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The Australian Human Rights Commission (the Commission) makes this submission to the Senate Finance and Public Administration Committee (the Committee) in its Inquiry into National Security Legislation Monitor Bill 2009 (the Bill).

The Hon John Hatzistergos MP Attorney-General Parliament House, Macquarie Street, Sydney NSW 2000 And by email: office@hatzistergos.minister.nsw.gov.au

The Bill should, however, be amended to require the Independent Reviewer to consider the human rights impacts of laws relating to terrorist acts and to strengthen the Independent Reviewers information gathering powers.

The Human Rights and Equal Opportunity Commission (‘HREOC’) makes this submission to the Clarke Inquiry, which has been established to inquire into the case of Dr Mohamed Haneef. This inquiry raises important issues of law and practice and HREOC welcomes the opportunity to make a submission.

The Human Rights and Equal Opportunity Commission (HREOC) makes this submission to the Parliamentary Joint Committee on Intelligence and Security review of the power to proscribe organisations as terrorist organisations (the PJCIS Review).

The Human Rights and Equal Opportunity Commission (‘the Commission’) makes this submission to the Senate Legal and Constitutional Affairs Committee’s (‘the Committee’) inquiry into the Anti-Money Laundering and Counter-Terrorism Financing Bill 2006 (Cth) (‘the Bill’).

1.1 The Human Rights and Equal Opportunity Commission (‘HREOC’) is established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (‘HREOC Act’). It is Australia's national human rights institution. 1.2 Its functions are set out in section 11(1) of the HREOC Act and include the power to promote an understanding and acceptance, and the public discussion, of human rights in Australia.

The Commission is concerned that the AML/CTF Bill 2006 (the bill) doesn’t do enough to ensure financial institutions adopt non-discriminatory criteria in determining the ‘money laundering/ terrorism financing risk’ (ML/TF risk) of providing a designated service to a customer.

1.1 The Human Rights and Equal Opportunity Commission (‘the Commission’) is established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (‘HREOC Act’). It is Australia's national human rights institution.

Recommendation 1: The Bill should be amended to include additional sub-clauses (in s105.4(4) and (6)), which require the issuing authority to be satisfied that the purpose for which the order is made cannot be achieved by a less restrictive means.

The Human Rights and Equal Opportunity Commission (‘the Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the Law and Justice Legislation Amendment (Video Evidence and Other Measures) Bill 2005 (‘the Bill’). The Commission welcomes the opportunity to make this submission and thanks the Committee for its invitation.

The Human Rights and Equal Opportunity Commission (‘the Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the National Security Legislation Amendment Bill 2005 (‘the Bill’). The Commission welcomes the opportunity to make this submission and thanks the Committee for its invitation.

At the hearing held 13 April 2005, the Commission took a number of questions on notice. I am advised that the answers to the Honourable Senators’ questions are as set out below.

1. The Human Rights and Equal Opportunity Commission ('the Commission') is established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth). It is Australia's national human rights institution.

1. The Human Rights and Equal Opportunity Commission (the Commission) is established by the Human Rights and Equal Opportunity Commission Act 1986 (HREOC Act). The Commission is Australia's National Human Rights Institution.

I note from the Discussion Paper that the ALRC is proposing a new statutory regime in respect of the disclosure and admission of classified and security sensitive information in court and tribunal proceedings.

"Not every disturbance or catastrophe qualifies as a public emergency which threatens the life of the nation, as required by article 4, paragraph 1. The Covenant requires that even during an armed conflict measures derogating from the Covenant are allowed only if and to the extent that the situation constitutes a threat to the life of the nation. If States parties consider invoking article 4 in other situations than an armed conflict, they should carefully consider the justification and why such a measure is necessary and legitimate in the circumstances.

1. The Human Rights and Equal Opportunity Commission ("HREOC") is established by the Human Rights and Equal Opportunity Commission Act 1986. It is Australia's pre-eminent body for the protection of human rights.

I regret to say that international human rights experts, including those of the UN system, are unanimous in finding that many measures which States are currently adopting to counter terrorism infringe on human rights and fundamental freedoms.

1.1 The Human Rights and Equal Opportunity Commission ('HREOC') is established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ('HREOCAct'). It is Australia's national human rights institution.