Thirty-first report of the 44th Parliament (24 November 2015) 21-36. Also see, Parliamentary Joint Committee on Human Rights, Social Security (Administration) (Trial - Declinable Transactions) Amendment Determination (No. 2) 2016 [F2016L01248], Report 7 of 2016 (11 October 2016) 58-61.

[82]          See Parliamentary Joint Committee on Human Rights, Eleventh Report of 2013: Stronger Futures in the Northern Territory Act 2012 and related legislation (27 June 2013) and 2016 Review of Stronger Futures measures (16 March 2016).

[83]          See, further, Parliamentary Joint Committee on Human Rights, 2016 Review of Stronger Futures measures (16 March 2016) 39.

[84]          Social Security (Administration) (Trial Area - Ceduna and Surrounding Region) Amendment Determination (No. 2) 2016 [F2016L01424] and Social Security (Administration) (Trial Area – East Kimberley) Amendment Determination 2016 [F2016L01599]. See Parliamentary Joint Committee on Human Rights, Report 8 of 2016 (9 November 2016) 53.

[85]          See Parliamentary Joint Committee on Human Rights, Report 5 of 2017 (14 June 2017) 31-33 and Report 8 of 2017 (15 August 2017) 122-125.

[86]          See Parliamentary Joint Committee on Human Rights, Thirty-first report of the 44th Parliament (24 November 2015) 21-36; 2016 Review of Stronger Futures measures (16 March 2016) 61; and Report 7 of 2016 (11 October 2016) 58-61.

[87]          Parliamentary Joint Committee on Human Rights, 2016 Review of Stronger Futures measures (16 March 2016) 43-63.

[88]          Statement of compatibility (SOC) 1.

[89]          SOC 2.

[90]        Parliamentary Joint Committee on Human Rights, Thirty-first report of the 44th Parliament (24 November 2015) 27.

[91]        Parliamentary Joint Committee on Human Rights, Thirty-first report of the 44th Parliament (24 November 2015) 21-36; 2016 Review of Stronger Futures measures (16 March 2016) 61; Report 7 of 2016 (11 October 2016) 42; and Report 5 of 2017 (14 June 2017) 31-33.

[92]        ORIMA Research, Wave 1 Interim Evaluation Report of the Cashless Debit Card Trial, (February 2017).

[93]        Explanatory memorandum (EM), statement of compatibility (SOC) 3.

[94]        EM, SOC 3.

[95]        ORIMA Research, Wave 1 Interim Evaluation Report of the Cashless Debit Card Trial, (February 2017) 5.

[96]        Defined as 'Making unreasonable financial demands on family members or other local community members'. See ORIMA Research, Wave 1 Interim Evaluation Report of the Cashless Debit Card Trial, (February 2017) 6.

[97]        ORIMA Research, Wave 1 Interim Evaluation Report of the Cashless Debit Card Trial, (February 2017) 34.

[98]        ORIMA Research, Wave 1 Interim Evaluation Report of the Cashless Debit Card Trial, (February 2017) B7.

[99]        J Hunt, The Cashless Debit Card trial evaluation: A short review, Aboriginal Economic Policy Research, Australian National University, (1/2017).

[100]        J Hunt, The Cashless Debit Card trial evaluation: A short review, Aboriginal Economic Policy Research, Australian National University, (1/2017) 2.

[101]        EM, SOC 4.

[102]        SOC 3.

[103]        Previous advice provided to the committee by the Assistant Minister to the Prime Minister in relation to the Debit Card Bill 2015 stated that Indigenous people make up 72% of the total number of trial participants in Ceduna. See Parliamentary Joint Committee on Human Rights, Thirty-first report of the 44th Parliament (24 November 2015) 31. The statement of compatibility to the bill examined in the current report states that, in the East Kimberley, Indigenous people made up around 83% of the total income support payment population who would become trial participants. See SOC 7.

[104]        Article 19 of the United Nations Declaration on the Rights of Indigenous Peoples.

[105]        See Social Security Legislation Amendment (Debit Card Trial) Bill 2015, EM 4.

[106]        See SOC 4.

[107]        See Parliamentary Joint Committee on Human Rights, Social Services Legislation Amendment (Queensland Commission Income Management Regime) Bill 2017, Report 5 of 2017 (14 June 2017) 45-48.

[108]        Parliamentary Joint Committee on Human Rights, Report 5 of 2017 (14 June 2017) 47.

[109]        Parliamentary Joint Committee on Human Rights, 2016 Review of Stronger Futures measures (16 March 2016) 52.

