A national Human Rights Act would enshrine the rights and freedoms of all Australians
For many in modern Australia, it’s easy to imagine that our human rights and freedoms are well protected. But some Australians have little assurance of this – young people navigating the youth justice system, vulnerable individuals and families relying daily on public housing, disability services or social security, or Aboriginal and Torres Strait Islander communities seeking to uphold their cultural rights.
3 December 2019
In truth, at some point in our lives, any one of us could find our human rights at risk, whether it be in accessing timely health care, living free from intrusions to our privacy, or in other areas of life. And that’s why we support the enactment of a national Human Rights Act to protect and promote the rights and freedoms of all Australians.
“Every day at the Commission we hear from people who have felt excluded or been treated unfairly, who have been discriminated against because of their personal characteristics, or who have had their human rights breached by the public authorities they rely on,” says Victorian Equal Opportunity and Human Rights Commission Executive Director Catherine Dixon. “A national Human Rights Act would be a powerful foundation for embedding a fair, respectful and inclusive culture of human rights for the benefit of all Australians.”
In our submission to the Australian Human Rights Commission’s inquiry on the need for a national Human Rights Charter, we draw on our experience as Victoria’s independent human rights regulator and share real-life examples of how Victoria’s Charter of Human Rights and Responsibilities has helped build a human rights culture in Victoria.
In recent years, Victoria’s Charter has shaped major legislative reforms to provide stronger and fairer laws, such as the Mental Health Act 2014. Within public authorities, it has improved decision-making – for example, by shaping the Department of Health and Human Services’ public housing policy and procedure manuals – and has helped to embed a culture of human rights, evident in Port Phillip City Council’s use of the Charter framework to tackle rough sleeping in the city. There are examples from Victorian courts and tribunals, too – in 2012, the Court of Appeal referred to the Charter when considering whether a reporting scheme for convicted criminals arbitrarily interfered with their right to privacy.
“By making human rights an ongoing conversation between Parliament, the public sector and courts, Victoria’s Charter anchors human rights in the day-to-day interactions between Victorian public and their government,” Ms Dixon says. “Since the Charter was first enacted 13 years ago, we’ve seen real examples of how the Charter can protect the fundamental liberties that we are all entitled to.”
The recommendations in our submission focus on:
- the scope of rights that should be included in a national Human Rights Act
- how decision-makers can balance competing interests when rights come into conflict
- what kind of pathways would provide remedies for individuals if their human rights are breached
- the need for ongoing training to help public authorities fulfil their obligations and members of the public know what protections they are entitled to
- the important role the Australian Human Rights Commission could play as a national regulator for human rights.
“A national Human Rights Act would be a powerful mechanism for elevating and protecting the human rights of all Australians – not just as a symbol, but as a real tool for delivering fairer laws, shaping decisions of government, and ensuring human rights are incorporated into our judicial system,” says Ms Dixon.
Media contact
Victorian Equal Opportunity and Human Rights Commission
Phone: 1300 292 153
Email: enquiries@veohrc.vic.gov.au
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