Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697641786043.pdf (Australia)
A Human Rights Act for Australia Lodged via email: human.rights@aph.gov.au 30 June 2023 The Hon Josh Burns MP, Chair Parliamentary Joint Committee on Human Rights Parliament House Canberra ACT 2600 SUBJECT: Submission to the Parliamentary Joint Committee on Human Rights, Inquiry into Australia’s Human Rights Framework Dear Mr Josh Burns and Committee Members Please accept my submission into the Inquiry into Australia’s Human Rights Framework and a Federal Human Rights Act.
I live in Ballarat on the Land of the Wadawurrung People.

I am a social justice activist and a member of Ballarat Rural Australians for Refugees (RAR).
When considering the human rights abuses that have taken place in recent times including: people held in mandatory indefinite immigration detention for years on end; people held off shore denied or delayed medical treatment; imprisonment of young children; the inadequacy of homeless people’s living conditions, including for women and children fleeing domestic violence; the Northern Territory Intervention; the Robo Debt scandal, it is clear that there is a need for protections of people’s human rights.
It is also clear that much must be done to repair and rebuild trust in our institutions and embed fairness, respect, dignity and decency in policies and actions of governments.
“’tis an unweeded garden, That grows to seed; things rank and gross in nature The soliloquy from William Shakespeare’s play Hamlet With credit to an essay by Dr Oliver Tearle, Loughborough University, UK https://interestingliterature.com/2021/07/hamlet-something-rotten-state-of-denmark-meaning-analysis/ I am in favour of a Federal Human Rights Act that defines Human Rights for myself and everyone; sets out clearly what our rights are; puts in place protections for these rights; and educates us about everyone’s rights.
Moral disengagement Human Rights should matter so it bothers me that Australians don’t seem to care because why do we allow governments to abuse people’s human rights.
In the case of refugees “(u)sing the argument of saving lives not only helped to legitimize offshore detention and the conditions within it, but it also served the important function of ameliorating moral dilemmas that come from inflicting pain upon refugees.” Suffering to Save Lives: Torture, Cruelty, and Moral Disengagement in Australia’s Offshore Detention Centres, Jamal Barnes, Journal of Refugee Studies, Volume 35, Issue 4, December 2022. https://academic.oup.com/jrs/article/35/4/1508/6646968?login=true There is much to do to move away from victim blaming.
Inquiry into Australia's Human Rights FrameworkSubmission 297 A Human Rights Act for Australia I therefore support the intention of ‘promoting understanding, acceptance and public discussion of human rights in Australia’, expressed in the Australian Human Rights Commission’s discussion paper (Sec 14.5) Free and Equal | A Human Rights Act for Australia 2022.
I see this as a critical way of growing our nation and particularly endorse: Recommendation 6: That a national human rights education program be introduced targeted to the Australian Public Service, primary and secondary schools, workplaces and the general community.

Recommendation 10: That the Australian Government support measures that invest in and build community capacity to realise human rights and freedoms.

There is also an imperative that adequate funding is committed.
My recommendation is that the Australian Parliament should enact a federal Human Rights Act as follows: (1) Include all the proposed elements as set out in the Australian Human Rights Commission's position paper Free and Equal | A Human Rights Act for Australia 2022 (2) Include a specific protection from domestic violence (3) Include age care rights (4) Extend the expression of timeliness.
Timeliness is specific to several proposed rights and should be extended to other appropriate areas, using the same phrases i.e.

‘without unreasonable delay’; ‘quickly as possible’.

Without timeliness there can be no fairness in a Human Rights system (5) Ensure properties of rights expressed in some of the proposed rights are applied equally to other proposed rights (where appropriate).

