Australia's Human Rights Scrutiny Regime

Adam Fletcher

In 2010 the Australian Government decided that it would not propose a Human Rights Act, despite the relevant recommendation of the 2008-09 National Human Rights Consultation. Instead, it introduced a Human Rights Framework comprising several measures to enhance human rights protection, including theHuman Rights (Parliamentary Scrutiny) Act 2011. The scrutiny regime under that Act was designed to ensure rights would be given due consideration before Commonwealth legislation was passed. The Act created a unique 'bipartite dialogue' system, involving a formal interchange on rights compatibility between the executive and Parliament, while excluding the courts. This set the Commonwealth apart from jurisdictions such as the ACT, Victoria, New Zealand and the UK, which have statutory rights instruments administered by their courts. The book presents a detailed study of all aspects of the...