[110]          Protected information is defined by section 56 of the APRA Act to mean information disclosed or obtained under, or for the purposes of, a prudential regulation framework law and relating to the affairs of: (a) a financial sector entity; or (b) a body corporate that has been or is related to a body regulated by APRA or to a registered entity; or (c) a person who has been, is, or proposes to be, a customer of a body regulated by APRA or of a registered entity; or (ca) a person in relation to whom information is, or was, required to be given under a reporting standard made in accordance with subsection 13(4A) of the Financial Sector (Collection of Data) Act 2001.

[111]          See, APRA Act section 56(5).

[112]          Statement of compatibility (SOC) 2.

[113]          SOC 2.

[114]          Explanatory Statement, 1.

[115]          UN Human Rights Committee, General Comment No.16: The Right to Respect of Privacy, Family, Home and Correspondence, and Protection of Honour and Reputation (1988) [8].  

[116]         Parliamentary Joint Committee on Human Rights, Report of 5 of 2017 (14 June 2017) 2-13.

[117]         The committee originally considered the Building and Construction Industry (Improving Productivity) Bill 2013 and Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013 in Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament (11 February 2014) 1-30; Tenth Report of the 44th Parliament (26 August 2014) 43‑77; and Fourteenth Report of the 44th Parliament (28 October 2014) 106-113. These bills were then reintroduced as the Building and Construction Industry (Improving Productivity) Bill 2013 [No. 2] and the Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013 [No. 2]; see Thirty-fourth Report of the 44th Parliament (23 February 2016) 2. The bills were reintroduced to the Senate on 31 August 2016, following the commencement of the 45^th Parliament; see Report 7 of 2016 (11 October 2016) 62-63. See also, International Labour Organization, Committee of Experts on the Application of Conventions and Recommendations, Direct Request, adopted 2016, published 106th ILC session (2017) Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) – Australia.

[118]         See, article 22 of the ICCPR and article 8 of the ICESCR.

[119]         The Freedom of Association and Protection of the Right to Organize (ILO Convention No. 87) is expressly referred to in the ICCPR and the ICESCR.

[120]         ILO General Survey by the Committee of Experts on the Application of Conventions and Recommendations on Freedom of Association and Collective Bargaining (1994), [248]. See, also, ILO Committee of Experts on the Application of Conventions and Recommendations, Individual Observation concerning Right to Organise and Collective Bargaining Convention, 1949 (No. 98) Australia (ratification: 1973), ILO Doc 062009AUS098 (2009).

[121]         See ICCPR article 22.

[122]         See ILO, Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, Fifth Edition (2006) 182 (citing ILO Freedom of Association Committee 308th Report, Case No. 1897, [473]).

[123]         ILO, Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, Fifth Edition (2006) 182 (citing ILO Freedom of Association Committee 330th Report, Case No. 2194, [791]; and 335th Report, Case No. 2293, [1237]).

[124]         Code for the Tendering and Performance of Building Work 2016, Explanatory Statement (ES), statement of compatibility (SOC) 6.

[125]         ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR), Direct Request - adopted 2016, published 106th ILC session (2017), Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Australia http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P11110_COUNTRY_ID,P11110_COUNTRY_NAME,P11110_COMMENT_YEAR:3299912,102544,Australia,2016.

[126]         ILO's Committee on Freedom of Association (CFA Committee), Report in which the committee requests to be kept informed of development - Report No 338, November 2005 Case No 2326 (Australia) - Complaint date: 10 March 2004 http://www.ilo.org/dyn/normlex/en/f?p=1000:50002:0::NO:50002:P50002_COMPLAINT_TEXT_ID:2908523.

[127]         UN Committee on Economic, Social and Cultural Rights, Concluding Observations, Australia, E/C.12/AUS/CO/4 (12 June 2009).

[128]         See, for example, Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament (11 February 2014) 1-30; Tenth Report of the 44th Parliament (26 August 2014) 55-56; Report 7 of 2016 (11 October 2016) 21-24, 62-63; Report 8 of 2016 (9 November 2016) 62-64.

[129]      These include clauses that provide subcontractors need to afford workers equivalent terms and conditions to those contained in the relevant enterprise agreement; that contain limitations on when and the ways in which employers can direct employees to perform work; paid union meetings on work time; and clauses requiring union consultation. 

