Parliamentary Scrutiny in Australia ICC 27 General Meeting

1. Prof Gillian Triggs President 14 March 2014 Parliamentary Scrutiny in AustraliaICC 27 General Meeting

2. Statements of Compatibility: an assessment of the compatibility of proposed legislation with Australia’s human rights obligations under the seven core international human rights treaties. Parliamentary Joint Committee on Human Rights: examines bills, legislative instruments and existing legislation for compatibility with human rights.

3. Parliamentary Joint Committee on Human Rights • International Covenant on Civil and Political Rights • International Covenant on Economic, Social and Cultural Rights • Convention on the Elimination of all Forms of Racial Discrimination • Convention on the Elimination of All Forms of Discrimination Against Women • Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment • Convention on the Rights of the Child • Convention on the Rights of Persons with Disabilities

4. Commission engagement in the scrutiny process Pre-legislative engagement Legislation is introduced to Parliament Review phase: Deciding whether a bill requires attention No human rights implications arise from the bill If we agree with the Statement’s assessment that no human rights issues raised, then no action required. Human rights implications arise from the bill If we disagree with assessment in Statement that no HR impact, then consider whether action required. Human rights implications arise from the bill If Statement identifies HR impact from a Bill, consider whether action required.

5. The Commission has identified three key issues to consider when analysing bills: Consideration of the accuracy and adequacy of Statements of Compatibility. Consideration of the potential impact of the bill on identified groups of people, particularly those who are vulnerable. Consideration of the significance of any potential human rights breach that is identified, so that matters are prioritised appropriately.

6. Challenges for the Commission • Keeping up with the number of Bills • Getting the timing right • Avoiding duplication with the Scrutiny Committee • Navigating parliamentary processes • Establishing new relationships with Committee members after a change in government