Footnotes

Chapter 1

[1]        Items were classified as form letters where they contained an easily identifiable template of wording. An item was included as a variation to a particular form letter where the template of the form letter was used either with or without personal additions to that template.

[2]        See:  http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights_inquiries/FreedomspeechAustralia.

Chapter 2

[1]        Parliamentary Joint Committee on Human Rights, Inquiry report: Freedom of speech in Australia, Terms of Reference, Chapter 1 at paragraph [1.1].

[2]        Hon Michael Lavarch, Attorney-General, House of Representatives Hansard, Second reading speech, 15 November 1994, 3336; and Human Rights and Equal Opportunity Commission (HREOC), Racist Violence: National Inquiry into Racist Violence in Australia, March1991. 

[3]        Hon Michael Lavarch, Attorney-General, House of Representatives Hansard, Second reading speech, 15 November 1994, 3336; explanatory memorandum to the Racial Hatred Bill 1994, 1 (EM 1994).

[4]        Hon Michael Lavarch, Attorney-General, House of Representatives Hansard, Second reading speech, 15 November 1994, 3336; Australian Law Reform Council, Multiculturalism and the Law (1991).

[5]        International Convention on the Elimination of All Forms of Racial Discrimination (CERD) article 4, International Covenant on Civil and Political Rights (ICCPR) article 20. See, also, Hon Michael Lavarch, Attorney-General, House of Representatives Hansard, 16 November 1994, 3341.

[6]        CERD, opened for signature 7 March 1966, 660 UNTS 195 (entry into force in Australia 30 November 1975); ICCPR, opened for signature 19 December 1966, 999 UNTS 171 (entered into force in Australia 13 November 1980).

[7]        Centre for Comparative Constitutional Studies, Submission 137, 3.

[8]        Racial Hatred Bill 1994.

[9]        EM 1994, 1.

[10]      EM 1994, 1.

[11]      EM 1994, 1.

[12]      EM 1994, 1.

[13]      See, for example: Discrimination Law Expert Group, Submission 118, 8; Centre for Comparative Constitutional Studies, Submission 137, 3; Kate Eastman SC and Trent Glover, Submission 157,  1-2.

[14]      [2002] FCA 1080.

[15]      Kiefel J is now the Chief Justice of the High Court.

[16]      [2001] FCA 1007, [16].

[17]      Bropho v Human Rights and Equal Opportunity Commission (2004) 135 FCR 105 at 131, [70] (French J) (Bropho); Jones v Scully (2002) 120 FCR 243, [102]; Eatock v Bolt (2011) 197 FCR 261 at [267]-[268] (Justice Bromberg) (Eatock).

[18]      McGlade v Lightfoot (2002) 124 FCR 106, 120 at [61]-[62].

[19]      See, for example: Law Institute of Victoria, Submission 184, 4; Mr Iain Anderson, Deputy Secretary, Attorney-General's Department, Committee Hansard, 17 February 2017, 21-22.

[20]      Racial Discrimination Act 1975 (RDA), section 18C.

[21]      Hagan v Trustees of the Toowoomba Sports Ground Trust (2001) 105 FLR 56, [15].

[22]      Eatock (2011) 197 FCR 261, [243], [250].

[23]      RDA section 18D.

[24]      Dean Alston, 'Cartoons are risky business', The West Australian, 6 November 2016, https://thewest.com.au/news/wa/cartoons-are-risky-business-dean-alston-ng-ya-122268.

[25]      Simon Breheny, Director of Policy, the Institute of Public Affairs, Committee Hansard, 31 January 2017, 27.

[26]      Mr Justin Quill, Nationwide News, Committee Hansard, 10 February 2017, 36; Dr Augusto Zimmerman, Committee Hansard, 3 February 2017, 26.

[27]      Dr Augusto Zimmerman, Committee Hansard, 3 February 2017, 26.

[28]      Dr Sev Ozdowski, Committee Hansard, 1 February 2017, 21.

[29]      Mr Justin Quill, Nationwide News, Committee Hansard, 10 February 2017, 36.

[30]      Mr Bill Leak, Committee Hansard, 10 February 2017, 36.

[31]      Paul Zanetti, Committee Hansard, 10 February 2017, 85.

[32]      Ms Sarah Waladan, Free TV Australia, Committee Hansard, 2 February 2017, 54.

[33]      Professors Luke McNamara and Katharine Gelber, Submission 2, 3.

[34]      See, for example: Dr Andre Oboler, Victorian Multicultural Faith and Community Coalition, Committee Hansard, 31 January 2017, 4; Ms Adrianne Walters, Human Rights Law Centre, Committee Hansard, 31 January 2017, 20.

[35]      See, for example: Institute of Public Affairs, Submission 58, 27; Mr Graham Young, Executive Director, Australian Institute for Progress, Committee Hansard, 10 February 2017, 15.

[36]      Mr Graham Young, Executive Director, Australian Institute for Progress, Committee Hansard, 10 February 2017, 15.

[37]      Mr Graham Young, Executive Director, Australian Institute for Progress, Committee Hansard, 10 February 2017, 20.

[38]      See, for example: Aboriginal Legal Service, Submission 59, 14; Ms Karly Warner, Executive Officer, National Aboriginal and Torres Strait Islander Legal Services, Committee Hansard, 31 January 2017, 12; Mr Peter Wertheim, Executive Director, Executive Council of Australian Jewry, Committee Hansard, 1 February 2017, 61; Australian Council of Human Rights Authorities, Submission 149, 19.

[39]      Ms Sally Sievers, Anti-Discrimination Commissioner, Northern Territory Anti-Discrimination Commission, Committee Hansard, 20 February 2017, 3.

[40]      Ms Robin Banks, Anti-Discrimination Commissioner, Equal Opportunity Tasmania, Committee Hansard, 30 January 2017, 3.

[41]      See, for example: Institute of Public Affairs, Submission 58, 27.

[42]      See, for example: Mr Romlie Mokak, Chief Executive Officer, Lowitja Institute, Committee Hansard, 31 January 2017, 19; Mr George Vardas, Secretary, Australian Hellenic Council of NSW, Committee Hansard, 17 February 2017 15; Dr Andre Oboler, Victorian Multicultural Faith and Community Coalition, Committee Hansard, 31 January 2017, 5.

[43]      Councillor Jacinta Price, Committee Hansard, 20 February 2017, 27.

[44]      See, for example: Mr Paul Murphy, Chief Executive, Media, Entertainment and Arts Alliance, Committee Hansard, 17 February 2017, 6.

[45]      See, for example: Mr Martyn Iles, Legal Counsel, Australian Christian Lobby, Committee Hansard, 40; Mr Justin Quill, Nationwide News, Committee Hansard, 10 February 2017, 36, 38; Australian Christian Lobby, Submission 114, 5; Mr Brett Savill, Chief Executive Officer, Free TV Australia, Committee Hansard, 2 February 2017, 52.

[46]      Australian Law Reform Commission, Traditional Rights and Freedoms—Encroachment by Commonwealth Laws, Final Report, December 2015.

[47]      Australian Law Reform Commission, Traditional Rights and Freedoms—Encroachment by Commonwealth Laws, Final Report, December 2015, 119.

