That report was submitted to the Attorney-General, the Hon Robert McClelland MP, on 30 September 2009. It reflects over 35,000 submissions and community input via "66 community roundtables and three days of public hearings", collectively described by Mr McClelland in his 8 October speech as "most extensive consultation on human rights issues, and probably on any issue at all, in Australia's history". Metrics, metrics, uber alles!
The Attorney-General has also announced the start of public consultation on the 188 page report of the Access to Justice Taskforce [PDF], which was released along with the 16 page Strategic Framework for Access to Justice [PDF] on 23 September. The report features recommendations regarding improved access to the federal civil justice system. Submissions as part of that consultation can be made through consultation fora, online or by snail/email. The deadline for submissions is 30 October 2009, arguably not a very generous timeframe.
The Strategic Framework is described as
based on five key principles of accessibility, appropriateness, equity, efficiency and effectiveness and will support a justice system that aims to:The Attorney-General commented that
* allocate resources more efficiently;
* promote fair outcomes;
* encourage the early resolution of problems and disputes;
* enable matters to be directed to the most appropriate method for resolution;
* identify broader issues which may cause specific legal problems; and
* empower individuals, where possible, to resolve their own disputes.
Increasingly, the experience of ordinary Australians dealing with the justice system is marked by confusion and complexity. People often don't understand legal events, what to do or where to seek assistance, while many are excluded because information is complicated or simply difficult to find.A modest starting point for improved access might be to reconsider A-G's electronic publishing system, which resulted in non-intuitive URLS of daunting length for both documents.
The Framework looks at how the justice system operates as a whole and in doing so, seeks to encourage better information, early intervention, and improved avenues to resolve disputes without the need for litigation.
The National Human Rights Committee report 'went live' with the Attorney-General's words that
most people who participated in the Consultation are convinced that Australia is one of the best places to live.The meaningfulness of remedies under those statutes for sometimes problematical. Mr McClelland indicated that
Australians can indeed be proud of our nation. We enjoy a strong parliamentary democracy, with universal suffrage and a clear system of checks and balances which contribute to maintaining our strong and independent democratic institutions, underpinned by the rule of law that applies equally to all – irrespective of any office a person may hold.
Our common law recognises a number of human rights principles and we have a range of anti-discrimination laws to prohibit unfair discrimination on the grounds such as race, age, sex and disability.
We are also a party to a number of international instruments which outline fundamental human rights that are recognised by the international community. Australians are well served by the Australian Human Rights Commission, the Ombudsman and our independent judiciary. In addition to this institutional framework, Australia also has an independent media and a robust non-government organisation sector.The Minister then conceded that "the patchwork quilt of protections needs some mending", noting that
it is fair to say that the Committee's observation that Australia has a 'patchwork quilt' of protection for human rights is quite apt.He goes on to explain that
For most of us the 'patchwork quilt' is working well. But, as the Committee's report highlights, there are times when individuals, especially those who are vulnerable or disadvantaged, miss out including the homeless, people with disabilities, children at risk and Indigenous Australians.
The report shows that there are many views on how human rights and responsibilities should be protected, promoted and realised.Dollops of wholesome 'Third Way' civics lessons and fridge magnets to accompany a non-entrenched and non-justiciable Charter of human rights?
Unsurprisingly, there are strong views firmly held on the merits or otherwise of a Human Rights Act.
However, as the report clearly shows there are many ways to protect and promote human rights including through enhanced education and improved parliamentary scrutiny.
The report shows that too many Australians are not informed about what 'human rights' are or how they are currently protected.
The need for increased human rights education was clearly a re-occurring issue in many of the roundtables, the written submissions and surveys conducted.
The Government agrees that human rights education can play an important role. It is important to ensure that people not only understand their rights but also, more broadly, the role of human rights and responsibilities in our community.
It is disappointing that the report envisages such a weak Charter (rather than adopting the Canadian model) and proposes that the legislation should be restricted to the national government. As one constitutional law expert commented to me, "apparently it's OK to let the States and Territories remove rights".
