Time now to act on the Brennan Report

The Brennan Report following the national consultation has set out a well considered and effective approach to improving human rights protection in Australia. The terms of this proposal are similar to the “New Matilda” model the HRAAC has advocated over the last four years.

• An act of parliament would list the major human rights based on Australia’s ratification of the key UN rights conventions and declarations.
• Parliament and the bureaucracy would have a clear and strong role in ensuring all legislation coming into the parliament had undergone consideration of these rights.
• A joint parliamentary committee would monitor and report on human rights matters. An alleged violation of rights could go to the High Court.
• The High Court could consider consistency with the human rights act. A finding of inconsistency by the court would go back to parliament. Parliament would consider what action, if any, to take. The court could not strike down or change legislation.
• Where parliament wished to exclude a law from coverage by the human rights act, that decision would be explicit.

Contrary to the fear mongering of some opponents, under this model the parliament would remain sovereign. The greatest effect would be on commonwealth agents dealing with vulnerable people.  The proposed act would not apply to the private sector, NGO’s or church bodies; it is about how the commonwealth treats individuals with whom it deals.

The Australian Human Rights Group (AHRG) has written to all MP’s setting out our views and seeking meetings. Meetings with the Prime Minister and the Attorney General are on the agenda.

Please convey your support for a Human Rights Act for Australia to all Minsters and as many MP’s and senators as possible, in person, by letter, phone or email.

MP’s are always affected by voters’ views, so make yours known. You are a part of the vast majority of Australians who support an Act, and your actions are crucial to getting the government to implement the Brennan report.

Susan Ryan AO Chair