Page 3311 - Week 08 - Wednesday, 22 August 2012
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scrutiny and for laws to be interpreted consistently but not require public authorities to act in consideration of the relevant human rights when making decisions. Our amendment would require public authorities to take account of the right to education.
We would omit clause 9, which states that the 2015 review include consideration of whether part 5A should apply to the economic, social and cultural rights in part 3A. If we are successful in our previous amendments to the bill, this amendment will become consequential.
Those are our amendments, and I commend them to the Assembly. They seek to work within the government’s incremental approach while at the same time make this step in the right direction a slightly bolder one. The Greens will be supporting this bill tonight and hope that the Assembly will support the amendments we are proposing as we believe they will enable the legislation to come to its full fruition.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services and Minister for the Environment and Sustainable Development) (11.46), in reply: I thank members for their support of the bill. It is pleasing, and I think this is the first time, that amendments to the Human Rights Act have achieved the support, at least in principle, of all three parties in this place. That is a significant development.
What it shows, of course, is that the government’s strong commitment to promoting and strengthening human rights in the ACT has been proven by the creation of a piece of legislation that has been a galvanising force in enhancing individuals’ rights in the territory and fostering a genuine culture of respect for human rights.
That this is the case is affirmed by the five-year review of the Human Rights Act, which found that the main effect of the act has been to foster a lively human rights culture within government. By fostering political debate and ensuring consideration of human rights policies in the development of government policy, the act is steadily having a tangible impact on the rights of people living in the ACT. This Labor government is committed to continuing to build and promote a comprehensive body of rights that support a fairer and safer ACT community.
At the time that the act was first passed, and again in 2008, the government committed to considering the inclusion of economic, social and cultural rights in it. The government has now honoured that commitment by partnering with the Australian National University and the University of New South Wales to produce the Australian Capital Territory economic, social and cultural rights research project report. The report is the first in Australia to examine how best to introduce economic, social and cultural rights in statute law and the likely impacts of governance in the ACT. I tabled that report in December last year and undertook further community consultation on the inclusion of economic, social and cultural rights.
Of course, our act already includes 20 fundamental rights based on the International Covenant on Civil and Political Rights, such as the right to privacy, a fair trial, protection of the family and children, freedom of expression, the right to take part in public life, and recognition and equality before the law. This bill, therefore, is the next step and is the first step in incorporating economic, social and cultural rights into the act.
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