That streamlining would integrate the Racial Discrimination Act 1975 (Cth), Sex Discrimination Act 1984 (Cth), Disability Discrimination Act 1992 (Cth) and Age Discrimination Act 2004 (Cth). The expectation is that a unitary statute -
will address current inconsistencies and make the system more user-friendly by clarifying relevant rights and obligations. It will also provide the opportunity to review the complaints handling process and the related role and functions of the Australian Human Rights Commission. Importantly, there will be no diminution of existing protections currently available at the federal level.The Attorney-General indicated that -
Effective anti-discrimination legislation is an important element in removing barriers to greater inclusion and participation in society. Anti-discrimination law should be clear and easy to understand because people shouldn't need expensive legal advice to know their rights and obligations.The law reform is being promoted as part of a "Better Regulation Ministerial Partnership" that will encompass development of harmonised State and Territory anti-discrimination laws the Standing Committee of Attorneys-General (SCAG). A perspective on human rights and law reform rationales or priorities is provided by the description of that "partnership" -
Better Regulation Ministerial Partnerships form a key part of the Government's deregulation agenda and ensure a disciplined and coordinated approach to delivering regulatory reform across government.Managerialism trumps rights?
Consolidating all Commonwealth anti-discrimination legislation into one Act will reduce the regulatory burden and drive greater efficiencies and improved productivity outcomes by reducing compliance costs for individuals and business, particularly small business.
Development of "a single Act dealing with all federal anti-discrimination laws represents an important part of the Australian Human Rights Framework", which was launched today. The Framework reflects consultations highlighted in this blog over the past year. It "outlines key measures to further protect and promote human rights in Australia". It is based on "five key principles", centred on -
* reaffirming a commitment to our human rights obligations;A skeptic might be forgiven for suspecting that the framework is a soft option, given the fuzziness of - for example - "the importance of human rights education" (primarily addressed through "investing over $12 million in a comprehensive suite of education initiatives to promote a greater understanding of human rights across the community").
* the importance of human rights education;
* enhancing our domestic and international engagement on human rights issues;
* improving human rights protections, including greater parliamentary scrutiny; and
* achieving greater respect for human rights principles within the community.
The Framework will -
ReaffirmAll better than nothing but let's not start celebrating.
• The Government reaffirms its commitment to promoting awareness and understanding of human rights in the Australian community and respecting the seven core United Nations human rights treaties to which Australia is a party.
Educate
• The Government will enhance its support for human rights education across the community, including primary and secondary schools.
• The Government will provide funding of $2 million over four years to non-government organisations (NGOs) for the development and delivery of community education and engagement programs to promote a greater understanding of human rights.
• The Government will provide an additional $6.6 million over four years to the Australian Human Rights Commission to enable it to expand its community education role on human rights and to provide information and support for human rights education programs.
• The Government will invest $3.8 million in an education and training program for the Commonwealth public sector, including development of a human rights toolkit and guidance materials for public sector policy development and implementation of Government programs.
• The Government will consider appropriate recognition of the need for public servants to respect human rights in policy making in any revision of the APS Values or Code of Conduct.
Engage
• The Government will continue to engage with the international community to improve the protection and promotion of human rights at home, within our region and around the world.
• The Government will develop a new National Action Plan on Human Rights, working with our State and Territory counterparts and NGOs, to outline future action for the promotion and protection of human rights.
• The Government will bring together the NGO Forums on Human Rights hosted by the Attorney-General and the Minister for Foreign Affairs, to ensure the forums provide a comprehensive consultation mechanism for discussion about domestic and international human rights issues.
Protect
•The Government will introduce legislation to establish a Parliamentary Joint Committee on Human Rights which will provide greater scrutiny of legislation for compliance with Australia’s international human rights obligations under the seven core UN human rights treaties to which Australia is a party.
• The Government will introduce legislation requiring that each new Bill introduced into Parliament, and delegated legislation subject to disallowance, be accompanied by a statement which assesses its compatibility with the seven core UN human rights treaties to which Australia is a party.
Respect
• The Government will review legislation, policies and practices for compliance with the seven core UN human rights treaties to which Australia is a party.
• The Government will develop exposure draft legislation harmonising and consolidating Commonwealth anti-discrimination laws to remove unnecessary regulatory overlap, address inconsistencies across laws and make the system more user-friendly.
• The Government will include the President of the Australian Human Rights Commission as a permanent member of the Administrative Review Council.
