Membership of the committee

[1]        The human rights committee secretariat is staffed by parliamentary officers drawn from the Department of the Senate Legislative Scrutiny Unit (LSU), which usually includes two principal research officers with specialised expertise in international human rights law. LSU officers regularly work across multiple scrutiny committee secretariats.

[2]        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 registered in the relevant period, as listed on the Federal Register of Legislation. See, https://www.legislation.gov.au/.

[3]        UN Human Rights Committee, General Comment No. 34, Article 19: Freedoms of opinion and expression (2011) [28].

[4]        UN Human Rights Committee, General Comment No. 34, Article 19: Freedoms of opinion and expression (2011) [12].

[5]        UN Human Rights Committee, General Comment No. 34, Article 19: Freedoms of opinion and expression (2011) [11].

[6]        Explanatory Memorandum (EM), p. 46.

[7]        Income support payments made to job seekers have 'participation' requirements or 'activity test' requirements, which require the job seeker to seek work or participate in some other labour force preparation activity as a condition of payment.  Participation requirements include attending participation interviews, signing a participation plan with a compulsory work-focused activity, and undertaking the compulsory work-focused activity: see Department of Social Services, Guide to Social Security (2016) [1.1.P.75].  The CDP supports participants receiving a participation payment in meeting their activity test or participation requirements through Newstart Allowance, Youth Allowance (other), Parenting Payment (subject to participation requirements), Social Benefit (nominated visa holders) and the Disability Support Pension: see Explanatory Memorandum (EM) p. 3 [3].

[8]        Social Security Administration Act, section 42AB. 'Declared program participants' are persons who participate in employment services programs specified in a determination made under section 28C of the Social Security Act: see Division 3A of Part 3 of that Act.

[9]        Social Security Administration Act, section 42AB.

[10]        Social Security (Declared Program Participant) Determination 2018, section 5.

[11]        Social Security Administration Act, section 42B.

[12]        Department of Prime Minister and Cabinet, The Community Development Programme (CDP) (2018) https://www.pmc.gov.au/indigenous-affairs/employment/community-development-programme-cdp

[13]        Parliamentary Joint Committee on Human Rights, Report 8 of 2017 (15 August 2017) 46-77; Report 11 of 2018 (17 October 2017) pp. 138-203.

[14]        Social Security Administration Act, sections 42AC, 42AF and 42AL.

[15]        Social Security Administration Act, sections 42AD, 42AG and 42AL.

[16]      Social Security Administration Act, sections 42AH and 42AO.

[17]      Social Security Administration Act, sections 42N and 42P(2).

[18]      Social Security Administration Act, section 42S.

[19]      Social Security Administration Act, section 42NC.

[20]      Social Security Administration Act, section 42AP(5).

[21]      See section 27, which seeks to repeal Division 3A of Part 3 of the Social Security Administration Act 1999, which includes section 42NC that allows the Secretary to not impose a non-payment period if it would cause 'severe financial hardship'.

[22]      The bill seeks to insert a new section 42AEA to the Social Security Administration Act 1999 to define 'subsidised employment' to mean 'employment in respect of which a subsidy of a kind determined in an instrument [made by the secretary] is payable, or has been paid, by the Commonwealth': section 26.

[23]      See section 25 of the bill.

[24]      See UN Committee on Economic, Social and Cultural Rights, General Comment No 19: The right to social security (2008) [28].

[25]      ICESCR article 11(1).

[26]      Parliamentary Joint Committee on Human Rights, Report 11 of 2017 (17 October 2017) [2.465]-[2.467]; Report 8 of 2017 (15 August 2017) p. 71 [1.335], [1.346].  See also Parliamentary Joint Committee on Human Rights, Ninth Report of the 44th Parliament, Social Security Legislation Amendment (Stronger Penalties for Serious Failures) Bill 2014 (15 July 2014) pp. 66-70; Thirty-Second Report of the 44th Parliament, Social Security Legislation Amendment (Further Strengthening Job Seeker Compliance) Bill 2015 (1 December 2015) pp. 92-100; Thirty-Third Report of the 44th Parliament, Social Security Legislation Amendment (Community Development Program) Bill 2015 (2 February 2016) pp. 7-12.

[27]      SOC, p. 19.

[28]      SOC, p. 22.

[29]      SOC, Social Security Legislation Amendment (Welfare Reform) Bill 2017, p. 162.

[30]      Parliamentary Joint Committee on Human Rights, Report 11 of 2017 (17 October 2017) pp. 189 [2.467].

