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The structure of the Act is intended to preserve Parliamentary sovereignty. However, it is our view that the application of the Act to any order or direction or similar exercise of rulemaking power by the executive which is not approved of or in some way subject to parliamentary scrutiny, does not infringe on parliamentary sovereignty
Read MoreAny set of rights is pretty useless if you do not have an environment in which you can enjoy them. To that end, we do support the inclusion in the Act of a right to a healthy environment
Read MoreThe implementation of a digital identity scheme in Australia is a significant step and it is imperative that this is approached in a way that is measured, transparent, comprehensively safeguarded and that the Australian community is fully informed as to all potential consequences of this path
Read MoreThe implementation of a digital identity scheme in Australia is a significant step and it is imperative that this is approached in a way that is measured, transparent, comprehensively safeguarded and that the Australian community is fully informed as to all potential consequences of this path;
Read MoreThe Parliament should also take the opportunity to remedy a big hole in the law in Queensland by providing a right to those who are wrongfully convicted of a criminal offence to claim compensation.
Read Morein our view the Federal Act should contain a provision similar to Commonwealth anti-discrimination legislation which provide that the Act is not intended to exclude or limit the operation of a law of a state (or territory) that furthers the objects of the Act and is capable of operating concurrently with the Human Rights Ac
Read MoreWhy is the government indulging in this reprehensible behaviour? Because it is trying to arrest its way out of the youth crime problem. The Council accepts that there is a youth crime problem. However, this problem cannot be solved by arresting and detainig more children”
Read MoreCurrently, Australia is the last western democratic country to refrain from explicitly protecting their human rights in legislation, which has subsequent implications for the protection of human rights for Australian citizens
Read More“The traditional requirement that before a search can proceed there must be a reasonable suspicion that a crime has been committed or a weapon found is a bulwark protection of our liberty. Such a requirement is essential to being able to prevent arbitrary searches or searches based on bias. The granting of such powers will inevitably result in unwarranted invasions of privacy.”
Read MoreIn 2001 and 2005 the Federal and State Parliaments passed laws designed to deal with terrorism. Most of those laws were subject to sunset clauses. Over 20 years later those laws remain in place, with the sunset period being regularly extended with very little debate. The liberty undermining principles contained in those laws have now been extended into numerous other areas of the criminal law, as we predicted they would. We do not wish the continuing existence of these powers to be used as justification for the micromanagement of people’s lives in other areas.
Read MoreNational security and surveillance powers in Australia ought to follow the introduction of a Federal and enforceable human rights framework, recommended by a succession of law reform commissions and bringing Australia into line with other democratic nations. The protection of Australians’ human rights and associated freedoms is the rationale for the existence of national security legislation and therefore must be the paramount consideration for the use of intrusive powers. Adopting the text and spirit of the guiding principles for reform contained within the Discussion Paper, we consider that it would be appropriate to have the objects of a simplified Electronic Surveillance Act coupled with clear requirements for the use of national security and surveillance powers expressly reflecting Australia’s obligations pursuant to the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights. This would instill public confidence by requiring law enforcement agencies (and Court’s issuing warrants) to have an express object of human rights compliance together with a decision making criteria that directly requires contemplation of human rights implications
Read MoreTwo overarching issues arise from gaps in the ACT human rights legislation: lack of access to justice for breach of a human right and consequent lack of accountability within decision-making bodies. These are inextricably linked to the two purposes of human rights legislation as set out above.
Read MoreI am writing to impress on you the need to commit to that review in the first hundred days of the next Labor government as a catalyst to reform Australia’s commitment to social justice.
Read MoreWe assume therefore that in making each of those directions, you have conducted an analysis which demonstrates that you have given proper consideration to all relevant human rights in preparing the directions.
Read MoreQCCL President Michael Cope said today. “The QCCL opposes the Government Bill extending the Covid emergency powers until 30 April 2022. The QCCL would support an extension of the powers until 31 December 2021, when the question of whether they should be further extended can be considered.”
Read MoreThe virus is not going to disappear any time soon. This means, we are eventually going to have to start finding ways to deal with it that are not draconian. The widespread availability of safe and effective vaccines makes it not only possible for us to cope with the virus in the way we cope with the flu, but dictates that the emergency measures which have been implemented to deal with it must also come to an end
Read MoreThe extraordinary powers, even though they may be justifiable, demand immediate accountability.
Emergency measures do not justify less scrutiny. In fact, the opposite is the case, we need to be even more alert to the threats to our basic liberties. In our submission that should be a key focus of this committee.
The right to freedom of speech is a fundamental right which the City Council in fact has a duty to facilitate. It should do so by enacting laws which comply with its obligations under the Human Rights Act.
Read MoreA Human Rights Act is not a panacea, ultimately only an active citizenry can protect our rights and liberties. However, the Act will provide a new tool that citizens of this State can use to protect themselves. Perhaps more importantly, it will force decision-makers to consider the particular circumstances of each individual, about whom they have to make a decision. That must result in better decisions and better government.Despite our criticisms, we are of the view that this Bill represents a bold reform and this is not the time to allow the perfect to be the enemy of the good.
Read MoreA Human Rights Act is not a panacea, ultimately only an active citizenry can protect our rights and liberties. However, the Act will provide a new tool that citizens of this State can use to protect themselves
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