[48]      Professor Rosalind Croucher, President, Australian Law Reform Commission Committee Hansard, 2 February 2017, 2.

[49]      Professor Sarah Joseph, Director, Castan Centre for Human Rights Law, Committee Hansard, 30 January 2017, 13-14.

[50]      Mr Martyn Iles, Legal Counsel, Australian Christian Lobby, Committee Hansard, 30 January 2017, 40.

[51]      Mr Martyn Iles, Legal Counsel, Australian Christian Lobby, Committee Hansard, 30 January 2017, 40.

[52]      Professor Adrienne Stone, Director, Centre for Comparative Constitutional Studies, University of Melbourne, Committee Hansard, 31 January 2017, 46.

[53]      Associate Professor Gabrielle Appleby, Professor Rosalind Dixon, Ms Gemma McKinnon, Associate Professor Sean Brennan (Gilbert + Tobin Centre of Public Law at UNSW), Submission 107, 2.

[54]      Associate Professor Gabrielle Appleby, Professor Rosalind Dixon, Ms Gemma McKinnon, Associate Professor Sean Brennan (Gilbert + Tobin Centre of Public Law at UNSW), Submission 107, 3. Recommended amendments underlined.

[55]      See, for example: Dr Yadu Singh, President, Federation of Indian Associations of NSW, Committee Hansard, 37; Professor Adrienne Stone, Director, Centre for Comparative Constitutional Studies, University of Melbourne, Committee Hansard, 31 January 2017, 46. See, also, Professor George Williams, Committee Hansard, 1 February 2017, 75; Professor Anne Twomey, Committee Hansard, 1 February 2017,76; Gilbert + Tobin Centre for Public Law, Submission 107, 2.

[56]      See, for example: Mr Hugh de Kretser, Executive Director, Human Rights Law Centre, Committee Hansard, 31 January 2017, 23; Ms Stephanie Cousins, Advocacy and External Affairs Manager, Amnesty International Australia, Committee Hansard, 1 February 2017, 32; Mr Peter Wertheim, Executive Director, Executive Council of Australian Jewry, Committee Hansard, 1 February 2017, 64; Mr Bill Swannie, Chair, Human Rights/Charter of Rights Committee, Law Institute of Victoria, Committee Hansard, 31 January 2017, 61.

[57]      Mr Peter Wertheim, Executive Director, Executive Council of Australian Jewry, Committee Hansard, 1 February 2017, 64.

[58]      Mr Hugh de Kretser, Executive Director, Human Rights Law Centre, Committee Hansard, 31 January 2017, 23.

[59]      Mr Iain Anderson, Deputy Secretary, Attorney-General's Department, Committee Hansard, 17 February 2017, 20-21.

[60]      Professor Sarah Joseph, Castan Centre for Human Rights Law, Committee Hansard, 14; Mr Paul Murphy, Chief Executive, Media, Entertainment and Arts Alliance, Committee Hansard, 17 February 2016, 6; Dr Murray Wesson, Adjunct Professor Holly Cullen, Ms Fiona McGaughey, Submission 133, 6; Caxton Legal Centre and Townsville Community Legal Service, Submission 23, 3 

[61]      Mr Paul Murphy, Chief Executive, Media, Entertainment and Arts Alliance, Committee Hansard, 17 February 2017, 6.  

[62]      NSW Council for Civil Liberties, Submission 146, 10.

[63]      NSW Young Liberal Movement, Submission 22, 3.

[64]      Dr Murray Wesson, Adjunct Professor Holly Cullen and Ms Fiona McGaughey, Submission 133, 16.

[65]      Dr Murray Wesson, Adjunct Professor Holly Cullen and Ms Fiona McGaughey, Submission 133, 16.

[66]      Professor Sarah Joseph, Castan Centre for Human Rights Law, Committee Hansard, 30 January 2017, 14.

[67]      Professor Sarah Joseph, Castan Centre for Human Rights Law, Committee Hansard, 30 January 2017, 19; Mr Paul Murphy, Chief Executive, Media, Entertainment and Arts Alliance, Committee Hansard, 17 February 2017, 6; Dr Murray Wesson, Committee Hansard, 3 February 2017, 30.

[68]      Associate Professor Gabrielle Appleby, Professor Rosalind Dixon, Ms Gemma McKinnon, Associate Professor Sean Brennan (Gilbert + Tobin Centre of Public Law at UNSW), Submission 107, 3. Recommended amendments underlined.

[69]      Caxton Legal Centre and Townsville Community Legal Service, Submission 23, 3. 

[70]      Mr Gregory McIntyre SC, President, Western Australian Branch, International Commission of Jurists, Committee Hansard, 3 February 2017, 1.

[71]      See Mr Simon Breheny, Director of Policy, IPA, Committee Hansard, 31 January 2017, 30; Professor James Allan, Committee Hansard, 2 February 2017, 41-42; Mr Justin Quill, Nationwide News, Committee Hansard, 10 February 2017, 40.

[72]      Mr Joshua Forrester, Dr Augusto Zimmermann and Ms Lorraine Finlay, Submission 181, 3.

[73]      Mr Joshua Forrester, Dr Augusto Zimmermann and Ms Lorraine Finlay, Submission 181, 85-86, see also 83-97 generally.

[74]      Mr Tim Wilson MP, Submission 203, 9.

[75]      Concerns about the approach were identified by Mr Joshua Forrester, Dr Augusto Zimmermann and Ms Lorraine Finlay, Submission 181, 83.

[76]      HREOC, Racist Violence: Report of the National Inquiry into Racist Violence in Australia, March 1991, 298-99, 301-302.

[77]      HREOC, Racist Violence: Report of the National Inquiry into Racist Violence in Australia, March 1991, 298-99.

[78]      Australian Lawyers for Human Rights, Submission 5, 13.

[79]      Justice Ronald Sackville, Opening statement, 2 (tabled 1 February 2017).

[80]      Professor George Williams, Committee Hansard, 1 February 2017, 75; Professor Anne Twomey, Committee Hansard, 1 February 2017, 76.

[81]      Justice Ronald Sackville AO, Committee Hansard, 1 February 2017, 40; Professor George Williams, Committee Hansard, 1 February 2017, 75; Professor Anne Twomey, Committee Hansard, 1 February 2017, 76.

[82]      Justice Ronald Sackville AO, Committee Hansard, 1 February 2017, 40.

[83]      Ms Sarah Waladan, Head of Legal and Regulatory Affairs, Free TV Australia, Committee Hansard, 2 February 2017, 54.

[84]      Justice Ronald Sackville, Opening statement, 2, (tabled 1 February 2017).

[85]      Justice Ronald Sackville AO, Committee Hansard, 1 February 2017, 41.

[86]      Professor George Williams, Committee Hansard, 1 February 2017, 76; Professor Anne Twomey, Committee Hansard, 1 February 2017, 76.

[87]      Professor Adrienne Stone, Director, Centre for Comparative Constitutional Studies, University of Melbourne, Committee Hansard, 31 January 2017, 48.

[88]      Mr Peter Wertheim, Executive Director, Executive Council of Australian Jewry, Committee Hansard, 1 February 2017, 63-64.