[31]      SOC pp. 21-23. Government statistics indicate the proportion of Indigenous people whose main source of income is welfare increases with remoteness: Australian Institute of Health and Welfare, 'Australia's Welfare – 7.5: Income and employment for Indigenous Australians' (2017) Australian Government https://www.aihw.gov.au/getmedia/2f327206-c315-43a7-b666-4fe24fefc12f/aihw-australias-welfare-2017-chapter7-5.pdf.aspx.

[32]      A recent inquiry on the CDP heard evidence that the impact of payment suspension and cancellation meant CDP participants were going without food and basic necessities: Senate Standing Committee on Finance and Public Administration References Committee, Appropriateness and effectiveness of the objectives, design, implementation and evaluation of the Community Development Programme (CDP) (December 2017) [4.12], [4.47], [4.50], [4.51], [4.53].

[33]      Parliamentary Joint Committee on Human Rights, Report 11 of 2017 (17 October 2017) p. 189 [2.467].

[34]      Holders of subsidised jobs will not be required to comply with mutual obligation requirements:  section 21 of the bill.

[35]      See [1.2] above for an explanation of the types of requirements that constitute mutual obligations.

[36]      Section 42M(4) of the Social Security Administration Act provides that the minister must, by legislative instrument, determine matters that the secretary must take into account in deciding whether a person persistently failed to comply with his or her obligations in relation to a participation payment.

[37]      Social Security (Administration) (Persistent Non-compliance) (Employment) Determination 2015 (No 1) section 5(1).

[38]      Social Security Administration Act, section 42M(1).

[39]      Social Security Administration Act, section 42M(2).

[40]      Social Security Administration Act, section 42AN(3)(a).

[41]      Social Security Administration Act, section 42AN(3)(b).

[42]      See Social Security Administration Act, section 42AP.

[43]      See EM, p. 22.

[44]      Social Security (Administration) Act, sections 42AC and 42AL. Section 12 of the bill creates an exception from the requirement to comply with mutual obligations for subsidised employment holders.

[45]      Social Security (Administration) Act, section 42AL(3).

[46]      Social Security (Administration) Act, section 42AM(3)-(4).

[47]      See the committee's analysis of the TCF in relation to the Welfare Reform Act 2018 in Parliamentary Joint Committee on Human Rights, Report 8 of 2017 (15 August 2017) pp. 46-77; Report 11 of 2017 (17 October 2017) pp. 138-203.

[48]      In relation to this aspect of the measure, the committee considered that narrowing the circumstances in which a person may rely upon their drug and alcohol misuse or dependency as a reasonable excuse may raise concerns as to compatibility with the right to social security and an adequate standard of living, given the potentially serious financial repercussions of payment suspension. See also the committee's assessment of the Social Security (Administration) (Reasonable Excuse – Participation Payments) Determination 2018 in Parliamentary Joint Committee on Human Rights, Report 8 of 2018 (21 August 2018) pp. 30-35. However, as noted earlier, this aspect of the measure did not apply to CDP participants: Explanatory Statement, Social Security (Administration) (Reasonable Excuse – Participation Payments) Determination 2018, p. 2.

[49]      Parliamentary Joint Committee on Human Rights, Report 11 of 2018 (17 October 2017) pp. 138-203, 186 [2.450].

[50]      Explanatory Memorandum, Social Services Legislation Amendment (Welfare Reform) Bill 2017, pp. 88, 92.

[51]      Social Security (Administration) (Reasonable Excuse – Participation Payments) Determination 2018, section 5.

[52]      See Senate Standing Committee on Finance and Public Administration References Committee, Appropriateness and effectiveness of the objectives, design, implementation and evaluation of the Community Development Program (CDP), December 2017 [7.8]. The committee recommends that CDP participants have obligations that are no more onerous than those of other income support recipients, taking into account special circumstances such as remote locations and cultural obligations.

[53]      SOC, p. 19.

[54]      See Sprenger v The Netherlands, Communication No 395/1990, CCPR/C/44/D/395/1990 (1992) [7.2].

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

[56]      Althammer v Austria, Human Rights Committee, Communication No 998/01, CCPR/C/78/D/998/2001 (2003) [10.2].

[57]      See Lindgren et al v Sweden, Communication Nos 298/1988 and 299/1988, CCPR/C/40/D/298/1988 (1991).

[58]      SOC, p. 21.

