The tools can also be used to facilitate the development of policy and legislation which is consistent with human rights. The Attorney-General's Department has developed tools for assessing human rights compatibility that can be used to undertake an initial assessment of the human rights compatibility of a proposed Bill or legislative instrument. Where can I get assistance to prepare a Statement of Compatibility? However the Attorney-General's Department has developed templates which departments can use if their Bill or legislative instrument does, or does not, engage human rights or freedoms which are found on the Statements of Compatibility templates page. There is no prescribed form for Statements of Compatibility.

Are Statements of Compatibility required to be in a particular form? The department developing the Bill will draft the Statement of Compatibility for the approval of the minister.įor non-government Bills, the member introducing the Bill will be responsible for preparing the Statement of Compatibility.įor legislative instruments, the rule-maker (responsible minister, other person or body, or delegate) will be responsible for the preparation of a Statement of Compatibility. Who is responsible for preparing the Statement of Compatibility?įor Australian Government Bills, the minister responsible for the Bill is responsible for preparing the Statement of Compatibility. Statements of Compatibility are required for all Bills and disallowable legislative instruments, regardless of whether or not the provisions impact on human rights. Must all Bills and disallowable instruments have a Statement of Compatibility?

the Convention on the Rights of Persons with Disabilities (CRPD).

the Convention on the Rights of the Child (CRC).

the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).

the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).

the International Covenant on Economic, Social and Cultural Rights (ICESCR).

the International Covenant on Civil and Political Rights (ICCPR).

Human rights are defined in the Human Rights (Parliamentary Scrutiny) Act 2011 as the rights and freedoms contained in the seven core international human rights treaties to which Australia is a party.

What human rights must be considered in preparing a Statement of Compatibility? What must a Statement of Compatibility contain?Ī Statement of Compatibility must contain an assessment of the Bill or legislative instrument's compatibility with the rights and freedoms recognised in the seven core international human rights treaties which Australia has ratified. Section 44 of the Act sets out those legislative instruments not subject to disallowance. Review of confidentiality protections in the Royal Commissions ActĪll government and non-government Bills and disallowable legislative instruments within the meaning of section 42 of the Legislation Act 2003 must be accompanied by a Statement of Compatibility.Protecting the Rights of Older Australians.Asia-Pacific Economic Cooperation and Privacy.

Emergency Declaration - Privacy Act 1988.Australian Government Guidelines on the Recognition of Sex and Gender.National Statement of Principles relating to Persons Unfit to Plead or Not Guilty by Reason of Cognitive or Mental Health Impairment.Tools for assessing compatibility with human rights.Freedom of information disclosure log-Solicitor-General.United Nations Convention on the Use of Electronic Communications in International Contracts.Annual Consumer Surveys on Online Copyright Infringement.Past copyright reform and consultations.Australia’s Open Government Partnership.

Scrutiny definition