Footnotes

Chapter 1 - Introduction

[1]        See http://www.ag.gov.au/Consultations/Documents/Publicsubmissionsonthedraftbaselinestudy/AustraliasHumanRightsFramework.pdf.

[2]        The committee's resolution of appointment is available at: http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/.

Chapter 2

[1]        The LA provides that certain instruments are exempt from disallowance by providing either that a type of instrument is not a legislative instrument for the purposes of the LA (section 9) or is otherwise not subject to disallowance (section 42). Prior to March 2016, the LA was called the Legislative Instruments Act 2003. References in this report are generally to the current provisions of the LA.

[2]        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; and the right to non-refoulement.

[3]        See Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

[4]        See Guidance Note 1 at Appendix 2. During this reporting period the committee set out its expectations for statements of compatibility in its Practice Note 1. This practice note can be found at Appendix 2 of the committee's reports from its Sixth Report of the 44th Parliament onwards. The committee replaced Practice Note 1 with Guidance Note 1 in December 2014.

[5]        The structure of the committee's reports has evolved since the reporting period. During the reporting period the committee set out each bill introduced into the Parliament in chapter one, including where it raised no human rights concerns. Between the beginning of the reporting period and the committee's Fifth Report of the 44th Parliament the committee structured reports into separate parts for bills and instruments; it then separated the legislation within each part as to its likelihood to engage human rights. The committee's reports also contained an executive summary during the reporting period which set out the statistics and content of legislation considered in each report.

[6]        During this reporting period the committee set out its expectations for statements of compatibility in its Practice Note 1 and advice on civil penalties in its Practice Note 2 (Interim). These practice notes can be found at Appendix 2 of the committee's reports from its Sixth Report of the 44th Parliament onwards. The committee replaced Practice Note 1 and Practice Note 2 (Interim) with Guidance Note 1 and Guidance Note 2 in December 2014.

[7]        The committee's first Guide to Human Rights was published in March 2014, during the reporting period. This guide was updated in June 2015.

[8]        The Index of instruments raising human rights concerns was created in January 2016, and was not available during the reporting period. During the reporting period the committee listed the instruments considered as part of each report at Appendix 1 to the relevant report.

[9]        The Index of bills is available at http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Index_of_bills_and_instruments.

Chapter 3 - Work of the committee in 2013-14

[1]        The committee's reports are available on its website at: http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Completed_inquiries.

[2]        Articles 6(1), 7 and 8(1)(a) of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

[3]        Article 14 of the International Covenant on Civil and Political Rights (ICCPR).

[4]        Article 17 of the ICCPR.

[5]        Article 14 of the ICCPR.

[6]        Article 9 of the ICESCR.

[7]        Article 11(1) of the ICESCR.

[8]        Article 12(1) of the ICESCR.

[9]        See Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament (11 February 2014), Building and Construction Industry (Improving Productivity) Bill 2013 and the Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013, 1; Fifth Report of the 44th Parliament (25 March 2014), Fair Work (Registered Organisations) Amendment Bill 2013, 63; and Seventh Report of the 44th Parliament (18 June 2014), Fair Work Amendment Bill 2014, 13.

[10]      See, for example, Parliamentary Joint Committee on Human Rights, Fourth Report of the 44th Parliament (18 March 2014), Migration Amendment (Regaining Control over Australia's Protection Obligations) Bill 2013, 51; Migration Amendment (Subclass 050 and Subclass 051 Visas) Regulation 2013, Migration Amendment (Disclosure of Information) Regulation 2013 [F2013L02101], Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013 [F2013L02102] and Code of Behaviour for Public Interest Criterion 4022—IMMI 13/155 [F2013L02105], 75; and Migration Amendment (Temporary Protection Visas) Regulation 2013 [F2013L01811], 133.

[11]      See, for example, Parliamentary Joint Committee on Human Rights, Fourth Report of the 44th Parliament (18 March 2014), Migration Amendment (Regaining Control over Australia's Protection Obligations) Bill 2013, 51.

[12]      See, for example, Parliamentary Joint Committee on Human Rights, Fourth Report of the 44th Parliament (18 March 2014), Migration Amendment (Subclass 050 and Subclass 051 Visas) Regulation 2013 [F2013L01218], 75.

[13]      See Parliamentary Joint Committee on Human Rights, Seventh Report of the 44th Parliament (18 June 2014), Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013 [F2013L02102] and Code of Behaviour for Public Interest Criterion 4022—IMMI 13/155 [F2013L02105], 90.

