The position paper set out gaps in Australia’s current framework and made the case for a federal Human Rights Act.

It also outlined the Commission’s proposed model for a Human Rights Act, which incorporated rights derived from the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

The position paper also considered existing parliamentary scrutiny mechanisms and improvements that can be made with the introduction of the act.

Lastly, it focused on the role of the Commission itself and the contributions the Commission can make to promoting and protecting human rights upon the creation of a federal Human Rights Act.

The Commission’s proposed Human Rights Act listed 30 rights, which included the right to life, recognition and equality before the law, protection of children, right to privacy and reputation, freedom of expression, the right to a fair hearing, and many more.

The effectiveness of the act, the Commission posited, is in its capacity to reduce social and other costs and provide economic benefits to Australians.

It would play a preventative role by imposing on the government a duty to consider the impacts of a decision on human rights.

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It would also play a protective role for vulnerable groups that are disadvantaged or marginalised, the Commission posited.

The Commission also outlined the necessity for a Human Rights Act, stating that “Australia does not adequately protect human rights at the present time” due to its “patchwork legal framework of human rights protection”.

The rights that are protected are scattered in different pieces of legislation, the Constitution and the common law — “It is incomplete and piecemeal,” the Commission asserted.

They also noted that the current rights framework in Australia is not easily explainable or readily comprehensible to all in Australia.

The position paper also outlined that a range of steps should be taken to implement the rights of First Nations peoples in consultation with them.

The Human Rights Law Centre (HRLC) and the Law Council of Australia (LCA) welcomed the position paper.

The HRLC stated that the position paper endorses the calls made by a coalition of over 80 organisations, urging the federal government to adopt a legally enforceable federal Human Rights Act or charter. 

“A federal Human Rights Act or charter will help prevent human rights violations, provide a powerful tool to challenge injustice, and foster understanding and respect for human rights,” they said in a statement.

Caitlin Reiger, chief executive at the HRLC, commented: “Charters of human rights are about ensuring that the values we all share — like fairness, respect, dignity and compassion — are always at the heart of all government decisions, laws and policies.”

“Australia is the only western liberal democracy without a Charter of Human Rights or similar in our laws.

“We see time after time situations where people have their rights violated, but they are unable to take effective action, as shown in the aged care and disability royal commissions to name two examples.

“We urge the Albanese government to adopt the Human Rights Commission position paper so that everyone is free to enjoy their rights.”

The LCA noted they were pleased to be involved in the development of the position paper.

“Many of the proposals in the paper for the design of a Commonwealth Human Rights Act build on lessons learned from the introduction of human rights legislation in the ACT, Victoria and Queensland,” the LCA said in a statement.

“This paper tackles some very contemporary challenges for human rights law, including the rise of automation in government decision making and the protection of the rights of those outside our borders, but nonetheless under Australia’s ‘effective control’.

“Another praiseworthy feature of the AHRC paper is its emphasis on ‘upstream’ consideration of human rights — that is, consideration by the executive and greater parliamentary scrutiny when developing new legislation and policies — so that rights breaches and complaints are minimised. 

“This consideration would importantly be facilitated by a strong human rights education program for government.

“Of course, strong rights complaints mechanisms, with the capability to prescribe effective remedies, remain a crucial feature of any human rights legislation, including a future Commonwealth Human Rights Act. Such effective remedies are currently the key missing piece in Australia’s human rights puzzle.”

The LCA “looks forward to the Australian government’s response to the paper’s recommendations”.