Protecting and Promoting Human Rights in Australia

While many Australians enjoy a high standard of living and the security that comes from living in a stable democracy, there are others who regularly experience fear, hunger, homelessness, powerlessness and discrimination.

For these people, lack of adequate human rights protection affects their ability to be free from arbitrary detention, to be treated equally before the law and to be treated with dignity and respect in the community.

The Law Council is of the view that a Human Rights Act is the most effective way to ensure that the rights of all Australians are adequately protected.

Working closely with law societies and bar associations around Australia and the Large Law Firm Group, the Law Council has developed a policy in support of a federal Human Rights Act. Our policy is aimed at ensuring that decision-makers take human rights into account when making and administering the law.

This policy formed the basis of the Law Council's contribution to the National Human Rights Consultation, run by an independent Committee, which took place in 2009. During the course of the Consultation, many different individuals and community groups expressed support for the enactment of a Human Rights Act. The enactment of a Human Rights Act was also one of the recommendations contained in the National Consultation Committee's report, along with thirty other recommendations for reform, some of which do not require the existence of a Human Rights Act.

In response to the National Consultation Committee's report, the Attorney General has released Australia's Human Rights Framework, which includes initiatives focused on human rights education, improved parliamentary security of human rights, a new National Human Rights Action Plan and an immediate review of anti-discrimination laws. The Framework does not include the enactment of a Human Rights Act, nor does it include many of the other recommendations of the National Consultation Committee.

The Law Council has expressed disappointment at the Government's failure to adopt or implement all of the recommendations contained in the report of the National Consultation Committee, including the recommendation that a federal Human Rights Act be enacted.

However, the Law Council welcomes the positive initiatives contained in the Human Rights Framework and looks forward to working with the Government on the design and implementation of the proposed initiatives to ensure that they are implemented in a manner that maximises protections for the human rights of all Australians.

On this page you will find a range of materials relevant to the protection and promotion of human rights in Australia, including the Law Council's Policy Statement, the Australian Government's Human Rights Framework and the recommendations of the National Consultation Committee.