[130]      See, UN Committee on Economic Social and Cultural Rights (UNCESCR), Concluding Observations on Australia, E/C.12/AUS/CO/5 (23 June 2017) [29]-[30]: 'The Committee is also concerned that the right to strike remains constrained in the State party (art. 8). The Committee recommends that the State party bring its legislation on trade union rights into line with article 8 of the Covenant and with the provisions of the relevant International Labour Organization (ILO) Conventions (nos. 87 and 98), particularly by removing penalties, including six months of incarceration, for industrial action, or the secret ballot requirements for workers who wish to take industrial action.' See, also, ILO CEACR, Observation Concerning Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), Australia, 103rd ILC session, 2013; ILO CEACR, Observation Concerning Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), Australia, 101^st ILC session, 2013; ILO CEACR, Observation Concerning Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), Australia, 99th ILC session, 2009; ILO CEACR, Individual Observation Concerning the Right to Organise and Collective Bargain Convention, 1949, (No. 98), Australia, 99th session, 2009. See also, UNCESCR, Concluding Observations on Australia, E/C.12/AUS/CO/4 (12 June 2009) 5.

[131]                         Section 6(1) of the Code for the Tendering and Performance of Building Work 2016 provides that an entity becomes covered by the code from the first time they submit an expression of interest or tender for commonwealth funded building work.

[132]         ILO's Committee on Freedom of Association (CFA Committee), Report in which the committee requests to be kept informed of development - Report No 338, November 2005 Case No 2326 (Australia) - Complaint date: 10 March 2004 http://www.ilo.org/dyn/normlex/en/f?p=1000:50002:0::NO:50002:P50002_COMPLAINT_TEXT_ID:2908523.

[133]         ILO, Committee of Experts on the Application of Conventions and Recommendations (CEACR), Direct Request - adopted 2016, published 106th ILC session (2017), Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Australia http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P11110_COUNTRY_ID,P11110_COUNTRY_NAME,P11110_COMMENT_YEAR:3299912,102544,Australia,2016.

[134]         UN Committee on Economic Social and Cultural Rights, Concluding Observations on Australia, E/C.12/AUS/CO/5 (23 June 2017) [29].

[135]         ICCPR, article 19(2).

[136]         See, generally, Human Rights Committee, General comment No 34 (Article 19: Freedoms of opinion and expression), CCPR/C/GC/34, paras 21-36 (2011).

[137]         See, ILO, Freedom of Association: Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, Fifth revised edition (2006) [154]-[173]. 

[138]         ES, SOC 8.

[139]         See Attorney-General's Department, Template 2: Statement of compatibility for a bill or legislative instrument that raises human rights issues, at https://www.ag.gov.au/RightsAndProtections/HumanRights/Human-rights-scrutiny/Documents/Template2.pdf.

[140]         See, ILO, Freedom of Association: Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, Fifth revised edition (2006) [161]-[163]. 

[141]         See, ILO, Freedom of Association: Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, Fifth revised edition (2006) [365]-[367]. 

[142]         See, ILO, Freedom of Association: Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, Fifth revised edition (2006) [161]-[163]. 

[143]      ES, SOC 8.

[144]      ES 3.

[145]      ES, SOC 8.

[146]      See ICCPR article 22.

[147]      See ICESCR article 8, ICCPR article 22.

[148]         See, ILO, Freedom of Association: Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, Fifth revised edition (2006) [161]-[163]. 

[149]          Parliamentary Joint Committee on Human Rights, Report 6 of 2017 (20 June 2017) 2-7.

[150]          See, Schedule 11, item 4. One penalty unit increased to $210 as of 1 July 2017.

[151]          Statement of compatibility (SOC) 160.

[152]          Harper, Anderson, McCluskey and O'Bryan, Competition Policy Review, Final Report, March 2015, 71 (emphasis added).

[153]          A 'derivative use' immunity provides that self-incriminatory information or documents provided by a person cannot be used to investigate unlawful conduct by that person but can be used to investigate third parties.

[154]          SOC 160-161.

[155]          SOC 151-152.

[156]          See ILO, Committee of Experts on the Application of Conventions and Recommendations (CEACR) - adopted 2013, published 103rd ILC session (2014); Observation (CEACR) - adopted 2011, published 101st ILC session (2012), Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) – Australia.

[157]          Under section 45D: a person (A) must not engage in conduct, in concert with another person (B) which: hinders or prevents a third person (C) either supplying goods or services to a fourth person (D) or acquiring goods or services from D; and is engaged in for the purpose and would have or be likely to have the effect of causing substantial loss or damage to the business of D.  D must not be an employer of A or B for the purpose of the section.

[158]        See, for example, Australian Competition and Consumer Commission, Press Release ACCC/Maritime Union of Australia, 28 May 1998, http://www.accc.gov.au/content/index.phtml/itemId/87308/fromItemId/378006.

[159]          The Bill of Rights is contained in part 5 of the bill.