[59]      Namely, that a person does not commit a mutual obligation failure if the person is in subsidised employment (section 21); a person does not commit a work refusal failure for refusing an offer of subsidised employment (section 23); and a person does not commit an unemployment failure if a person voluntarily leaves a subsidised job or is dismissed from a subsidised job for misconduct.  Otherwise, mutual obligation failures, work refusal failures and unemployment failures carry penalties from suspension to cancellation of income support payments.

[60]      SOC, p. 21.

[61]      SOC, p. 32.

[62]      UN Human Rights Committee, General Comment 18: Non-Discrimination (1989) [13]; Althammer v Austria, Human Rights Committee, Communication No 998/01, CCPR/C/78/D/998/2001 (2003) [10.2].

[63]      EM, pp. 5, 12.

[64]      International Covenant on Economic and Social Rights, article 6(2).

[65]      UN Economic and Social Council, General Comment 18: The right to work (2006) [6].

[66]      SOC, p. 20.

Chapter 2 - Concluded matters

[1]        Parliamentary Joint Committee on Human Rights, Report 6 of 2018 (26 June 2018) pp. 2-29.

[2]        See, Parliamentary Joint Committee on Human Rights, Fourteenth Report of the 44th Parliament (28 October 2014) pp. 3-69; Eighteenth Report of the 44^th Parliament (10 February 2015) pp. 71-73; Nineteenth report of the 44th Parliament (3 March 2015) pp. 56-100; Thirtieth report of the 44th Parliament (10 November 2015) pp. 82-101; and Report 4 of 2018 (8 May 2018) pp. 88-90.

[3]        See, Parliamentary Joint Committee on Human Rights, Report 6 of 2018 (26 June 2018) pp. 2-29.

[4]        See Parliamentary Joint Committee on Human Rights, Fourteenth Report of the 44th Parliament (28 October 2014) p. 3; Sixteenth Report of the 44th Parliament (25 November 2014) p. 7; Nineteenth Report of the 44th Parliament (3 March 2015); Twenty-second Report of the 44th Parliament (13 May 2015); Thirty-sixth Report of 44th Parliament (16 March 2016) p. 85; Report 7 of 2016 (11 October 2016) p. 64.

[5]        Criminal Code, section 104.5.

[6]        Explanatory Memorandum (EM) p. 2; Counter-Terrorism Legislation Amendment Bill (No. 1) 2018 (2018 bill), item 11.

[7]        These amendments include permitting an issuing court to vary an interim control order where there is agreement to a variation between the AFP and the subject of the control order; extending the minimum duration of time between the making of the interim control order and the confirmation proceeding from 72 hours to seven days; providing that the issuing court cannot make cost orders against the controlee except in limited circumstances where the controlee has acted unreasonably in conducting the control order proceedings: see EM, pp. 3-38, 40-41.

[8]        See Criminal Code, section 104.5.

[9]        See Criminal Code, section 104.2; EM p. 8.

[10]      See Criminal Code, sections 104.2 and 104.4.

[11]      See Criminal Code, section 104.4.

[12]      See Criminal Code, section 104.4.

[13]      See Criminal Code, sections 104.5(f), 104.14; EM, statement of compatibility (SOC) p. 8.

[14]      EM, p. 4.

[15]      EM, SOC, from p. 10.

[16]      See, for example, Parliamentary Joint Committee on Human Rights, Thirty-sixth Report of 44th Parliament (16 March 2016) p. 94; Report 7 of 2016 (11 October 2016) p. 69.

[17]      Parliamentary Joint Committee on Human Rights, Report 7 of 2016 (11 October 2016) p. 69.

[18]      EM, SOC, p. 9.

[19]      EM, SOC, p. 7.

[20]      See, for example, Parliamentary Joint Committee on Human Rights, Fourteenth Report of the 44th Parliament (28 October 2014) p. 16.

[21]      See Parliamentary Joint Committee on Human Rights, Thirty-sixth Report of the 44th Parliament (16 March 2016) p. 90; Report 7 of 2016 (11 October 2016) p. 68. See, also, Independent National Security Legislation Monitor, Declassified Annual Report (20 December 2012) p. 30.

[22]      Parliamentary Joint Committee on Human Rights, Report 7 of 2016 (11 October 2016) p. 64.

[23]      INSLM, Reviews of Divisions 104 and 105 of the Criminal Code (including the interoperability of Divisions 104 and 105A): Control Orders and Preventative Detention Orders (2017) pp. 51-54. See, Parliamentary Joint Committee on Intelligence and Security, Review of police stop, search and seizure powers, the control order regime and the preventative detention order regime (1 March 2018) p. 54.

