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Legislative Assembly for the ACT: 2004 Week 02 Hansard (Tuesday, 2 March 2004) . . Page.. 515 ..

The previous Whitlam government had attempted to place the issue on the agenda in the form of the Human Rights Bill 1973 which, along with the Racial Discrimination Bill 1973, was to serve as the bedrock antidiscrimination reform of the government. Attorney-General Murphy withdrew the Human Rights Bill after pronounced criticisms from the states, eager to avoid federal intrusion.

The Racial Discrimination Bill did become law and is now an accepted part of our egalitarian society. It has subsequently been recognised as leading legislation across the world. The Racial Discrimination Act has been joined by the Sex Discrimination Act and other elements of our human rights and equal opportunity framework in the years since 1975. Perhaps if self-interest had not stood in the way of the Human Rights Bill 1973, it too would be equally regarded today.

The bill before us today has a lineage which is linked to those reforms and this tradition. It explicitly encapsulates the ICCPR and gives it legal standing directly for the laws of the territory. These rights remain at the core of a democratic society and are deserving of protection and enhancement. Rights to assembly, expression, movement and due process are indisputably essential to guaranteeing democratic freedoms. As with the Canadian Charter of Rights and Freedoms and the New Zealand Bill of Rights Act, it is expected that these rights will be of particular relevance in ensuring that our legal system preserves the rights of those appearing before the courts.

The rights of individuals to fair and transparent processes under government will be enhanced by this bill. Whilst the Human Rights Bill will not give a new right of action against government agencies, it does put the emphasis on urging government to act consistent with the rights contained in the bill at all times in relation to the whole community rather than the actions of an individual. That will prevent unnecessary litigation while at the same time improving this systemic role of the bill of rights.

With the passing of this bill, human rights will be more fully integrated into the everyday actions of government. Assembly committees will publicly scrutinise bills for their human rights significance and the Attorney-General will prepare a public statement outlining the compatibility of any law with the new bill of rights. As more and more law is made through parliamentary legislation, these provisions become increasingly important.

Under the act, the Legislative Assembly will be able to make laws in the same way as it does now. This new legislation will not prevent the Assembly from passing laws that limit rights if it is necessary to do so, but it will require that human rights be taken into consideration during the development of new laws and will also ensure that the Assembly is fully informed if a bill departs from the rights enshrined in the Human Rights Act.

These provisions will improve the scrutiny of bills from the legislative end of the process. Public statements of these sorts will form the basis of more informed community debate and help many in the community to evaluate the actions of government against a recognised community and human rights standard.

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