[89]      Mr Justin Quill, Nationwide News, Committee Hansard, 10 February 2017, 36.

[90]      Mr Martyn Iles, Legal Counsel, Australian Christian Lobby, Committee Hansard, 30 January 2017, 42; Mr Jonathan Holmes, Committee Hansard, 1 February 2017, 57; Mr Joshua Forrester, Committee Hansard, 3 February 2017, 23; Mr Laurence Maher, Committee Hansard, 3 February 2017, 46.

[91]      Mr Joshua Forrester, Committee Hansard, 3 February 2017, 23.

[92]      Mr Iain Anderson, Deputy Secretary, Attorney-General's Department, Committee Hansard, 17 February 2017, 20, 22-23.

[93]      Mr Peter Wertheim, Executive Director, Executive Council of Australian Jewry, Committee Hansard, 1 February 2017, 63.

[94]      Associate Professor Gabrielle Appleby, Professor Rosalind Dixon, Ms Gemma McKinnon, Associate Professor Sean Brennan (Gilbert + Tobin Centre of Public Law at UNSW), Submission 107, 3 (emphasis in original). See also, Federation of Indian Associations, Submission 112, 5.

[95]      Essential Media Communications, Essential Report – Racial Discrimination Act (November 2016) at http://www.essentialvision.com.au/racial-discrimination-act-2; Essential Report – Racial Discrimination Act (September 2016) at http://www.essentialvision.com.au/racial-discrimination-act.

[96]      See, for example: Professor Luke McNamara and Professor Katharine Gelber, Submission 2, 2-3; Ms Tasneem Chopra, Australian Muslim Women's Centre for Human Rights, Committee Hansard, 31 January 2017, 4; Dr Andre Oboler, Victorian Multicultural Faith and Community Coalition, Committee Hansard, 31 January 2017, 7.

[97]      Dr Colin Rubenstein, Executive Director, Australia/Israel and Jewish Affairs Council, Committee Hansard, 31 January 2017, 60.

[98]      Executive Council of Australian Jewery, Submission 11, 7.

[99]      Ms Tasneem Chopra, Chairperson, Australian Muslim Women's Centre for Human Rights Committee Hansard, 31 January 2017, 4.

[100]    Mr Ramdas Sankaran, President, Ethnic Communities Council of WA Inc., Committee Hansard, 3 February 2017, 12

[101]    Dr Andre Oboler, Victorian Multicultural Faith and Community Coalition, Committee Hansard, 31 January 2017, 7; Ms Karly Warner, Executive Officer, National Aboriginal and Torres Strait Islander Legal Services, Committee Hansard, 31 January 2017, 12; Refugee Council of Australia, Submission 8, 2.

[102]    Ms Sally Sievers, Anti-Discrimination Commissioner, Northern Territory Anti-Discrimination Commission, Committee Hansard, 20 February 2017, 2.

[103]    Associate Professor Daphne Habibis, Deputy Director, Institute for the Study of Social Change, University of Tasmania, Committee Hansard, 30 January 2017, 20.

[104]    Mr Romlie Mokak, Chief Executive Officer, Lowitja Institute, Committee Hansard, 31 January 2017, 14.

[105]    Mr George Vellis, Coordinator, Australian Hellenic Council NSW Inc, Committee Hansard, 17 February 2017, 15.

[106]    Dr Andre Oboler, Victorian Multicultural Faith and Community Coalition, Committee Hansard, 31 January 2017, 5.

[107]    Ms Penelope Taylor, Committee Hansard, 20 February 2017, 35.

[108]    Mr Justin Quill, Nationwide News, Committee Hansard, 10 February 2017, 36; Dr Augusto Zimmerman, Committee Hansard, 3 February 2017, 26.

[109]    Professor Adrienne Stone, Submission 137, 7. (emphasis in original)

[110]    Associate Professor Gabrielle Appleby, Professor Rosalind Dixon, Ms Gemma McKinnon, Associate Professor Sean Brennan (Gilbert + Tobin Centre of Public Law at UNSW), Submission 107, 1-2.

[111]    See, for example: Dr Andre Oboler, Victorian Multicultural Faith and Community Coalition, Committee Hansard, 31 January 2017, 7; Mr Romlie Mokak, Chief Executive Officer, Lowitja Institute, Committee Hansard, 31 January 2017, 14; Ms Adrianne Walters, Human Rights Law Centre, Committee Hansard, 31 January 2017, 20.

[112]    Dr Anne Twomey, Submission 10, 1.

[113]    Mr Romlie Mokak, Chief Executive Officer, Lowitja Institute, Committee Hansard, 31 January 2017, 14.

[114]    Dr Andre Oboler, Victorian Multicultural Faith and Community Coalition, Committee Hansard, 31 January 2017, 7; See also Ms Karly Warner, Executive Officer, National Aboriginal and Torres Strait Islander Legal Services, Committee Hansard, 31 January 2017, 13.

[115]    Ms Adrianne Walters, Director of Legal Advocacy, Human Rights Law Centre, Committee Hansard, 31 January 2017, 20.

[116]    The Very Reverend Dr Keith Joseph, Dean, Christchurch Anglican Cathedral, Darwin, Committee Hansard, 20 February 2017, 46.

[117]    See, for example: Mr Burhan Zangana, Refugee Communities Advocacy Network, Refugee Council of Australia, Committee Hansard, 1 February 2017, 27.

[118]    Mr Burhan Zangana, Refugee Communities Advocacy Network, Refugee Council of Australia, Committee Hansard, 1 February 2017, 27.

[119]    Mr Justin Mohamed, Chief Executive Officer, Reconciliation Australia, Committee Hansard, 2 February 2017, 16.

[120]    Refugee Council of Australia, Submission 8, 1-2; Mr Romlie Mokak, Chief Executive Officer, Lowitja Institute, Committee Hansard, 31 January 2017, 14.

[121]    Refugee Council of Australia, Submission 8, 1-2.

[122]    Ms Jacquelin Plummer, Head of Policy and Advocacy, Mission Australia, Committee Hansard, 30 January 2017, 49.

[123]    See, for example: Mr Timothy Andrews, Executive Director, Australian Taxpayers' Alliance, Committee Hansard, 1 February 2017, 84; Institute of Public Affairs, Submission 58, 24.

[124]    Professor Katharine Gelber, Committee Hansard, 10 February 2017, 5; Dr Tim Soutphommasane, Race Discrimination Commissioner, Australian Human Rights Commission (AHRC), Committee Hansard, 17 February 2017, 51.

[125]    Professor Katharine Gelber, Committee Hansard, 10 February 2017, 5.

[126]    2.972.98 Dr Colin Rubenstein, Executive Director, Australia/Israel and Jewish Affairs Council, Committee Hansard, 31 January 2017, 60.

[127]    Mr Thinethavone (Tim) Soutphommasane, Race Discrimination Commissioner, AHRC, Committee Hansard, 17 February 2017, 51.