[24]      INSLM, Declassified Annual Report (20 December 2012) p. 4.

[25]      EM, SOC, p. 9.

[26]      Parliamentary Joint Committee on Intelligence and Security, Review of police stop, search and seizure powers, the control order regime and the preventative detention order regime, (February 2018) [3.56] p. 54. 

[27]      INSLM, Reviews of Divisions 104 and 105 of the Criminal Code (including the interoperability of Divisions 104 and 105A): Control Orders and Preventative Detention Orders (2017) pp. 51-54.

[28]      Parliamentary Joint Committee on Human Rights, Thirty-second Report of the 44th Parliament (1 December 2015) p. 11.

[29]      See, for example, Parliamentary Joint Committee on Human Rights, Report 7 of 2016 (11 October 2016) p. 64.

[30]      See Criminal Code, section 104.4.

[31]      EM, SOC, p. 11.

[32]      Parliamentary Joint Committee on Human Rights, Report 7 of 2016 (11 October 2016) p. 64.

[33]      See Criminal Code, section 104.4.

[34]      Parliamentary Joint Committee on Human Rights, Report 7 of 2016 (11 October 2016) p. 64.

[35]      See Criminal Code, subsection 104.4(1)-(2).

[36]      Parliamentary Joint Committee on Human Rights, Fourteenth Report of the 44th Parliament (28 October 2014) p. 17.

[37]      See, for example, Parliamentary Joint Committee on Human Rights, Fourteenth Report of the 44th Parliament (28 October 2014) p. 17.

[38]      See Criminal Code, section 104.4.

[39]      Parliamentary Joint Committee on Human Rights, Report 7 of 2016 (11 October 2016) p. 64.

[40]      Parliamentary Joint Committee on Human Rights, Report 7 of 2016 (11 October 2016) p. 64.

[41]      Under section 104.27 of the Criminal Code it is offence with a maximum penalty of five years imprisonment for contravening a control order.

[42]      Parliamentary Joint Committee on Human Rights, Report 7 of 2016 (11 October 2016) p. 70.

[43]      EM, p. 2.

[44]      EM, SOC, p. 15.

[45]      EM, p. 37.

[46]      See Parliamentary Joint Committee on Human Rights, Fourteenth Report of the 44th Parliament (28 October 2014) p. 3; Sixteenth Report of the 44th Parliament (25 November 2014) p. 7; Nineteenth Report of the 44th Parliament (3 March 2015); Twenty-second Report of the 44th Parliament (13 May 2015); Thirty-sixth Report of 44th Parliament (16 March 2016) p. 85; Report 7 of 2016 (11 October 2016) p. 64.

[47]      The period of detention is up to 48 hours.

[48]      See subsection 105.4(4) of the Criminal Code. There is also the power for a PDO to be issued if a terrorist act has occurred within the last 28 days and it is reasonably necessary to detain the subject to preserve evidence of, or relating to, the terrorist act, and detaining the subject for the period for whi1ch the person is to be detained is reasonably necessary for preserving that evidence (subsection 105.4(6)).

[49]      Criminal Code, section 105.4(5).

[50]      EM, p. 2; Counter-Terrorism Legislation Amendment Bill (No. 1) 2018, item 11.

[51]      Criminal Code, section 105.42.

[52]      Criminal Code, sections 105.34, 105.35, 105.45.

[53]      EM, SOC, p. 19.

[54]      In accordance with the terms of the Human Rights (Parliamentary Scrutiny) Act 2011.

[55]      See, for example, Parliamentary Joint Committee on Human Rights: Fourteenth Report of the 44th Parliament (28 October 2014); Sixteenth Report of the 44th Parliament (25 November 2014); Nineteenth Report of the 44th Parliament (3 March 2015); Twenty-second Report of the 44th Parliament (13 May 2015); and Thirty-Sixth Report of the 44th Parliament (16 March 2016).

[56]      EM, SOC, p.18.

[57]      Parliamentary Joint Committee on Human Rights, Report 7 of 2016 (11 October 2016) p. 64.

[58]      INSLM, Reviews of Divisions 104 and 105 of the Criminal Code (including the interoperability of Divisions 104 and 105A): Control Orders and Preventative Detention Orders (2017) pp. 51-54. See, Parliamentary Joint Committee on Intelligence and Security, Review of police stop, search and seizure powers, the control order regime and the preventative detention order regime (1 March 2018) p. xii.

