Membership of the committee

© Commonwealth of Australia 2018

ISSN 2204-6356 (Print)

ISSN 2204-6364 (Online)

PO Box 6100

Parliament House

Canberra ACT 2600

Phone: 02 6277 3823

Fax: 02 6277 5767

Email: human.rights@aph.gov.au

Website: http://www.aph.gov.au/joint_humanrights/

This document was prepared by the Parliamentary Joint Committee on Human Rights and printed by the Senate Printing Unit, Department of the Senate, Parliament House, Canberra.

Members

Mr Ian Goodenough MP, Chair Moore, Western Australia, LP
Mr Graham Perrett MP, Deputy Chair Moreton, Queensland, ALP
Mr Russell Broadbent MP McMillan, Victoria, LP
Senator Carol Brown Tasmania, ALP
Senator Lucy Gichuhi South Australia, LP
Ms Madeleine King MP Brand, Western Australia, ALP
Mr Julian Leeser MP Berowra, New South Wales, LP
Senator Nick McKim  Tasmania, AG
Senator Claire Moore Queensland, ALP
Senator James Paterson  Victoria, LP

Secretariat[1]

Ms Toni Dawes, Committee Secretary

Ms Zoe Hutchinson, Principal Research Officer

Dr Kate Mitchell, Principal Research Officer

Ms Shennia Spillane, Principal Research Officer
Mr Andrew McIntyre, Senior Research Officer

Mr David Hopkins, Legislative Research Officer

External legal adviser

Dr Jacqueline Mowbray

Committee information

Under the Human Rights (Parliamentary Scrutiny) Act 2011 (the Act), the committee is required to examine bills, Acts and legislative instruments for compatibility with human rights, and report its findings to both Houses of the Parliament. The committee may also inquire into and report on any human rights matters referred to it by the Attorney-General.

The committee assesses legislation against the human rights contained in the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR); as well as five other treaties relating to particular groups and subject matter.[2] Appendix 2 contains brief descriptions of the rights most commonly arising in legislation examined by the committee.

The establishment of the committee builds on Parliament's established tradition of legislative scrutiny. The committee's scrutiny of legislation is undertaken as an assessment against Australia's international human rights obligations, to enhance understanding of and respect for human rights in Australia and ensure attention is given to human rights issues in legislative and policy development.

Some human rights obligations are absolute under international law. However, in relation to most human rights, prescribed limitations on the enjoyment of a right may be justified under international law if certain requirements are met. Accordingly, a focus of the committee's reports is to determine whether any limitation of a human right identified in proposed legislation is justifiable. A measure that limits a right must be prescribed by law; be in pursuit of a legitimate objective; be rationally connected to its stated objective; and be a proportionate way to achieve that objective (the limitation criteria). These four criteria provide the analytical framework for the committee.

A statement of compatibility for a measure limiting a right must provide a detailed and evidence-based assessment of the measure against the limitation criteria.

Where legislation raises human rights concerns, the committee's usual approach is to seek a response from the legislation proponent, or else draw the matter to the attention of the proponent on an advice-only basis.

More information on the committee's analytical framework and approach to human rights scrutiny of legislation is contained in Guidance Note 1 (see Appendix 4).

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