they are considering, which are available on the
SARC website with the relevant Alert Digest. In
this way, the human rights impact of a proposed
law is able to be thoroughly scrutinised.
scrutiny process and we have a publicly
accessible database on our website that
summarises the human rights debate in
Parliament.
introduced a legislative scrutiny process that is
similar to the Victorian model but considers a
wider range of rights from all the United Nations
treaties that Australia has ratified.
Minister's assessment of a Bill by identifying
gaps in the statements of compatibility. In 2012,
SARC provided a Charter report in relation to 19
Bills that it assessed as being incompatible with
human rights.
Control Bill 2012, SARC provided an extensive
analysis that alerted Parliament to various rights
relevant to aspects of the Bill. Specifically, it
was concerned that the definition of a "declared
organisation" that has connections to serious
criminal activity may permit declarations to be
made about groups of people who associate
together due to personal or communal attributes
that are protected by the Charter, and may catch
individuals in the definition.
General, which he provided in subsequent
correspondence.
quicker than in the past. Its report on a Bill is
generally included in the Alert Digest that follows
the Bill's introduction in Parliament, two weeks
after the statement of compatibility is tabled.
SARC is to be commended for improving its
efficiency and providing parliamentarians with the
SARC report to inform their debate on the Bill.
to consider it. In 2012, three Bills were introduced
and passed in both houses in the same sitting
week, preventing SARC from reporting on
those Bills while they were being debated.
quickly, including urgently validating procedural
defects in affidavits (Evidence (Miscellaneous
Provisions) Amendment (Affidavits) Bill 2012),
the retrospective validation of court orders
imposing an alcohol interlock device condition
on a person's driver's licence (Road Safety and
Sentencing Acts Amendment Bill 2012), and
the need to clarify the eligibility to vote in the
City of Melbourne council elections before the
next election (City of Melbourne Amendment
(Enrolment) Bill 2012).
Bills were introduced and passed prevented
the usual level of parliamentary scrutiny, the
input of external stakeholders and the benefit
of a bipartisan committee view. Given the
strong support expressed for the importance
of the parliamentary scrutiny process in both
SARC's four-year review and the Government's
response to it, the Commission is of the view
that a procedure is needed to ensure that SARC
has the opportunity to comment. SARC has
noted that circumstances like these present the
Committee with "unique challenges" in reporting
and that it may report on the Bill at a later date, if
warranted.
endeavouring to provide considered statements
of compatibility in accordance with the drafting
guidelines. For example, SARC commended the
clarity and utility of the statement accompanying
(Consequential Provisions) Act 2011.
the basis of `personal association' with a person
who is identified by reference to the attributes listed
in section 6 of the Equal Opportunity Act 2010,
freedom of religion or belief, (section 14(1)(b)), the
protection of families and children (17(1) ), and
cultural rights, including the cultural rights of
Aboriginal persons (section 19).
Acts and Regulations Committee Alert Digest No.18
of 2012, 11 December 2012.
SARC Alert Digest came out the same day as it was
passed in the Legislative Council (1 March). The Bill
was introduced and passed in the Legislative
Assembly on 28 February.