[128]    See, for example: Refugee Council of Australia, Submission 8, 1-2; Discrimination Law Expert Group, Submission 118, 1; Professor Simon Rice, Member, Discrimination Law Experts Group, Committee Hansard, 1 February 2017, 6; Professor Anna Cody, Director, Kingsford Legal Centre; and Member, National Association of Community Legal Centres, Committee Hansard, 1 February 2017, 46; Ms Kate Eastman SC and Mr Trent Glover, Submission 157, 6.

[129]    Professor Simon Rice, Member, Discrimination Law Experts Group, Committee Hansard, 1 February 2017, 1.

[130]    Ms Stephanie Cousins, Advocacy and External Affairs Manager, Amnesty International Australia, Committee Hansard, 1 February 2017, 26.

[131]    Professor Anna Cody, Director, Kingsford Legal Centre; and Member, National Association of Community Legal Centres, Committee Hansard, 1 February 2017, 46.

[132]    Mr Jonathon Hunyor, Chief Executive Officer, Public Interest Advocacy Centre, Committee Hansard, 1 February 2017, 29.

[133]    Ms Lisa Annese, Chief Executive Officer, Diversity Council Australia, Committee Hansard, 20 February 2017, 31.

[134]    Professor Simon Rice, Member, Discrimination Law Experts Group, Committee Hansard, 1 February 2017, 6.

[135]    Mr Bill Swannie, Chair, Human Rights/Charter of Rights Committee, Law Institute of Victoria, Committee Hansard, 31 January 2017, 41.

[136]    Kingsford Legal Centre, Submission 187, 3.

[137]    Online Hate Prevention Institute, Submission 36, 6; Victorian Multicultural, Faith and Community Organisations, Submission 125, 1; Ethnic Communities' Council of Victoria, Submission 198, 4; Cyber Racism and Community Resilience (CRaCR) Research group, Submission 54, 2.

[138]    Queensland Council for Civil Liberties, Submission 76, 3; Rationalist Society of Australia, Submission 84, 3.

[139]    Equal Opportunity Tasmania, Submission 167, 47; Australian Lawyers for Human Rights, Submission 5, 18; Dr Murray Wesson, Committee Hansard, 3 February 2017, 28; Australian Education Union, Submission 77, 4.

[140]    See, for example, Aboriginal Legal Service, Submission 59, 14; Ms Karly Warner, Executive Officer, National Aboriginal and Torres Strait Islander Legal Services, Committee Hansard, 31 January 2017, 12; Mr Peter Wertheim, Executive Director, Executive Council of Australian Jewry, Committee Hansard, 1 February 2017, 61.

[141]    Mr Peter Wertheim, Executive Director, Executive Council of Australian Jewry, Committee Hansard, 1 February 2017, 61. See also: Ms Anna Talbot, Legal and Policy Adviser, Australian Lawyers Alliance, Committee Hansard, 1 February 2017, 34; Ms Roxanne Moore, Indigenous Rights Campaigner, Amnesty International Australia, Committee Hansard, 1 February 2017, 32; Victorian Government, Submission 57, 2; Legal Aid Commission of New South Wales, Submission 73, 11; Refugee Council of Australia, Submission 8, 5.

[142]    Ms Karly Warner, Executive Officer, National Aboriginal and Torres Strait Islander Legal Services, Committee Hansard, 31 January 2017, 15.

[143]    Ms Roxanne Moore, Indigenous Rights Campaigner, Amnesty International Australia, Committee Hansard, 1 February 2017, 32.

[144]    Legal Aid NSW, Submission 73, 11.

[145]    Victorian Government, Submission 57, 2.

[146]    Mr Joe Caputo, OAM, JP, Board Director, Ethnic Communities' Council of Victoria, Committee Hansard, 31 January 2017, 3; National Aboriginal and Torres Strait Islander Women's Alliance, Submission 53, 10.

[147]    See, for example: Professor Gillian Triggs, President, AHRC, Committee Hansard, 12 December 2016, 21; Mr Bill Swannie, Chair, Human Rights/Charter of Rights Committee, Law Institute of Victoria, Committee Hansard, 31 January 2017, 61; Dr Karen O'Connell, Member, Discrimination Law Experts Group, Committee Hansard, 1 February 2017, 4; Associate Professor Gabrielle Appleby, Committee Hansard, 1 February 2017,  5; Mr Kevin Kadirgamar, President, Multicultural Council of the Northern Territory, Committee Hansard, 20 February 2017, 20.

[148]    Ms Robin Banks, Anti-Discrimination Commissioner, Equal Opportunity Tasmania, Committee Hansard, 30 January 2017, 3.

[149]    Dr Karen O'Connell, Member, Discrimination Law Experts Group, Committee Hansard, 1 February 2017, 4; Associate Professor Gabrielle Appleby, Committee Hansard, 1 February 2017, 5.

[150]    Ms Katherine Eastman SC, Committee Hansard, 1 February 2017, 4.

[151]    Mr Kevin Kadirgamar, President, Multicultural Council of the Northern Territory, Committee Hansard, 20 February 2017, 24.

[152]    Ms Sally Sievers, Anti-Discrimination Commissioner, Northern Territory Anti-Discrimination Commission, Committee Hansard, 20 February 2017, 2.

[153]    Mr Justin Mohamed, Chief Executive Officer, Reconciliation Australia, Committee Hansard, 2 February 2017, 20; Mr Rodney Little, Co-Chair, National Congress of Australia's First Peoples, Committee Hansard, 1 February 2017, 53.

[154]    Refugee Council of Australia, Submission 8, 5.

[155]    Associate Professor Daphne Habibis, Deputy Director, Institute for the Study of Social Change, University of Tasmania, Committee Hansard, 30 January 2017, 25.

[156]    Mr Rodney Little, Co-Chair, National Congress of Australia's First Peoples, Committee Hansard, 1 February 2017, 53.

[157]    Professor Adrienne Stone, Director, Centre for Comparative Constitutional Studies, University of Melbourne, Committee Hansard, 31 January 2017, 46.

[158]    Professor Adrienne Stone, Committee Hansard, 31 January 2017, 46. See also Professor Sarah Joseph, Castan Centre for Human Rights Law, Committee Hansard, 30 January 2017, 14.

[159]    Professor Sarah Joseph, Director, Castan Centre for Human Rights Law, Committee Hansard, 30 January 2017, 14.

Chapter 3

[1]        Parliamentary Joint Committee on Human Rights, Inquiry report: Freedom of speech in Australia, Terms of Reference, Chapter 1 at paragraph [1.1].

[2]        Australian Human Rights Commission (AHRC), Submission 13, 22. Complaints can be made on the basis of sex, disability, race and age.

[3]        (1995) 183 CLR 245.

[4]        HREOC, Federal Discrimination Law (2008), 8.

[5]        See: Australian Human Rights Commission Act 1986 (AHRC Act) section 46P. A complaint may also be made on behalf of more than one person, also aggrieved by the alleged unlawful discrimination.

[6]        AHRC, Submission 13, 42.

[7]        AHRC Act, section 46P.

[8]        Section 18C has been held by the courts to only apply to conduct having 'profound and serious effects, not to be likened to mere slights': Kiefel J in Creek v Cairns Post Pty Ltd [2001] FCA 1007, [16]. 

[9]        Mr Graeme Edgerton, Acting Deputy Director, Legal Section, AHRC, Committee Hansard, 17 February 2017, 51.

