Contents
National Human Rights Consultation
PART ONE Introduction
1 The Consultation: an overview
1.1 The Committee’s brief
1.2 The Consultation
2.1 Themes
2.2 Lives in the balance
2.3 Contested areas
2.4 ‘Hot button’ topics
2.5 Conclusion
3.1 Rights
3.2 Responsibilities
PART TWO Rights and responsibilities in Australia
4 Which rights and responsibilities?
4.1 Rights
4.2 Responsibilities
4.3 The Committee’s findings
5 Are human rights adequately protected and promoted?
5.1 The Australian tradition: ‘a fair go’ for all
5.2 International human rights law and Australia’s obligations
5.3 The democratic system
5.4 The Australian Constitution
5.5 Legislative protections
5.6 Administrative law
5.7 The common law
5.8 Oversight mechanisms
5.9 Access to justice
5.10 The Committee’s findings
PART THREE Reform options
6 Creating a human rights culture
6.1 The importance of a human rights culture
6.2 The need for human rights education
6.3 A national human rights education plan
6.4 Social inclusion
6.5 Creating a culture of human rights in the public sector
6.6 Creating a culture of human rights in other sectors
6.7 The Committee’s findings
7 Human rights in policy and legislation
7.1 An audit of existing federal legislation, policies and practices
7.2 Human rights in the development of legislation and policy
8.1 A more coordinated and strategic framework
8.2 Human rights and the public sector
8.3 Improving independent oversight
8.4 Improved access to justice
9 Human rights and Indigenous Australians
9.1 What are ‘Indigenous rights’?
9.2. Options for achieving social equality
PART FOUR A Human Rights Act?
10. Bill of rights debates: a historical overview
10.1 The drafting of the Australian Constitution
10.2 Constitutional attempts to protect rights
10.3 Federal legislative proposals to protect rights
10.4 Why did previous attempts fail?
10.5 Recent state and territory inquiries
11. Statutory models of human rights protection: a comparison
11.1 The dialogue model
11.2 New Zealand
11.3 The United Kingdom
11.4 The Australian Capital Territory
11.5 Victoria
12 The case for a Human Rights Act
12.1 The level of community support
12.2 Arguments in favour of a Human Rights Act
12.3 Countering the arguments
13. The case against a Human Rights Act
13.1 The level of community support
13.2 Arguments against a Human Rights Act
13.3 Countering the arguments
14. Practical considerations for a Human Rights Act
14.1 Potential models for a Human Rights Act
14.2 Jurisdictional scope of a Human Rights Act
14.3 Who should comply?
14.4 Who should be protected?
14.5 Which rights and responsibilities should be included?
14.6 What limitations should apply?
14.7 Human rights in legislation and policy development
14.8 Interpreting and applying the Human Rights Act
14.9 The role of public authorities
14.10 Causes of action
14.11 Remedies
14.12 Who can bring human rights claims?
14.13 The role of the Australian Human Rights Commission
14.14 A review provision
PART FIVE The way forward
15.1 Which rights and responsibilities should be protected and promoted?
15.2 Are our human rights currently sufficiently protected and promoted?
15.3 How could Australia better protect and promote human rights?
15.4 Should the Federal Parliament contemplate an Australian Human Rights Act?
15.5 Conclusion
APPENDIXES
Appendix B Colmar Brunton community research report: summary
Appendix C Colmar Brunton devolved consultation report: summary
Appendix D The Allen Consulting Group report
Appendix E The Solicitor-General’s advice
Appendix F The public hearings