For example, the criminal rights section is very well developed and should equally apply elsewhere.
These particular properties are things like ‘to have the free assistance of an interpreter if the person cannot understand or speak English’ and ‘to have the free assistance of specialised communication tools and technology, and assistants, if the person has communication or speech difficulties that require the assistance’ (6) Ensure funding matches the ambition Suggested additional rights and inclusions to the wording of some of the proposed rights Protection of children (2) Public authorities shall take into account the best interests of every child as a primary consideration in all actions concerning them [INSERT ‘quickly as possible’] Right to adequate standard of living Comment: This proposed right covers a right to housing and adequate food, water and clothing Recommend additional point (4) A right to safe and high quality care and services.
This wording is based on the Charter of Aged Care Rights under the Aged Care Act 1997 https://media.accessiblecms.com.au/uploads/opan/2021/11/ACQSC_Charter-of-Rights_A5_Booklet_V11b.pdf Right to health (1) Every person has the right to access physical and mental health services without discrimination [INSERT ‘without unreasonable delay’] Comment: Many refugees held in off shore detention e.g.

Manus Island were not able to access health services when required.
It is also important people understand what is happening.

Suggest the same form of words as those used in Rights in Criminal Proceedings i.e.
‘to have the free assistance of an interpreter if the person cannot understand or speak English’ and ‘to have the free assistance of specialised communication Inquiry into Australia's Human Rights FrameworkSubmission 297 A Human Rights Act for Australia tools and technology, and assistants, if the person has communication or speech difficulties that require the assistance’.
Recognition and equality before the law; and Freedom from discrimination Comment: To be recognised and treated equally is hindered when the person before the law is unable to understand their rights.

Suggest use the same form of words as those used in Rights in Criminal Proceedings i.e.
‘to have the free assistance of an interpreter if the person cannot understand or speak English’ and ‘to have the free assistance of specialised communication tools and technology, and assistants, if the person has communication or speech difficulties that require the assistance’.

Protection from torture and cruel, inhuman or degrading treatment Comment: Domestic violence faced mainly by women is something we can’t ignore it.

It must be named.

It can’t be kept behind closed doors.


By naming it we have a better chance of preventing it.

“ ..There will still be a woman that gets murdered next week .. And unless we invest in prevention — calling out harmful attitudes, changing behaviours — we will continue to have the same outcomes."

Rosie Batty, Domestic violence campaigner and Australian of the Year 2015.
Rosie Batty joins family violence experts' calls to prioritise preventing coercive control, Hayley Gleeson, ABC, Posted Fri 17 Sep 2021 https://www.abc.net.au/news/2021-09-17/rosie-batty-family-violence-victoria-coercive-control-prevention/100467392 Suggested inclusion: (d) subjected to domestic violence which may include coercive control, limiting access to finances, preventing contact with family and friends, demeaning and humiliating treatment (overlaps with (b), and threats and acts of physical and sexual violence against the person or their family.
Humane treatment when deprived of liberty Comment: To ensure people receive humane treatment it is important they understand what is happening.

Suggest use the same form of words as those used in Rights in Criminal Proceedings i.e.
‘to have the free assistance of an interpreter if the person cannot understand or speak English’ and ‘to have the free assistance of specialised communication tools and technology, and assistants, if the person has communication or speech difficulties that require the assistance’ Right to liberty and security of person Comment: This section does not adequately reflect the rights of people detained on non criminal grounds.
(3) A person must not be deprived of the person’s liberty except on grounds, and in accordance with procedures, established by law.

[INSERT- and dealt/finalised ‘without unreasonable delay’] Comment: Currently refugees and people seeking asylum are held indefinitely for years without trial so 5(b) does not apply.
(4) A person who is arrested or detained must be informed at the time of arrest or detention of the reason for the arrest or detention and must be promptly informed about any proceedings to be brought against the person [INSERT “to have the free assistance of an interpreter if the person cannot understand or speak English”] Inquiry into Australia's Human Rights FrameworkSubmission 297 A Human Rights Act for Australia Conclusion Evidence shows we need a Human Rights Act.

It will benefit all of us.


My Recommendation The Inquiry recommends the Federal government legislate a Human Rights Act based on all the elements outlined in the position paper developed by the Australian Human Rights Commission (Free and Equal | A Human Rights Act for Australia, December 2022), taking into account the suggested additional rights, and inclusions to the wording of some of the proposed rights, as outlined in this submission.
Yours sincerely (Mrs) Dale Dumpleton Inquiry into Australia's Human Rights FrameworkSubmission 297