[10]      AHRC, Submission 13, 42–43. See: AHRC Act, section 46P. A complaint need not detail the alleged unlawful act, simply that an unlawful act has taken place [Simplot Australia Pty Ltd v Human Rights and Equal Opportunity Commission (1996) 69 FCR 90 at 93-94].

[11]      See for example: Institute of Public Affairs, Submission 58, 28; Rationalist Society of Australia Inc. Submission 84, 1. Dr Sev Ozdowski AM FAICD, Submission 101, 3; Victorian Council for Civil Liberties, Submission 138, 16.

[12]      Institute of Public Affairs, Submission 58, 34.

[13]      Uniting Church Assembly, Submission 68, 16.

[14]      AHRC, Submission 13, 43.

[15]      See, for example: Arts Law, Submission 27, 3; Australian Christian Churches and Freedom for Faith, Submission 7, 8.

[16]      AHRC, Submission 13, 43–44.

[17]      AHRC, Submission 13.1, 5–6.

[18]      AHRC, Submission 13, 44.

[19]      Reconciliation Australia, Submission 19, 12.

[20]      AHRC Act, subsection 8(6) and paragraph 11(aa).

[21]      AHRC Act, section 46PI.

[22]      AHRC Act, section 46PJ.

[23]      AHRC Act, subsection 46PF(5).

[24]      See: AHRC Act, paragraph 11(1)(aa).

[25]      AHRC Act, section 46PH.

[26]      AHRC, Submission 13, 22.

[27]      AHRC, Submission 13, 22

[28]      AHRC, Submission 13, 22–23.

[29]      AHRC Act, subsection 46PO(1).

[30]      AHRC, Submission 13, 22.

[31]      AHRC, Submission 13.1, 6.

[32]      Ms Katherine Eastman SC, Committee Hansard, 1 February 2017, 9.

[33]      Pursuant to sections 46PE and 46PH of the AHRC Act.

[34]      AHRC Act, section 46PO.

[35]      Professor Anne Twomey, Committee Hansard, 1 February 2017, 79. See also: Dr Sev Ozdowski, Committee Hansard, 1 February 2017, 24; Clubs Australia, Submission 121, 3.

[36]      Australian Human Rights Commission Act 1986, sub-paragraph 20(2)(c)(ii). See also: Australian Lawyers for Human Rights, Submission 5, 3.

[37]      AHRC Act, paragraph 46PH(1)(c).

[38]      See, for example: Family Voice, Submission 49, 11; Aged Pensioner Power, Submission 60, [2]; Victorian Council for Civil Liberties, Submission 138, 16–17.

[39]      IPA, Submission 121, 58. Taylor v Yamanda Aboriginal Association Inc & Anor [2016] FCCA 1298.

[40]      AHRC, Submission 13.1, 6.

[41]      Refugee Council of Australia, Submission 8, 5.

[42]      Caxton Legal Centre, Submission 23, 6.

[43]      AHRC, Submission 13.1, 6.

[44]      Mr Anthony Morris QC, Submission 307, 24.

[45]      Dr Helen Pringle, Submission 42, 9. See also: National Aboriginal and Torres Strait Islander Women's Alliance, Submission 53, 11; Mr John de Meyrick, Submission 135, 13.

[46]      Multicultural Communities Council of Australia et al., Submission 15, 2.

[47]      Professor George Williams, Committee Hansard, 1 February 2017, 79.

[48]      See, for example: Professor Anne Twomey, Committee Hansard, 1 February 2017, 79; Australian Taxpayers' Alliance, Submission 110, 5; FamilyVoice Australia, Submission 49, 11-12; Legal Aid Queensland, Submission 69, 6-7.

[49]      See, for example: Ms Robin Banks, Anti-Discrimination Commissioner, Equal Opportunity Tasmania, Committee Hansard, 30 January 2017, 10; Mr Hugh de Krester, Director, Human Rights Law Centre and Ms Adrianne Walters, Director of Legal Advocacy, Human Rights Law Centre, Committee Hansard, 31 January 2017, 22; Mr Bill Swannie, Chair, Human Rights/Charter of Rights Committee, Law Institute of Victoria, Committee Hansard, 31 January 2017, 40. 

[50]      Mr Gregory McIntyre SC, President, WA Branch, Australian Section, International Commission of Jurists, Committee Hansard, 3 February 2017, 4.

[51]      See, for example: Uniting Church of Australia, Submission 68, 16; AHRC, Submission 13.1, 4.

[52]      AHRC, Submission 13.1, 4.

[53]      See, for example: Associate Professor Gabrielle Appleby, Professor Rosalind Dixon, Ms Gemma McKinnon, Associate Professor Sean Brennan (Gilbert + Tobin Centre of Public Law at UNSW), Submission 107, 8.

[54]      See, for example:  Executive Council of Australian Jewry Submission 11, 25; Chinese Australian Forum Submission 71, 6Mr Julian Leeser, Submission 197,  1; and Professor Adrienne Stone, Director, Centre for Comparative Constitutional Studies, University of Melbourne, Committee Hansard, 31 January 2017, 49.

[55]      Professor Adrienne Stone, Director, Centre for Comparative Constitutional Studies, University of Melbourne, Committee Hansard, 31 January 2017, 49.

[56]      Executive Council of Australian Jewry, Submission 11, 25.

[57]      Professor Gillian Triggs, President, AHRC, Committee Hansard, 17 February 2017, 47.

[58]      AHRC, Submission 13, 28.

[59]      RDA, section 18D.

[60]      Answers to questions on notice from public hearing held on 12 December 2016 in Canberra, provided by the Attorney-General's Department.

[61]      Bropho v Human Rights and Equal Opportunity Commission (2004) 135 FCR 105.

[62]      AHRC, Submission 13, 28–30 and Box 2.1 in Chapter 2, above.

[63]      AHRC, Submission 13, 28–30.

[64]      Professor Adrienne Stone, Submission 137, 7 (emphasis in original).

[65]      AHRC, Submission 13, 28–33.

[66]      For discussion about the scope of section 18D, see, for example; Mr Jonathan Holmes, Committee Hansard, 1 February 2017, 57-58.

[67]      Mr Bill Leak, Committee Hansard, 1 February 2017, 89; Media Entertainment and Arts Alliance, Submission 95, 8.

[68]      Eatock v Bolt (2011) 197 FCR 261 [425] (Bromberg J).

[69]      Dr Chris Berg, Senior Fellow, Institute of Public Affairs, Committee Hansard, 31 January 2017, 34.

[70]      Professor Anne Twomey, Committee Hansard, 1 February 2017, 74.

[71]      See, for example: Mr Jonathan Holmes, Committee Hansard, 1 February 2017, 57; Mr Graham Young, Executive Director, Australian Institute for Progress, Committee Hansard, 10 February 2017, 15.

[72]      Professor Adrienne Stone, Director, Centre for Comparative Constitutional Studies, University of Melbourne, Committee Hansard, 31 January 2017, 46.

[73]      Mr Justin Quill, Nationwide News, Committee Hansard, Brisbane, 10 February 2017, 39.

