Page 2943 - Week 10 - Thursday, 7 October 2021
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
Amendments to the Human Rights Commission Act 2005, which vest the ACT Human Rights Commission with the powers to deal with complaints about the treatment of vulnerable people, have enhanced scope to support the human rights of vulnerable Canberrans. This measure has been identified as being of ongoing value to the community beyond the pandemic and the COVID-19 emergency declaration.
By addressing complaints about vulnerable people experiencing mistreatment, this measure promotes the right to be free from torture, cruel, inhuman or degrading treatment. Although this measure may limit the right to privacy and the right not to incriminate oneself, any interference with these rights is reasonable and justifiable because the Human Rights Commission only has access to information that is relevant to its consideration of a complaint.
Amendments to the Public Trustee and Guardian Act 1985 which amend the delegation functions of the Public Trustee and Guardian were particularly useful during the pandemic as they increased the capacity of the Public Trustee and Guardian to assist clients during the COVID-19 emergency period. This was recommended for long-term adoption by the independent protection of rights services review, as it will expedite decision-making to avoid delays for clients and reduce reliance on key senior staff availability. Although this measure may limit several rights, including the right to privacy, right to work, right to freedom of movement and right to liberty and security of person, any limitation is reasonable and justifiable as it will assist the Public Trustee and Guardian to provide timely and appropriate support to clients.
Amendments to the Retirement Villages Act 2012, which allow residents’ meetings to be conducted via alternative methods of communication other than face to face, have assisted in protecting the health and safety of retirement village residents and promoting good governance and legislative compliance during the COVID-19 pandemic. These measures have been identified to have ongoing benefits to the protection of the health of residents and promoting operational efficiencies in retirement villages in the future. As this measure allows residents and operators to express their opinion and discuss matters in a safe space, this measure promotes the right to freedom of expression.
Amendments to the Taxation Administration Act 1999 which establish a deferral scheme, exemption scheme and rebate scheme to support delivery of the ACT economic survival package assisted the Treasurer in providing various concessions to households and businesses. These measures have ongoing benefits by providing a consistent set of powers for deferrals, rebates and exemptions across revenue lines, forgoing the need to rely on different powers under various acts. This makes for a more consistent operation of powers, with more clarity of expectations.
Importantly, unlike some of the scattered analogous powers, these provisions require that the powers are exercised by a disallowable instrument, including a human rights compatibility statement. This ensures that these powers will be exercised with appropriate oversight and after due consideration and explanation. Although this measure limits the right to privacy, the information necessary for collection is provided for by law.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video