The Campaign
Do you trust the government to adequately defend your human rights, or would you prefer to see your rights enshrined in law?
Did you know Australia is unique among comparable democracies in lacking such protection?
The Human Rights Act for Australia campaign is seeking to change this.
Campaign Welcome
Who Are We?
Goals of the Campaign
Campaign Milestones
The Model Bill
Campaign Welcome
Human Rights Act for Australia Campaign Chair Susan Ryan writes:
“Australia has a huge gap in its national laws. We are the only democracy lacking a comprehensive charter or human rights act to protect basic rights such as freedom of speech, of movement, of religion, of association, the right to vote, to a fair trial, freedom from torture, freedom from detention without trial.”
Who Are We?
The campaign was officially launched in the Sydney Town Hall on October 5, 2005 under the sponsorship of the on-line magazine, New Matilda (www.newmatilda.com) as the New Matilda Human Rights Act for Australia campaign.
It continued to operate throughout 2006-7 from the New Matilda premises, with ongoing financial and logistical support from the New Matilda organisation.
With the relaunch of New Matilda in January 2008 it was decided to separate the campaign from New Matilda, so as not to compromise the independence of the New Matilda magazine. The campaign has been relaunched as the Human Rights Act for Australia campaign.
The Human Rights Act for Australia campaign Association Inc. comprises a campaign committee, which runs the campaign on a day-to-day basis and a board which sets the strategic direction. All members of the campaign operate on a voluntary basis.
The campaign is registered as an Association with the NSW Office of Fair Trading.
The Campaign Committee
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Peter Frank (National Campaign Coordinator)
Peter joined the campaign as a volunteer in late 2005 after retiring from the Department of Foreign Affairs and Trade after a career of almost 30 years with the department, two thirds of which was spent on overseas postings.
Rod McGuinness (Treasurer)
Rod is currently the General Manager of newmatilda.com. He has managed a number of organisations in industries including the arts, a community legal centre and human resources.
Prof. Spencer Zifcak (Legal advisor)
Spencer is Professor, Institute of Legal Studies, Australian Catholic University, with expertise in human rights law. He coordinated the writing of the model Human Rights Act bill.
Rys Farthing (State coordinator-Victoria and youth liaison) Rys lectures in Youth Work at RMIT University in Melbourne.
The Board
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John Menadue AO
John is a former Australian Public Servant. He was head of three Federal Government Departments, including Immigration and Prime Minster and Cabinet. John was also a Telstra Director and Chief Executive Officer of Qantas.
David Bryant
David is a Partner within the search firm arm of Talent2 International. He has over twenty years in human resource management in both the private and public sectors. He is a part time lecturer at the AGSM and the Deputy Chairman of the Kindergarten union, the largest not for profit provider of childcare in Australia.
Rod McGuinness (Treasurer and public officer)
Goals of the Campaign
The campaign was launched in response to growing concern in the community about the inability of the law to protect fundamental rights like freedom of speech, right to a fair trial, freedom of association, and freedom from detention without trial. Australia’s treatment of asylum seekers to date, sedition laws, and the rushed passage of the raft of anti-terror laws highlighted the urgent need to give legal protection to important rights.
This imperative is further strengthened by the growing gap between the well-off and the powerless in Australia, exacerbated by diminishing access to essential services in rural communities.
A human rights act or charter would assist us to tackle these problems. Where laws designed to protect national security intrude on traditional rights, a charter would provide checks and balances essential to democracy. It would also reinvigorate our most import democratic institution – the Parliament of Australia. Thus the ultimate goal of the campaign is to have a Human Rights Act enacted in Australian law.
Campaign Milestones
The initial phase of the campaign involved opening a dialogue with the Australian community and with our parliamentary representatives about the need for a bill or charter of rights. This phase had two stages:
Consultation Stage
The campaign was launched on 5 October 2005 at the Sydney Town Hall by the Rt. Hon. Malcolm Fraser and other prominent Australians. This launch signalled the beginning of the consultation phase across all capital cities and major regional centres. (link to launch speeches)
Submissions received as a result were considered in the production of a ‘final’ model Bill presented, in Melbourne on 13 August 2006. (link to presentation speeches)
Advocacy Stage
The advocacy stage commenced with a systematic parliamentary lobbying campaign. All Members and Senators were approached seeking their support for a Private Members Bill. By mid 2007 over 50 face to face meetings had been held and significant support was received from across all parties. However, with the Howard government contesting the need for such legislation, it was decided to pursue the intermediate step of lobbying to have the issue investigated via an inquiry into need for Australian human rights legislation by the Senate Standing Committee on Legal and Constitutional Affairs.
The campaign focused on securing the endorsement for such a Senate inquiry from human rights organisations and those representing disadvantaged and marginalised groups most at risk in the present environment. Positive responses supporting this inquiy were received from over 40 community organisations by the time campaigning was suspended in November 2007, pending the outcome of the federal election campaign: See list of supportive organisations.
The incoming Rudd Labor government was committed to reviewing human rights legislation and the new attorney general, Robert McClelland, announced his intention of consulting the community about a Charter of Rights and Responsibilities in his first major press interview.
On December 10, 2008, the attorney general officially launched the National Human Rights Consultations. This process will commence early in 2009 and after reviewing submissions made to it and engaging in face to face community consultations across Australia, will be reporting to the Government in August 2009
The Model Bill
The campaign produced a model Human Rights Bill which seeks to honour Australia’s obligations under a range of international human rights instruments including the International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR).
Professor Spencer Zifcak led the drafting, with assistance of Professor George Williams, Professor Hilary Charlesworth, Dr Helen Watchirs, Julian Burnside QC, Brian Walters SC and Jo Swarc. This model bill represents a legislative instrument as opposed to a constitutional US-style Bill of Rights. For more information visit our FAQ.
The Model Bill was refined to take into account submissions made during the consultation process and was reviewed a final time in May 2009 before submission by the HRAAC to the Governments National Human Rights Consultation.
A copy of this final version can be downloaded below, together with the Explanatory Paper and the covering letter which accompanied the submission.
Download the Model Human Rights Bill 2009 ((Word))
Download the Human Rights Bill Explanatory Information submission((Word))
Download the covering letter to the National Human Rights Consultation submission ((Word))
Read more about how you can take action in Get Involved.