Parliamentary Joint Committee on Human Rights

Commission – General

The Parliamentary Joint Committee on Human Rights (PJCHR) is established by the Human Rights (Parliamentary Scrutiny) Act 2011. The committee's main function is to examine all bills and legislative instruments for compatibility with human rights, and to report to both Houses of Parliament on its findings. It also has a function to examine existing legislation and an inquiry function for matters referred to it by the Attorney-General. The powers and proceedings of the committee are set out in the committee's resolution of appointment.

The committee’s scrutiny reports provide the committee’s view on the compatibility of legislation with the seven core human rights treaties to which Australia is a party and these are:

The committee's scrutiny reports, usually tabled each joint sitting week and published on the committee’s website, primarily focus on legislation which raises human rights concerns, including having regard to the information provided by the legislation proponent in the statement of compatibility, explanatory memorandum and any subsequent correspondence. Information about the committee’s approach to human rights scrutiny of legislation and its expectations for statements of compatibility is contained in its Guidance Note 1.

PJCHR resources

Index of Bills and Legislative Instruments

The Index of Bills and Legislative Instruments contains a list of all bills introduced into Parliament and considered by the committee, as well as legislative instruments that raised human rights concerns, during a calendar year. The index is updated following the tabling of the committee's scrutiny report and includes identifying the report(s) in which the legislation was considered; the key issues, where relevant; the human right(s) potentially engaged and/or limited; and the committee's action.

More on the Index of Bills and Legislative Instruments.

Correspondence register

The correspondence register tracks correspondence requested in relation to the committee’s scrutiny reporting, including tracking outstanding correspondence, correspondence recently received and any correspondence received after the requested date.

Guidance notes and resources

This section includes the committee’s Guide to Human Rights, which provides an introduction to 25 of the key human rights protected by the seven international human rights treaties against which the committee considers questions of human rights compatibility. The section also includes the committee’s Guidance Note 1, which sets out the committee’s approach to human rights assessments and its requirements for statements of compatibility, and Guidance Note 2 which sets out some of the key human rights compatibility issues in relation to provisions that create offences and civil penalties.

Scrutiny reports

Includes all of the committee’s scrutiny reports, and the relevant tabling date, since the committee’s first report in August 2012.

Statements and speeches

Includes the Chair’s tabling statements in relation to each scrutiny report as well as speeches delivered by the Chair and other members of the committee.

Inquiries

Inquiry into Australia's Human Rights Framework

On 15 March 2023, pursuant to section 7(c) of the Human Rights (Parliamentary Scrutiny) Act 2011, the Attorney-General referred to the Parliamentary Joint Committee on Human Rights the following matters for inquiry and report by 31 March 2024:

to review the scope and effectiveness of Australia's 2010 Human Rights Framework and the National Human Rights Action Plan
to consider whether the Framework should be re-established, as well as the components of the Framework, and any improvements that should be made
to consider developments since 2010 in Australian human rights laws (both at the Commonwealth and State and Territory levels) and relevant case law
to consider any other relevant matters.

Note that the Attorney-General (at the request of the committee) has granted an extension to 30 May 2024 to report on the Inquiry.

Free + Equal: An Australian Conversation on Human Rights

The Commission’s major, five-year-long project, Free + Equal: An Australian Conversation on Human Rights, proposes a Human Rights Framework to ensure all people are treated with dignity, justice and respect.

Over the five years, the project examined Australia’s existing human rights and anti-discrimination laws, and after extensive research and consultation with government, stakeholder groups and civil society, outlined how the Australian Government can better protect and fulfil human rights.
The proposed Human Rights framework first and foremost benefits ordinary people. It means that all of us, no matter who we are, will have a better understanding of our human rights and will be empowered to take action to get justice when rights have been violated by the government and people that work for it.

Resources

The following versions of Revitalising Australia’s commitment to human rights are available to download:

• Free + Equal full report (PDF 9.6MB) (9.16 MB)

• Free + Equal summary report (PDF 4.4 MB) (4.18 MB)

• Free + Equal two-page explainer (PDF 960KB) (937.33 KB)

More on the Inquiry into Australia's Human Rights Framework

Enquiry into compulsory income

In September 2023, the committee was given the function (under section 243AA of the Social Security (Administration) Act 1999) to review compulsory enhanced income management and compulsory income management (collectively referred to as 'compulsory income management') for compatibility with human rights and report to the Parliament. More on the Enquiry into compulsory income.

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