[160]          Statement of Compatibility (SOC) 1.

[161]          UN Committee on Economic, Social and Cultural Rights, Concluding observations on the fifth periodic report of Australia (23 June 2017) E/C.12/AUS/CO/5.

[162]          Specifically, section 3 (b) of the bill does not refer to the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of Discrimination Against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Convention on the Rights of Persons with Disabilities. 

[163]          Article 14(1) of the Bill of Rights.

[164]          For example, Article 22 (Property) of the Bill of Rights.

[165]          Parliamentary Joint Committee on Human Rights, Report 4 of 2017, 50; see further Parliamentary Joint Committee on Human Rights, Freedom of Speech in Australia: Inquiry into the operation of Part IIA of the Racial Discrimination Act 1975 (Cth) and related procedures under the Australian Human Rights Commission Act 1986 (Cth).

[166]          See Parliamentary Joint Committee on Human Rights, Guidance Note 1: Drafting Statements of Compatibility (December 2014).

[167]          See Parliamentary Joint Committee on Human Rights, Guide to Human Rights, 7.

[168]        Explanatory Memorandum to the Australian Bill of Rights Bill 2001, 8.

[169]        Article 1 of the Canadian Charter of Rights and Freedoms 1982.

[170]        Article 35 of the UN Declaration on the Rights of Indigenous Peoples.

[171]        Article 6(1) of the ICCPR.

[172]        See Australian Human Rights Commission, Euthanasia, human rights and the law: Issues Paper (May 2016).

[173]        UN Human Rights Committee, Consideration of Reports by States Parties under Article 40 of the Covenant : Concluding observations of the Human Rights Committee – Netherlands, CCPR/CO/72/NET (2001) 2; Australian Human Rights Commission, Euthanasia, human rights and the law: Issues Paper (May 2016) 34-35.

[174]        Pretty v United Kingdom, European Court of Human Rights Application No. 2346/02, 29 April 2002.

[175]        Lambert and Others v France, European Court of Human Rights Application No. 46043/14, 5 June 2015 [147].  

Chapter 2 - Concluded matters

[1]             Federal Financial Relations (National Partnership payments) Determination No. 116 (February 2017) [F2017L00198]; Federal Financial Relations (National Partnership payments) Determination No. 117 (March 2017) [F2017L00413]; Federal Financial Relations (National Partnership payments) Determination No. 118 (April 2017) [F2017L00540]; Federal Financial Relations (National Partnership Payments) Determination No. 119 (May 2017) [F2017L00707]. This report entry also deals with Federal Financial Relations (National Partnership payments) Determination No.121 (29 June 2017) [F2017L00939] and Federal Financial Relations (National Partnership payments) Determination No. 120 (June 2017) [F2017L00943] received since Report 7 of 2017.

[2]             Parliamentary Joint Committee on Human Rights, Report 7 of 2017 (8 August 2017) 2-6.

[3]          See Parliamentary Joint Committee on Human Rights, Twenty-eighth report of the 44th Parliament (17 September 2015) 10-14; Thirtieth report of the 44th Parliament (10 November 2015) 102-109; Report 7 of 2016 (11 October 2016) 40-43; Report 8 of 2016 (9 November 2016) 84-87; and Report 3 of 2017 (28 March 2017) 13-16.

[4]          The committee has previously considered similar issues in relation to the human rights compatibility of funding allocation measures through appropriation bills: See, Parliamentary Joint Committee on Human Rights, Twenty-third report of the 44th Parliament (18 June 2015) Appropriation Bill (No. 3) 2014-2015 and Appropriation Bill (No. 4) 2014-2015, 13-17; Report 2 of 2017 (21 March 2017) Appropriation Bill (No. 3) 2016-2017 and Appropriation Bill (No. 4) 2016-2017, 44-46; Report 5 of 2017 (14 June 2017) Appropriation Bill (No. 1) 2017-2018 and Appropriation Bill (No. 2) 2017-2018, 42-44.

[5]          Explanatory statement, statement of compatibility 2.

[6]          Parliamentary Joint Committee on Human Rights, Report 8 of 2016 (9 November 2016) 84-87.

Appendix 2

[1]          Parliamentary Joint Committee on Human Rights, Guide to Human Rights (June 2015).

[2]          Parliamentary Joint Committee on Human Rights, Guidance Note 1 (December 2014).

[3]          The prohibited grounds of discrimination 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. The prohibited grounds of discrimination are often described as 'personal attributes'.

[4]           Althammer v Austria HRC 998/01, [10.2]. See above, for a list of 'personal attributes'.