[74]      Mr Justin Quill, Nationwide News, Committee Hansard, Brisbane, 10 February 2017, 39.

[75]      Mr Bill Leak, Committee Hansard, 1 February 2017, 89.

[76]      See: Tabled Document, 'Complaint by Ms Dinnison against The Australian and Mr Leak: Chronology', tabled by Professor Gillian Triggs on 17 February 2017. See also: Professor Gillian Triggs, President, AHRC, Committee Hansard, 17 February 2017, 45–48. 

[77]      Gilbert + Tobin Centre of Public Law at UNSW, Submission 107, 3 (emphasis in original). See also: Federation of Indian Associations, Submission 112, 5.

[78]      Professor Katharine Gelber, Committee Hansard, 10 February 2017, 6.

[79]      Gilbert + Tobin Centre for Public Law at UNSW, Submission 107, 8.

[80]      Federation of Indian Associations, Submission 112, 5.

[81]      AHRC Act, section 46PH.

[82]      AHRC Act, section 46PO(1).

[83]      See: AHRC Act, section 46PH and section 46PO(1).

[84]      See: AHRC Act, section 46PH.

[85]      See: Re East; Ex parte Nguyen (1998) 196 CLR 354.

[86]      Federal Circuit Court Rules 2001, rule 13.10; Federal Court Rules 2011, rule 26.01; Federal Court of Australia Act 1976, section 31A.

[87]      Professor Gillian Triggs, President, AHRC, Committee Hansard, 17 February 2017, 65.

[88]      See for example: Mr Alexander Wood, Committee Hansard, 10 February 2017, 56; Mr Bernard Gaynor, Committee Hansard, 10 February 2017, 70.

[89]      Mr Jonathon Hunyor, Chief Executive Officer, Public Interest Advocacy Centre, Committee Hansard, 1 February 2017, 28. See also: AHRC, Submission 13, 7.

[90]      Mr Julian Leeser MP, Submission 197, 7.

[91]      Mr Julian Leeser MP, Submission 197, 7–8. See also: Mr Martin Iles, Legal Counsel, Australian Christian Lobby, Committee Hansard, 31 January 2017, 44; Dr Yadu Singh, President, Federation of Indian Associations of NSW, Committee Hansard, 1 February 2017, 37.

[92]      See, for example: Chinese Australia Forum, Submission 71, 4;  Victorian Multicultural, Faith and Community Organisations, Submission 125, 3.

[93]      Clubs Australia, Submission 121, 3.

[94]      Ms Katherine Eastman SC, Committee Hansard, 1 February 2017, 7–8. Any amendment along these lines should not be limited to cases involving the RDA, but all types of discrimination that the Commission deals with including sex, disability or age discrimination.

[95]      See, for example: Macpherson Kelley, Submission 117, 5; Mr Anthony Morris QC, Submission 307, 143.

[96]      Mr Anthony Morris QC, Submission 307, 145. Subsection 1(A) would provide for the issuance of a certificate to the court by the President, as described previously.

[97]      MinterEllison, Submission 237, 2.

[98]      AHRC, Submission 13, 60.

[99]      AHRC Act, subsection 49PK(2).

[100]    AHRC, Submission 13, 57–62.

[101]    AHRC, Submission 13, 58–61.

[102]    AHRC Act, subsection 49PK(3).

[103]    AHRC, Submission 13, 40.

[104]    Ms Maria Nawaz, Law Reform Solicitor, Kingsford Legal Centre, Committee Hansard, 1 February 2017, 46.

[105]    JobWatch, Submission 29, 10.

[106]    Professor Gillian Triggs, President, AHRC, Committee Hansard, 17 February 2017, 45.

[107]    Mr Calum Thwaites, Submission 190, 5.

[108]    Mr Calum Thwaites, Submission 190, 5.

[109]    Professor Gillian Triggs, President, AHRC, Committee Hansard, 17 February 2017, 45.

[110]    Professor Gillian Triggs, President, AHRC, Committee Hansard, 17 February 2017, 46.

[111]    Mr Daniel Williams, Partner, MinterEllison, Committee Hansard, 17 February 2017, 35. See also: Professor Gillian Triggs, President, AHRC, Committee Hansard, 17 February 2017, 45. The AHRC understood that 'Ms Prior was primarily concerned at that time [complaint lodgement] about the university's treatment of her, rather than...the students'.

[112]    Mr Daniel Williams, Partner, MinterEllison, Committee Hansard, 17 February 2017, 32.

[113]    Professor Gillian Triggs, President, AHRC, Committee Hansard, 17 February 2017, 48.

[114]    Mr Joshua Forrester, Dr Augusto Zimmerman, Ms Lorraine Finlay, Submission 181, 3; Discrimination Law Experts Group, Submission 118, 3.

[115]    AHRC, Submission 13.1, 4.

[116]    AHRC, Submission 13.1, 4.

[117]    Mr Calum Thwaites, Committee Hansard, 10 February 2017, 60. See also: Ms Matilda Alexander, Senior Lawyers, Human Rights and Anti-Discrimination, Legal Aid Queensland, Committee Hansard, 10 February 2017, 10.

[118]    AHRC, Submission 13, 62.

[119]    AHRC, Submission 13, 62. These numbers are generally similar in the preceding two years (2014–15, 2013–14).

[120]    AHRC Act, subsection 20(3).

[121]    AHRC, Submission 13, 62.

[122]    Professor Gillian Triggs, President, AHRC, Committee Hansard, 17 February 2017, 49.

[123]    Professor Adrienne Stone, Director, Centre for Comparative Constitutional Studies, University of Melbourne, Committee Hansard, 31 January 2017, 49. See also: Professor George Williams, Committee Hansard, 1 February 2017, 78–79; Dr Augusto Zimmerman et al., Submission 181, 92.

[124]    Dr Helen Pringle, Submission 42, 11.

[125]    Ms Karly Warner, Member of Administrative Law and Human Rights Section Executive Committee and Reconciliation and Advancement Committee, Law Institute of Victoria, Committee Hansard, 31 January 2017, 44. See also: Mr Daniel Williams, Partner, MinterEllison, Committee Hansard, 17 February 2017, 35. Mr Williams noted that the Commission adopts a flexible and nuanced approach to inquiry and conciliation which may not align with strict time limits.

[126]    Ms Robin Banks, Anti-Discrimination Commissioner, Equal Opportunity Tasmania, Committee Hansard, 30 January 2017, 8.

[127]    AHRC, Submission 13, 40.

[128]    AHRC, Submission 13, 40.

[129]    AHRC, Submission 13, 66.

[130]    AHRC, Submission 13, 66.

[131]    AHRC, Submission 13, 66.

[132]    The Ethnic Communities Council of Queensland, Submission 26, 2. See also: Caxton Legal Centre, Submission 23, 6.

[133]    Mr Simon Breheny, Director of Policy, Institute of Public Affairs, Committee Hansard, 31 January 2017, 37; Institute of Public Affairs, Submission 58, Appendix 2, 4.

[134]    AHRC, Submission 13, 24.

[135]    Professor James Allan, Committee Hansard, 2 February 2017, 39–40.

[136]    Legal Aid NSW, Submission 73, 5.