[59]      INSLM, Declassified Annual Report (20 December 2012) p. 67.

[60]      Parliamentary Joint Committee on Intelligence and Security, Review of police stop, search and seizure powers, the control order regime and the preventative detention order regime, (February 2018) [4.80] p. 103. 

[61]      EM, SOC, p. 18.

[62]      EM, SOC, p. 18.

[63]      Section 101.6 of the Criminal Code makes it an offence to do 'any act in preparation for, or planning a terrorist act'.

[64]      Miller & Carroll v New Zealand (2502/2014) UN Human Rights Committee (2017) [8.5].

[65]      EM, SOC, p. 19.

[66]      See, for example, Parliamentary Joint Committee on Human Rights, Report 7 of 2016 (11 October 2016) p. 64. Schedule 5 of the Counter-Terrorism Legislation Amendment Bill (No. 1) 2016 (now Act) changed the current definition of a 'terrorist act' as being one that is imminent and expected to occur in the next 14 days, to one that 'is capable of being carried out, and could occur, within the next 14 days'.

[67]      In circumstances where a summons against the person would not be effective.

[68]      Criminal Code, subsection 105.4(4)(a). Alternatively, a PDO can be issued in relation to the 'associate' where it is reasonably necessary to preserve evidence after a terrorist attack has occurred: Criminal Code, subsection 105.4(6).

[69]      See, for example, Parliamentary Joint Committee on Human Rights, Report 7 of 2016 (11 October 2016) p. 64. Schedule 5 of the Counter-Terrorism Legislation Amendment Bill (No. 1) 2016 (now Act) changed the current definition of a 'terrorist act' as being one that is imminent and expected to occur in the next 14 days, to one that 'is capable of being carried out, and could occur, within the next 14 days'.

[70]      Miller & Carroll v New Zealand (2502/2014) UN Human Rights Committee (2017) [8.5].

[71]      Parliamentary Joint Committee on Human Rights, Report 7 of 2016 (11 October 2016) p. 77.

[72]      See, for example, Parliamentary Joint Committee on Human Rights, Fourteenth Report of the 44th Parliament (28 October 2014); Nineteenth Report of the 44th Parliament (3 March 2015); Thirtieth Report of the 44th Parliament (10 November 2015).

[73]      EM, Anti-Terrorism Bill (No 2) 2005, p. 1.

[74]      'Commonwealth place' means a place (not being the seat of government) with respect to which the Parliament, by virtue of section 52 of the Constitution, has, subject to the Constitution, exclusive power to make laws for the peace, order, and good government of the Commonwealth: Commonwealth Places (Application of Laws) Act 1970, section 3.

[75]      The minister may, upon application from a police officer, declare, in writing, a Commonwealth place to be a 'prescribed security zone' if the minister considers that a declaration would assist in preventing a terrorist act occurring, or in responding to a terrorist act that has occurred: Crimes Act 1914, section 3UJ.

[76]      Crimes Act 1914, sections 3UC-3UE.

[77]      Crimes Act 1914, section 3UEA.

[78]      EM, SOC, p. 26; Crimes Act 1914, section 3UEA.

[79]      EM, SOC, p. 26; Counter-Terrorism Legislation Amendment Bill (No. 1) 2018 (2018 bill), item 11.

[80]      As noted in the committee's Fourteenth Report of the 44th Parliament (28 October 2014) p. 28: These powers may also engage and limit the right to freedom of expression; the right to be treated with humanity and dignity; and the right to equality and non-discrimination.

[81]      Parliamentary Joint Committee on Human Rights, Nineteenth Report of the 44th Parliament (3 March 2015) p. 69.

[82]      In accordance with the terms of the Human Rights (Parliamentary Scrutiny) Act 2011.

[83]      Parliamentary Joint Committee on Human Rights, Nineteenth Report of the 44th Parliament (3 March 2015) p. 69.

[84]      EM, SOC, p. 26.

[85]      EM, SOC, pp. 26-27.

[86]      See, Parliamentary Joint Committee on Human Rights, Fourteenth Report of the 44th Parliament (28 October 2014) pp. 25-28.

[87]      See, Parliamentary Joint Committee on Human Rights, Fourteenth Report of the 44th Parliament (28 October 2014) pp. 25-28.

[88]      Section 3R of the Crimes Act 1914.

[89]      Division 2 of Part IAA of the Crimes Act 1914.

[90]      Section 3R of the Crimes Act 1914.

[91]      Division 2 of Part IAA of the Crimes Act 1914.

