Let’s talk about a federal Human Rights Act

Caption: Sabra Lane, Stephen Keim SC and Pauline Wright.
Photo from the National Press Club of Australia taken by Lyn Mills. 

The Law Council of Australia believes that now is the time to reignite the conversation and calls on the Australian Government to implement a federal Human Rights Act.

Addressing the National Press Club in Canberra on 18 November, Law Council President, Pauline Wright, said in launching the Law Council’s policy position, that many Australians would not know that their human rights are not protected by the Constitution or legislation.

“Our Constitution protects very few rights, and those rights which have been so hotly debated during the pandemic, are backed by few Constitutional or statutory guarantees,” Ms Wright said. Read more. 

LCA Submissions

Recently published Law Council Submissions. 

• Review of the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020, Parliamentary Joint Committee on Intelligence and Security. 
• Joint supplementary submission to the inquiry into the Federal Circuit and Family Court of Australia Bill 2019 (Cth), Senate Legal and Constitutional Affairs Legislation Committee. 

Section Submissions

Recently published Section Submissions. 

• Comments on Draft Tax Agent Services Instruments 2020, Tax Practitioners Board, (Business Law Section). 
• Exposure Draft of the Treasury Laws Amendment (Measures for a Late Sitting) Bill 2020:  Minor and Technical Amendments, Treasury, (Business Law Section). 
• Permanent reforms – virtual meetings and electronic document execution, Treasury, (Business Law Section). 
• Practical Compliance Guideline PCG 2017/4DC2 - Draft Schedule 3, Australian Taxation Office, (Business Law Section). 
• Remaking of Procedural Rules, Takeovers Panel, (Business Law Section). 

Inquiries and consultations

As of 18 November 2020. 

• Australian Security Intelligence Organisation Amendment Bill 2020, Parliamentary Joint Committee on Intelligence and Security (Supplementary)

• Review of the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020, Parliamentary Joint Committee on Intelligence and Security (Supplementary)

• Exposure Draft of the Security Legislation Amendment (Critical Infrastructure) Bill 2020, Department of Home Affairs.

• Climate Change (National Framework for Adaptation and Mitigation) Bill 2020 and Climate Change (National Framework for Adaptation and Mitigation) (Consequential and Transitional Provisions) Bill 2020, Parliamentary House Standing Committee on the Environment and Energy.

• Inquiry into the Foreign Investment Reform (Protecting Australia's National Security) Bill 2020 and Foreign Acquisitions and Takeovers Fees Imposition Amendment Bill 2020, Parliamentary Senate Economics Legislation Committee.

• Consumer Credit Reforms, The Treasury.

• Singapore Convention on Mediation – Consultation paper, Attorney-General's Department. 

• Proposed amendments to the Consumer Guarantees - multiple non-major failures, The Treasury.

• ATO consultation with the Legal Profession, Australian Taxation Office. 

• Inquiry on the future conduct of elections operating during times of emergency situations, Parliamentary Joint Committee on Electoral Matters. 

• Review of Part 14 of the Telecommunications Act 1997 – Telecommunications Sector Security Reforms, Parliamentary Joint Committee on Intelligence and Security

• Review of the Privacy Act 1988, Attorney-General's Department. 

• Australia-European Union Free Trade Agreement: Consultation on a Possible New Geographical Indications Right, IP Australia. 

• Requiring Deductible Gift Recipients (DGRs) to Register as Charities, The Treasury.

• Right to Repair, Productivity Commission.

• Commonwealth Integrity Commission consultation draft, Attorney-General's Department. 

• Review of Judicial Impartiality, Australian Law Reform Commission.

• Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Royal Commission.

• Review into the Framework of Religious Exemptions in Anti-discrimination Legislation, Australian Law Reform Commission.

• Review of the Legislative Framework for Corporations and Financial Services Regulation, Australian Law Reform Commission.

• Insolvency reforms to support small business – subordinate legislation, The Treasury.

News and Media 

Media releases and statements:

• Law Council President, Pauline Wright, response to reports of war crimes by members of the ADF, 19 November 2020. 
• Let’s talk about a federal Human Rights Act, 18 November 2020. 
• Unfair hike to FCC migration fees, 17 November 2020. 
• Law Council congratulates new Family Law Appointments, 13 November 2020.
• Government should implement Renwick’s recommendations, 13 November 2020. 
• Korean-Australian named as IBA Outstanding Young Lawyer of the Year, 10 November 2020. 

​Key coverage:

• Call for rights act to aid 'iso victims', The Australian, 19 November 2020.
• Australia is the only western democratic country 'without a human rights charter', Sky News, 18 November 2020. 
• China warns Australia and Japan over new defence pact, pledges countermeasures, ABC online, 18 November 2020. 
• Law Council pushes to create Australian "bill of human rights", ABC online, 18 November 2020. 
• A decades-long crisis: the battle to fix Australia's 'broken' family law system, The Guardian, 14 November 2020. 
• Federal MPs to face corruption scrutiny, The Australian, 13 November 2020. 
• Family courts at break point, The Australian, 13 November 2020. 

Events

December

• 4 December 2020 - Hot Topics in Commonwealth Compensation 2020
  Host: Federal Litigation and Dispute Resolution Section
  Time: 9.00 am - 1.00 pm
  Location: Webinar via Zoom