into account in the development of new laws
at the state and local level. Having effective
processes in place to develop and assess laws
against human rights standards is essential for
accountable and transparent government.
importance of the Parliament's scrutiny of Bills in
its response to the four-year review of the Charter.
The Government supported recommendations
made by SARC to improve these processes. This
commitment is already apparent in statements of
compatibility that are more concise and targeted
to relevant rights that are clearly limited by a Bill.
and in dialogue with SARC and the Parliament.
The SARC reporting process and ministerial
response time has become much quicker,
enabling this conversation to happen while a Bill
is before Parliament.
enables a process to create and amend laws
so that human rights considerations are taken
into account at every stage of the law-making
process. The human rights impact of a Bill
is considered at the drafting stage, when a
statement of compatibility is prepared to
accompany the Bill's introduction into Parliament.
This informs parliamentarians of the human rights
that are potentially limited by the bill and why any
proposed limitations are reasonable and justified
(section 30 of the Charter). Members can
consider this assessment and raise any concerns
during the parliamentary debate. To assist this
process, SARC also prepares a report that is
tabled in Parliament that considers whether, in its
view, human rights are adversely impacted by the
Bill (section 30 of the Charter).
2012 98
Total Bills assessed by SARC as
potentially incompatible with the human
rights set out in the Charter 19
11 December 2012.
parliamentary scrutiny process
legislation, the Australian Government
is required to consider the human rights
obligations set out in the seven "core"
international human rights treaties that
Australia has ratified.
be accompanied by a statement of
compatibility regarding the proposed law's
compliance with these rights and freedoms.
Human Rights examines Bills and legislative
instruments for compatibility with human
rights. It considers and reports on all Bills
and legislative instruments, regardless of
whether they raise human rights concerns.
into existing Acts, including calling for
submissions, holding public hearings and
calling for witnesses. It will also inquire into
matters relating to human rights referred to it
by the Attorney-General.
wide range of human rights contained in
international human rights law. These extend
beyond civil and political rights to economic,
social and cultural rights; for example, the
right to health, education and social security,
as well as rights specially relating to people
with disabilities, women and children.
(Consequential Provisions) Act 2011. These treaties
are the: International Covenant on Civil and Political
Rights 1966, International Covenant on Economic,
Social and Cultural Rights 1966, International
Convention on the Elimination of All Forms of Racial
Discrimination 1965, Convention on the on the
Elimination of All Forms of Discrimination against
Women 1979, Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or
Punishment 1984, Convention on the Rights of the
Child 1989 and Convention on the Rights of
Persons with Disabilities 2006.
further information to determine human rights
compatibility' and `Bills unlikely to raise human
rights incompatibility'.