COMMONWEALTH LAW AND HUMAN RIGHTS STANDARDS*

The Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) establishes a parliamentary Joint Committee on Human Rights to examine Bills, Acts and legislative instruments for compatibility with human rights. The Act also requires a statement of compatibility with human rights to accompany all new Bills and disallowable legislative instruments. “Human rights” is defined in the Act as those recognised and declared in seven international instruments to which Australia is a party (including the International Covenant on Civil and Political Rights and the International Covenant on Social, Economic and Cultural Rights).

From late February 2012, the statements of compatibility with human rights required by the Act began to be included in the explanatory memoranda to Bills coming before the Parliament. Some Bills have been identified as engaging (although not unacceptably breaching) a wide variety of human rights: the Aviation Transport Security Amendment (Screening) Bill 2012 (Cth), which introduces body scanners into Australian airports, is an example. Others are claimed to have no human rights implications. Some Bills have not so far been accompanied by a statement of human rights compatibility: presumably this may still be coming, as the Act does not specify the point in the life cycle of a Bill at which the statement should be made available. As at 28 February 2012, the Joint Committee on Human Rights is not yet established and so has not yet commenced its scrutiny role.

* The full citation is (2012) 23 PLR 62 at 64.