[14]      See Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament (11 February 2014), Social Services and Other Legislation Amendment Bill 2013, 159; Third Report of the 44th Parliament (4 March 2014), Social Security Legislation Amendment (Green Army Programme) Bill 2014,  11, and Social Security Legislation Amendment (Increased Employment Participation) Bill 2014, 15; Eighth Report of the 44th Parliament (24 June 2014) Family Assistance Legislation Amendment (Child Care Measures) Bill 2014, 16, and Paid Parental Leave Amendment Bill 2014, 54.

[15]      The committee has described deliberate retrogressive measures to mean any measure which implies a backwards step in the level of protection of ICESCR rights as a consequence of an intentional decision by the state and includes any unjustified reduction in public expenditure in the absence of adequate compensatory measures aimed to protect the affected individuals. Deliberate retrogressive measures are not prohibited per se under international human rights law but will require close justification, even during times of severe resource constraints, whether caused by a process of adjustment, economic recession, or by other factors. See Parliamentary Joint Committee on Human Rights, Fifth Report of 2013: Social Security Legislation Amendment (Fair Incentives to Work) Act 2012 (20 March 2013), 16.

[16]      See, for example, Parliamentary Joint Committee on Human Rights, First Report of the 44th Parliament (10 December 2013), Executive Summary, xv.

[17]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament (11 February 2014), Executive Summary, x-xi.

[18]      See, for example, Parliamentary Joint Committee on Human Rights, Eighth Report of the 44th Parliament (24 June 2014), Australian Citizenship (Intercountry Adoption) Bill 2014, 8-10.

[19]      See, for example, Parliamentary Joint Committee on Human Rights, First Report of the 44th Parliament (10 December 2013), Australian Citizenship Amendment (Special Residence Requirements) Bill 2013, 215.

[20]      Parliamentary Joint Committee on Human Rights, Third Report of 2013 (13 March 2013), xii and Seventh Report of 2013 (5 June 2013), xi‑xii.

[21]      See Parliamentary Joint Committee on Human Rights, Third Report of the 44th Parliament (4 March 2014), consideration of Appropriation (Parliamentary Departments) Bill (No. 2) 2013‑2014, Appropriation Bill (No. 3) 2013-2014, and Appropriation Bill (No. 4) 2013-2014, 3‑5.

[22]      Parliamentary Joint Committee on Human Rights, Eighth Report of the 44th Parliament (24 June 2014), consideration of Appropriation (Parliamentary Departments) Bill (No. 2) 2013‑2014, Appropriation Bill (No. 3) 2013-2014, and Appropriation Bill (No. 4) 2013-2014, 32.

[23]      See Parliamentary Joint Committee on Human Rights, Sixth Report of 2013 (15 May 2013); Seventh Report of 2013 (5 June 2013) and Tenth Report of 2013 (26 June 2013).

[24]      See Parliamentary Joint Committee on Human Rights, First Report of the 44th Parliament (10 December 2013) 165-167.

[25]      These included the Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Iran) Amendment List 2013 (No. 1) [F2013L01312] and Charter of the United Nations (Sanctions - Democratic People's Republic of Korea) Amendment Regulation 2013 (No. 1) [F2013L01384] (deferred in the committee's First Report of the 44th Parliament); and the Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Democratic People's Republic of Korea) Amendment List 2013 [F2013L02049] (deferred in the committee's Second Report of the 44th Parliament).

[26]      See Parliamentary Joint Committee on Human Rights, Examination of the Stronger Futures in the Northern Territory Act 2012 and related legislation (26 June 2013).

[27]      These included the Social Security (Administration) (Recognised State/Territory Authority—NT Alcohol Mandatory Treatment Tribunal) Determination 2013 [F2013L01949] and Stronger Futures in the Northern Territory Regulation 2013 [F2013L01442] (deferred in the committee's First Report of the 44th Parliament); and the Social Security (Administration) (Recognised State/Territory Authority—Qld Family Responsibilities Commission Determination 2013 [F2013L02153] (deferred in the committee's Second Report of the 44th Parliament).

[28]      The Index of bills is available at http://www.aph.gov.au/Parliamentary_Business/Committees/
Joint/Human_Rights/Index_of_bills_and_instruments. As of January 2016, the committee also publishes an Index of instruments, which can also be found at the above address.

[29]      The Guide to Human Rights is available at http://www.aph.gov.au/Parliamentary_Business/
Committees/Joint/Human_Rights/Guidance_Notes_and_Resources.