HUMAN RIGHTS (PARLIAMENTARY SCRUTINY) BILL 2010

i Human Rights (Parliamentary Scrutiny) Bill 2010 No. , 2010

Contents

Part 1--Preliminary

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Definitions

.........................................................................................

Part 2--Parliamentary Joint Committee on Human Rights

4 Parliamentary

Joint

Committee on Human Rights ............................. 4

5 Membership

the Committee .......................................................... 4

6 Powers

and

proceedings of the Committee ........................................ 5

7 Functions

the Committee ............................................................... 5

Part 3--Statements of compatibility

Statements of compatibility in relation to Bills ................................. 6

Statements of compatibility in relation to certain legislative

instruments ......................................................................................... 6

Part 4--Regulations

10 Regulations

........................................................................................

Part 1 Preliminary

Section 2

2 Human Rights (Parliamentary Scrutiny) Bill 2010 No. , 2010

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s) Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Parts 2, 3 and

The later of:

(a) 1 January 2011; and

(b) the 28th day after this Act receives the

Royal Assent.

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Definitions

(1) In this Act:

human rights means the rights and freedoms recognised or

declared by the following international instruments:

(a) the International Convention on the Elimination of all Forms

of Racial Discrimination done at New York on 21 December

1965 ([1975] ATS 40);

(b) the International Covenant on Economic, Social and Cultural

Rights done at New York on 16 December 1966 ([1976] ATS

5);

Preliminary Part 1

Section 3

Human Rights (Parliamentary Scrutiny) Bill 2010 No. , 2010 3

at New York on 16 December 1966 ([1980] ATS 23);

(d) the Convention on the Elimination of All Forms of

Discrimination Against Women done at New York on

18 December 1979 ([1983] ATS 9);

(e) the Convention Against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment done at New York on

10 December 1984 ([1989] ATS 21);

(f) the Convention on the Rights of the Child done at New York

on 20 November 1989 ([1991] ATS 4);

(g) the Convention on the Rights of Persons with Disabilities

done at New York on 13 December 2006 ([2008] ATS 12).

Note:

In 2010, the text of an international agreement in the Australian Treaty

Series was accessible through the Australian Treaties Library on the

AustLII website (www.austlii.edu.au).

member means a member of the Committee.

rule-maker has the same meaning as in the Legislative Instruments

Act 2003.

the Committee means the Parliamentary Joint Committee on

Human Rights for the time being constituted under this Act.

(2) In the definition of human rights in subsection (1), the reference to

the rights and freedoms recognised or declared by an international

instrument is to be read as a reference to the rights and freedoms

recognised or declared by the instrument as it applies to Australia.

Part 2 Parliamentary Joint Committee on Human Rights

Section 4

4 Human Rights (Parliamentary Scrutiny) Bill 2010 No. , 2010

Part 2--Parliamentary Joint Committee on Human

Rights

4 Parliamentary Joint Committee on Human Rights

As soon as practicable after the commencement of the first session

of each Parliament, a joint committee of members of the

Parliament, to be known as the Parliamentary Joint Committee on

Human Rights, is to be appointed according to the practice of the

Parliament.

5 Membership of the Committee

(1) The Committee is to consist of 10 members:

(a) 5 members of the Senate appointed by the Senate; and

(b) 5 members of the House of Representatives appointed by that

House.

(2) A member of the Parliament is not eligible for appointment as a

member of the Committee if he or she is:

(a) a Minister; or

(b) the President of the Senate; or

(d) the Deputy-President and Chair of Committees of the Senate;

(e) the Chair of Committees of the House of Representatives.

(3) A member ceases to hold office:

(a) when the House of Representatives expires by effluxion of

time or is dissolved; or

(b) if he or she becomes the holder of an office specified in any

of the paragraphs of subsection (2); or

Parliament by which he or she was appointed; or

(d) if he or she resigns his or her office as provided by

subsection (4) or (5).

Parliamentary Joint Committee on Human Rights Part 2

Section 6

Human Rights (Parliamentary Scrutiny) Bill 2010 No. , 2010 5

(4) A member appointed by the Senate may resign his or her office by

writing signed by him or her and delivered to the President of the

Senate.

(5) A member appointed by the House of Representatives may resign

his or her office by writing signed by him or her and delivered to

the Speaker of that House.

(6) Either House of the Parliament may appoint one of its members to

fill a vacancy amongst the members of the Committee appointed

by that House.

6 Powers and proceedings of the Committee

All matters relating to the powers and proceedings of the

Committee are to be determined by resolution of both Houses of

the Parliament.

7 Functions of the Committee

The Committee has the following functions:

(a) to examine Bills for Acts, and legislative instruments, that

come before either House of the Parliament for compatibility

with human rights, and to report to both Houses of the

Parliament on that issue;

(b) to examine Acts for compatibility with human rights, and to

report to both Houses of the Parliament on that issue;

referred to it by the Attorney-General, and to report to both

Houses of the Parliament on that matter.

Part 3 Statements of compatibility

Section 8

6 Human Rights (Parliamentary Scrutiny) Bill 2010 No. , 2010

Part 3--Statements of compatibility

8 Statements of compatibility in relation to Bills

(1) A member of Parliament who proposes to introduce a Bill for an

Act into a House of the Parliament must cause a statement of

compatibility to be prepared in respect of that Bill.

(2) A member of Parliament who introduces a Bill for an Act into a

House of the Parliament, or another member acting on his or her

behalf, must cause the statement of compatibility prepared under

subsection (1) to be presented to the House.

(3) A statement of compatibility must include an assessment of

whether the Bill is compatible with human rights.

(4) A statement of compatibility prepared under subsection (1) is not

binding on any court or tribunal.

(5) A failure to comply with this section in relation to a Bill that

becomes an Act does not affect the validity, operation or

enforcement of the Act or any other provision of a law of the

Commonwealth.

9 Statements of compatibility in relation to certain legislative

instruments

(1) The rule-maker in relation to a legislative instrument to which

section 42 (disallowance) of the Legislative Instruments Act 2003

applies must cause a statement of compatibility to be prepared in

respect of that legislative instrument.

Note:

The statement of compatibility must be included in the explanatory

statement relating to the legislative instrument (see the definition of

explanatory statement in section 4 of the Legislative Instruments Act

2003).

(2) A statement of compatibility must include an assessment of

whether the legislative instrument is compatible with human rights.

(3) A statement of compatibility prepared under subsection (1) is not

binding on any court or tribunal.

Commonwealth of Australia Bills

HUMAN RIGHTS (PARLIAMENTARY SCRUTINY) BILL 2010