Page 3313 - Week 08 - Wednesday, 22 August 2012
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The government took the view, in implementing a progressive and staged approach to economic, cultural and social rights in the Human Rights Act, that we should be cautious in implementation. It is the same approach that has proven successful in the introduction of civil and political rights. We did not, at first instance, impose duties on public authorities or impose rights of action and remedy when we introduced civil and political rights. We built a consensus and comfort amongst both public authorities and the broader community that the operations of a human rights act were not detrimental to the ongoing activities of those organisations but, in fact, were of positive benefit to them.
We are taking the same approach when it comes to the implementation of economic, cultural and social rights. For that reason the government cannot support the amendments proposed by Mr Rattenbury. They seek to immediately implement rights—the right of action, remedy before the courts and duties on public authorities. It is in our view a step which is taken too early in the implementation of economic, cultural and social rights within the Human Rights Act.
In due course there will be opportunity to pursue those issues and to implement those provisions that Mr Rattenbury proposes. But in the government’s view now is not the right time to do that. Whilst some may characterise it as modest, what we are doing tonight is a significant reform in the Australian human rights landscape. We will become the first jurisdiction to formally provide for the protection and recognition under law of a right to education in a human rights piece of legislation. It is a significant step, an important step in advancing potentially a range of other economic, cultural and social rights in time into a statutory form.
So we progress in the same way we started with civil and political rights: with caution but with a commitment to ensuring that these rights should be appropriately protected under law. That is why the government will pursue the proposals as outlined in this bill.
In conclusion, this bill is a continuation of a commitment by this Labor administration to looking forward and enhancing the protection and recognition of important rights of citizens in our community. We have a proud history of supporting human rights. We look forward to building on that history and strengthening the frameworks with actions such as the bill which is before us tonight. Labor will always continue to promote and strengthen our human rights culture in the ACT.
I commend this bill to the Assembly as a significant step in improving the rights of all territory citizens now and into the future.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail stage
Clauses 1 to 5, by leave, taken together and agreed to.
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