QCCL MEDIA RELEASE: WORKCHOICES DECISION HIGHLIGHTS NEED FOR HUMAN RIGHTS ACT
Mr. Cope President of the Queensland Council for Civil Liberties says “The decision of the High Court in Workchoices case brings home the vast increase in commonwealth powers which have occurred particularly in the last 30 years. In doing so it also adds to the case for the Commonwealth Government to introduce a Human Rights and Responsibilities Act “.
Traditionally conservative politicians like John Howard have used as one of their reasons for opposing a Human Rights Act, the argument that the division of powers between the commonwealth and the states but protects our civil liberties. The increase in powers of the Commonwealth is rapidly eroding this protection.
The Communist Party Dissolution Bill in the early 1950’s was rejected in the High Court not because it trampled on civil rights, which it did, but because the Court held that the Commonwealth Government did not have the power to make such a law. In other words it was defeated by federalism.
But the more powers the High Court gives to the Commonwealth the less protection federalism provides against the invasion of basic civil liberties.
With its power to regulate the activities of trading corporations now firmly entrenched because of the prevalence of corporations in our lives, the power of the Commonwealth to regulate our daily lives has been significantly increased.
“The Council calls upon the Commonwealth government to follow the leads of the ACT and Victoria and introduce a Human Rights and Responsibilities Act. Similar legislation is also being actively contemplated in Tasmania and New South Wales.
Mr. Cope says, “The Human Rights Acts introduced in Victoria and the ACT do not give the Courts the power to strike down legislation. As a result they cannot be criticised on the basis that they are undemocratic by taking power away from parliament and giving it to judges. They rely very much upon moral persuasion. But that moral persuasion has proved effective in other countries including Canada and the UK.”
“There is a growing movement in the Australian states for the introduction of human rights and responsibilities acts. It is time John Howard and Phillip Ruddock got on to the bandwagon.”
17 October 2006
Queensland Council for Civil Liberties