[92]      Parliamentary Joint Committee on Human Rights, Nineteenth Report of the 44th Parliament (3 March 2015) p. 69.

[93]        Parliamentary Joint Committee on Human Rights, Report 7 of 2018 (14 August 2018)
pp. 48-64.

[94]        See subsection 42(1)(b).

[95]        Under proposed subsection 43(1)(a) these associations include 'that the person is or was a staff member of ONI, that the person has entered into any contract, agreement or arrangement with ONI or that the person has been an employee or agent of a person who has entered into a contract, agreement or arrangement with ONI'. See explanatory memorandum (EM), p. 38.

[96]        Under proposed subsection 44(1)(a) 'dealing with' information includes copying a record, transcribing a record, retaining a record, removing a record, or dealing with a record in any other manner.

[97]        Under the bill, Director-General means the Director-General of National Intelligence, whose functions include overseeing and managing ONI. See division 1 of part 3 of the bill.

[98]        See proposed subsections 42(2), 43(2) and 44(3).

[99]        See proposed subsections 42(3) and 43(3).

[100]        See proposed subsection 44(4).

[101]        See proposed subsection 43(3).

[102]      See, respectively, Parliamentary Joint Committee on Human Rights, Report 3 of 2018 (27 March 2018) pp. 213-279; Report 11 of 2017 (17 October 2017) pp. 72-83; Report 7 of 2016 (11 October 2016) pp. 64-83; and Sixteenth Report of the 44th Parliament (25 November 2014) pp. 33-60.

[103]      See, generally, UN Human Rights Committee, General comment No 34 (Article 19: Freedoms of opinion and expression), CCPR/C/GC/34 (2011) [21]-[36]. The right to freedom of expression may be subject to limitations that are necessary to protect the rights or reputations of others, national security, public order, or public health or morals.

[104]      EM, Statement of compatibility (SOC), p. 13.

[105]      EM, SOC, p. 13.

[106]      This includes the Australian Security Intelligence Organisation (ASIO), Australian Secret Intelligence Service (ASIS), Defence Intelligence Organisation (DIO), Australian Signals Directorate (ASD) and the Australian Geospatial-Intelligence Organisation (AGO), the Australian Criminal Intelligence Commission (ACIC); and the intelligence functions of the Department of Home Affairs, the Australian Federal Police (AFP), the Australian Transaction Reports and Analysis Centre (AUSTRAC) and the Department of Defence.

[107]      See division 1 of part 4 of the bill.

[108]      EM, SOC, p. 13.

[109]      As stated above, under proposed subsection 44(1)(a) 'dealing with' information includes copying a record, transcribing a record, retaining a record, removing a record, or dealing with a record in any other manner.

[110]      See section 8 of division 2 of part 2 of the National Security Information (Criminal and Civil Proceedings) Act 2004.

[111]      See section 10 of division 2 of the National Security Information (Criminal and Civil Proceedings) Act 2004.

[112]      See EM, SOC, p. 38.

[113]      Section 41 of the Public Interest Disclosure Act 2013 defines 'intelligence information' to include 'information that has originated with, or has been received from, an intelligence agency'.

[114]      EM, SOC, p. 12.

[115]      EM, SOC, p. 12.

[116]      EM, p. 37.

[117]      Article 17 of the International Covenant on Civil and Political Rights.

[118]      SOC, p. 8.

[119]      SOC, p. 8.

[120]      SOC, p. 8.

[121]      SOC, p. 9.

[122]      SOC, p. 9.

[123]      SOC, p. 9.

[124]      'Identifiable information' means information about an Australian citizen or permanent resident, who is identified or reasonably identifiable: section 4.

[125]      SOC, p. 9. See section 53 of the bill.

[126]      SOC, p. 9.

[127]      'Identifiable information' means information about an Australian citizen or permanent resident, who is identified or reasonably identifiable: section 4.

[128]      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'.

[129]      Althammer v Austria, Human Rights Committee Communication no. 998/01 (8 August 2003) [10.2].

[130]      UN Committee on the Elimination of Racial Discrimination, General Recommendation 30: Discrimination against non-citizens (2004).

[131]      SOC, p. 6.

[132]      SOC, p. 6.

[133]      UN Human Rights Committee, Concluding observations on the fifth periodic report of Australia, CCPR/C/AUS/CO/5, 7 May 2009, [20].

[134]      Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment 1984, article 4(2); UN Human Rights Committee, General Comment 20: Article 7 (1992) HRI/GEN/1, [3].

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'.