[137]    See: Aged Pensioner Power, Submission 60, 2; Institute of Public Affairs, Submission 58, 33; Dr Augusto Zimmerman et al., Submission 181, 47.

[138]    Mr Anthony Morris QC, Submission 307, 25.

[139]    Professor James Allan, Committee Hansard, 2 February 2017, 39–40. See also: Ms Julie Le‑Fevre, Submission 255, 1.

[140]    Young Liberal Movement of Australia, Submission 50, 3. See also: Mr Josh Landis, Executive Manager, Public Affairs, Clubs Australia, Committee Hansard, 31 January 2017, 72.

[141]    Mr Daniel Williams, Partner, MinterEllison, Committee Hansard, 17 February 2017, 42.

[142]    MinterEllison, Submission 237, 2.

[143]    Professor James Allan, Committee Hansard, 2 February 2017, 39–40.

[144]    AHRC, Submission 13.1, 3.

[145]    AHRC, Submission 13.1, 3.

[146]    Uniting Church in Australia, Submission 68, 16.

[147]    See, for example: Dr Yadu Singh, President, Federation of Indian Associations of NSW, Committee Hansard, 1 February 2017, 38; Mr Scott McDougall, Director, Caxton Legal Centre, Committee Hansard, 10 February 2017, 11.

[148]    Mr Daniel Williams, Partner, MinterEllison, Committee Hansard, 17 February 2017, 36–37.

Chapter 4

[1]        Parliamentary Joint Committee on Human Rights, Inquiry report: Freedom of speech in Australia, Terms of Reference, Chapter 1 at paragraph [1.1].

[2]        Australian Human Rights Commission Act 1986 (AHRC Act), section 11(1)(g). The functions of each of the individual Commissioners are also described within this Act. All Commissioners have a legislative duty to 'promote understanding' of human rights law.

[3]        AHRC Act, section 11(1)(h). All Commissioners have a legislative duty to 'undertake educational programs'.

[4]        Australian Human Rights Commission (AHRC), Submission 13, 70.

[5]        Office of the United Nations High Commissioner for Human Rights, Principles relating to the Status of National Institutions (The Paris Principles), http://www.ohchr.org/EN/ProfessionalInterest/Pages/StatusOfNationalInstitutions.aspx.

[6]        See, for example: Dr Carolyn Tan, Submission 3, 2; Australian Lawyers for Human Rights, Submission 5, 4; Hunter Asylum Seeker Advocacy, Submission 18, 2; Settlement Services International, Submission 21, 7; ANTaR, Submission 48, 3; Dr Helen Pringle, Submission 42, 13–14; Association of Labor Lawyers Qld, Submission 55, 6; Aboriginal Legal Service of WA, Submission 59, 21–22; Anglican Social Responsibilities Commission, Submission 61, 5–6.

[7]        Law Institute of Victoria (LIV), Submission 184, 8.

[8]        Professor Katherine Gelber and Professor Luke McNamara, Submission 2, 6.

[9]        Cyber Racism and Community Resilience Research Project, Submission 54, 7.

[10]      Mr Bill Leak, Submission 169, 2.

[11]      Mr Bill Leak, Committee Hansard, 1 February 2017, 88.

[12]      Committee Hansard, 3 February 2017, 40-42.

[13]      AHRC, Submission 13, 70–71.

[14]      AHRC, Submission 13, 71.

[15]      Tim Soutphommasane (@timsout), 'Our society shouldn't endorse racial stereotypes of Aboriginal Australians – or, for that matter, of any other groups', tweet, 3 August 2016, https://twitter.com/timsout/status/761073783016783874 (accessed 30 January 2016).

[16]      AHRC, Submission 13, 21–22.

[17]      AHRC, Submission 13, 70.

[18]      AHRC, Submission 13, 71.

[19]      Reconciliation South Australia, Submission 106, 2.

[20]      LIV, Submission 184, 7.

[21]      LIV, Submission 184, 8. See also: National Congress of Australia's First Peoples, Submission 188, 14–15.

[22]      AHRC, Submission 13, 24.

[23]      See, for example: Executive Council of Australian Jewry, Submission 11, 26; Townsville Community Legal Service, Submission 23, 6; Arts Law, Submission 27, 5; Legal Aid Queensland, Submission 69, 7; Arab Council Australia, Submission 113, 4.

[24]      Multicultural Communities Council of NSW, National Sikh Council of Australia, Chinese Community Council of Australia, Vietnamese Community in Australia (NSW), and Macedonia Orthodox Church (Rockdale), Submission 15, 3.

[25]      Ryan Carlisle Thomas Lawyers, Submission 66, 7.

[26]      Australian Lawyers Alliance, Submission 35, 13.

[27]      Dr Helen Pringle, Submission 42, 12.

[28]      LIV, Submission 184, 7.

[29]      JobWatch, Submission 29, 12. See also, for example: Darebin City Council, Submission 98, 4.

[30]      Nationwide News, Submission 117, 6.

[31]      See, for example: Institute of Public Affairs, Submission 58, 70; Australian Liberty Alliance, Submission 14, 2.

[32]      FamilyVoice Australia, Submission 49, 10.

[33]      Aged Pensioner Power, Submission 60, 2.

[34]      Anthony Morris QC, Submission 307, 131.

[35]      Anthony Morris QC, Submission 307, 131-132.

[36]      Dr Sev Ozdowski, Submission 101, 3.

[37]      Nationwide News, Submission 117, 6.

[38]      Australian Taxpayers Alliance, Submission 110, 6.

[39]      Federation of Indian Associations of NSW, Submission 112, 8.

[40]      See, for example: Aged Pensioner Power, Submission 60, 2; FamilyVoice Australia, Submission 49, 11; Australian Taxpayers Alliance, Submission 110, 6;

[41]      Dr Helen Pringle, Submission 42, 12.

[42]      Public Law and Policy Research Unit, University of Adelaide, Submission 88, 12.

[43]      Australian Lawyers for Human Rights, Submission 5, 5. See also, for example: Federation of Indian Associations of NSW, Submission 112, 8.

Chapter 5

[1]        Parliamentary Joint Committee on Human Rights, Inquiry report: Freedom of speech in Australia, Terms of Reference, Chapter 1 at paragraph [1.1].

[2]        Australian Human Rights Commission (AHRC), Submission 13, 73–76.

[3]        Australian Human Rights Commission Act 1986 (AHRC Act), paragraph 11(1)(e).

[4]        AHRC Act, paragraph 11(1)(f).

[5]        AHRC Act, paragraph 11(1)(o).

[6]        AHRC Act, paragraph 11(1)(g).

[7]        AHRC Act, paragraph 11(1)(h).

[8]        AHRC, Submission 13, 76.

[9]        Human Rights Law Centre, Submission 136, 17.

[10]      Australian Council of Human Rights Authorities, Submission 149, 27. See also Amnesty International, Submission 151, 23–24; Australian Lawyers Alliance, Submission 35, 14.

[11]      Equal Opportunity Tasmania, Submission 167, 46.

[12]      Australian Liberty Alliance, Submission 14, 2; Australian Institute for Progress, Submission 24, 4; Australian Taxpayers Alliance, Submission 110, 6.

