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Australian Parliamentary Joint Committee on Human Rights |
In this report the committee has examined the following bill and legislative instruments for compatibility with human rights. The committee's full consideration of legislation commented on in the report is set in Chapters 1 and 2.
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Chapter 1: New and continuing matters
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The committee did not consider any new bills in this report.
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Chapter 2: Concluded
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Bills committee has concluded its examination of following receipt of
ministerial response
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1
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Advice to Parliament
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Exemption from civil and criminal liability for defence officials and
others
Right to privacy and effective remedy
The committee notes the minister's advice that these proposed immunities
seek to protect defence officials from personal liability
when utilising cyber
capabilities for activities connected to the defence and security of Australia
and that there is a possibility
that this may limit the right to privacy of
people in Australia. The committee considers that it is not clear to what extent
Australians'
privacy may be limited, but if such conduct did impermissibly
limit the right to privacy of a person in Australia, that would in
turn engage
the right to an effective remedy. In this regard, the committee considers
that because the extent of any potential inference
with the right to privacy is
not clear, it is not possible to conclude whether the remedies identified by the
minister would be considered
to be effective remedies for the purposes of
international human rights law.
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Chapter 1: New and continuing matters
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Legislative instruments registered on the Federal
Register of Legislation
between 23 June to 28 August
2023[2]
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275
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Legislative instruments commented on in
report[3]
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1
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Chapter 2: Concluded
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Legislative instruments committee has concluded its examination
of following receipt of ministerial response
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0
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Social Security (Remote Engagement Program Payment) Determination
2023
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Seeking Information
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Remote engagement program
Rights to adequate standard of living; equality and non-discrimination;
just and favourable conditions of work; social security; work
This instrument determines the arrangements between the Commonwealth
and Paupiyala Tjarutja Aboriginal Corporation and the Commonwealth
and
Ngaanyatjarra Council Aboriginal Corporation as the remote engagement program.
It also determines the part of that program that
is a remote engagement
placement and the rate of the remote engagement program payment (that is, $190).
The remote engagement program
is intended to replace the Community Development
Program.
To the extent that the measure provides opportunities for job seekers
to develop employment skills and facilitates the payment of
a supplementary
social security payment, it promotes the rights to work, social security, an
adequate standard of living and the
right to equality and non-discrimination.
However, these rights may also be limited. For example, if work performed as
part of the
remote engagement program placement was characterised as a form of
employment for the purposes of international human rights law,
the measure may
engage and limit the right to just and favourable conditions of work, noting
that it is not clear the rate of payment
would amount to fair renumeration. The
measure may also engage and limit the rights to social security and an adequate
standard of
living if the remote engagement program placement is ended or
cancelled and consequently the payment removed.
The statement of compatibility does not acknowledge that the measure may
limit human rights and so provides no assessment as to the
permissibility of
such limitations. The committee is therefore seeking further information from
the Minister for Indigenous Australians
to assess the compatibility of the
measure with these rights.
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Instruments imposing sanctions on
individuals[4]
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A number of legislative instruments impose sanctions on individuals. The
committee has considered the human rights compatibility of
similar instruments
on a number of occasions, and retains scrutiny concerns about the compatibility
of the sanctions regime with
human
rights.[5] However, as these
legislative instruments do not appear to designate or declare any individuals
who are currently within Australia's
jurisdiction, the committee makes no
comment in relation to these instruments at this stage.
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[1] This section can be cited as Parliamentary Joint Committee on Human Rights, Report snapshot, Report 10 of 2023; [2023] AUPJCHR 99.
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URL: http://www.austlii.edu.au/au/other/AUPJCHR/2023/99.html