[13]      Mr Graham Young, Executive Director, Australian Institute for Progress, Committee Hansard, 10 February 2017, 17.

[14]      For example, Mr Paul John Zanetti, Committee Hansard, 10 February 2017, 83 and Mr Graham Young, Executive Director, Australian Institute for Progress, Committee Hansard, 10 February 2017, 17.

[15]      Parliamentary Joint Committee on Human Rights, An inquiry into Freedom of Speech, Terms of Reference, http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights_inquiries/FreedomspeechAustralia/Terms_of_Reference.

[16]      Senator the Hon George Brandis QC, Attorney-General, New Australian law reform inquiry to focus on freedoms, Media Release, 11 December 2013, https://www.attorneygeneral.gov.au/Mediareleases/Pages/2013/Fourth%20quarter/11December2013-NewAustralianLawReformInquiryToFocusOnFreedoms.aspx.

[17]      Australian Law Reform Commission, Traditional Rights and Freedoms—Encroachment by Commonwealth Laws, Final Report, December 2015, 126–127.

[18]      Australian Law Reform Commission (ALRC), Secrecy Laws and Open Government in Australia, December 2009.

[19]      ALRC, Traditional Rights and Freedoms—Encroachment by Commonwealth Laws, Final Report, December 2015, 79.

[20]      Law Council of Australia, Submission 123, 7.

[21]      These laws included criminal laws, secrecy laws, court and tribunal orders, privilege and contempt laws, anti-discrimination laws, the Racial Discrimination Act 1975, media, broadcasting and communications laws, information laws, intellectual property laws, and other laws. See ALRC, Traditional Rights and Freedoms—Encroachment by Commonwealth Laws, Final Report, December 2015, chapter 4.

[22]      Australian Lawyers Alliance, Submission 35, 7. Other submissions also canvassed further laws which may potentially impact of freedom of speech. See, for example, Professor George Williams, Submission 6, 2–3; and Amnesty International, Submission 151, 10–13.

[23]      AHRC, Submission 13, 77–78; Professor Gillian Triggs, President, and Mr Ed Santow, Human Rights Commissioner, AHRC, Committee Hansard, 17 February 2017, 70–71.

Additional comments by Labor members

[1]        (2011) 112 FCR 352

[2]        See submission by Professor Adrienne Stone (sub 137) pages 5 and 6.

Dissenting Report by Australian Greens - Chapter 1

[1]               ICCPR, articles 19, 20 and 26; CERD, article 4.

[2]               ICCPR, article 19. Part 11A of the RDA does not limit the right to hold opinions.

[3]               ICCPR, article 19(2).

[4]              UN Human Rights Council, Resolution 12/16, Freedom of opinion and expression, UN Doc A/HRC/RES/12/16, 12 October 2009, preamble. At: http://www.un.org/en/ga/search/view_doc.asp?symbol=A/HRC/RES/12/16  (viewed 8 December 2016). 

[5]        'The expression 'public order (ordre public)'...may be defined as the sum of rules which ensure the functioning of society or the set of fundamental principles on which society is founded. Respect for human rights is part of public order (ordre public)': Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights U.N. Doc. E/CN.4/1985/4, Annex (1985), clause 22.

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

[7]        COUSINS, Ms Stephanie, Advocacy and External Affairs Manager, Amnesty International Australia, Committee Hansard, 1 February 2017, 26.

[8]        BREHENY, Mr Simon, Director of Policy, Institute of Public Affairs, Committee Hansard, 31 January 2017,27.

[9]        (2001) 112 FCR 352.

[10]      Ibid, at 365 [16].

[11]      WILLIAMS, Prof. George, Private capacity, Committee Hansard, 1 February 2017, 74.

[12]      CHOPRA, Ms Tasneem, Chairperson, Australian Muslim Women's Centre for Human Rights, Committee Hansard, 31 January 2017, 4.

[13]      WALTER, Professor Maggie, Pro Vice-Chancellor (Aboriginal Research and Leadership)

          University of Tasmania, Committee Hansard, 30 January 2017, 20.

[14]      Australian Medical Association, 2007 AMA Indigenous Health Report Card – 'Institutionalised Inequality – Not Just a Matter of Money' May 2007, p. 5.

[15]      RACHWANI, Mr Mostafa, President, Project Manager and Media Officer, Lebanese Muslim Association, Committee Hansard, 1 March 2017, 13.

[16]      CAPUTO, Mr Joe, OAM, JP, Board Director, Ethnic Communities' Council of Victoria, Committee Hansard, 31 January 2017, 1.

[17]      KAPALOS, Ms Helen, Chairperson, Victorian Multicultural Commission, Committee Hansard, 31 January 2017, 1.

[18]      SWANNIE, Mr Bill, Chair, Human Rights/Charter of Rights Committee, Law Institute of Victoria, Committee Hansard, 31 January 2017, 39.

[19]      BANKS, Ms Robin, Anti-Discrimination Commissioner, Equal Opportunity Tasmania, Committee Hansard, 30 January 2017, 1.

[20]      Professor Sarah Joseph, Director, Castan Centre for Human Rights Law, Committee Hansard, 30 January 2017, 13-14.

[21]      BANKS, Ms Robin, Anti-Discrimination Commissioner, Equal Opportunity Tasmania, Committee Hansard, 30 January 2017, 1.

[22]      de KRETSER, Mr Hugh, Executive Director, Human Rights Law Centre, Committee Hansard, 31 January 2017, 20.

[23]      WALTERS, Ms Adrianne, Director of Legal Advocacy, Human Rights Law Centre, Committee Hansard, 31 January 2017, 20.

[24]      RUBENSTEIN, Dr Colin, Executive Director, Australia/Israel and Jewish Affairs Council, Committee Hansard, 31 January 2017, 60.

[25]      JONES, Mr Jeremy, Director of International and Community Affairs, Australia/Israel and

          Jewish Affairs Council, Committee Hansard, 31 January 2017, 60.

[26]      Australian Human Rights Commission, Submission 13, 18.

[27]      Australian Human Rights Commission Submission, Submission 13, 9.

[28]      Australian Human Rights Commission, Submission 13, 76.

[29]      MANEN, Mr Cedric, Chief Executive Officer, Family Planning Tasmania Inc, Committee Hansard, 30 January 2017, 28.

[30]      [2016] FCCA 2853

[31]      TRIGGS, Professor Gillian, President, Australian Human Rights Commission, Committee Hansard, 12 December 2016, 1.

[32]      TRIGGS, Professor Gillian, President, Australian Human Rights Commission, Committee Hansard, 17 February 2017, 62.

[33]      TRIGGS, Professor Gillian, President, Australian Human Rights Commission, Committee Hansard, 17 February 2017, 71.

[34]      TRIGGS, Professor Gillian, President, Australian Human Rights Commission, Committee Hansard, 17 February 2017, 47.

Appendix 4

[1]        Human Rights and Equal Opportunity Commission (HREOC), Federal Discrimination Law (2008), 8.

[2]        Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245.

[3]        HREOC, Federal Discrimination Law (2008), 8.

[4]        HREOC, Federal Discrimination Law (2008), 9.

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