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1. The Human Rights and Equal Opportunity Commission (the "Commission") makes no submissions about the constitutional validity of s 474 of the Migration Act 1958 (Cth) ("the Act"), nor about the nature of this Court's jurisdiction under s 75(v) of the Constitution. Rather, these submissions are made on the basis that the principles of statutory construction which ground the dicta of Dixon J in R v Hickman; Ex Parte Fox and Clinton (1945) 70 CLR 598 ("Hickman") are applicable to the provisions of the Act, including s 474.

Recommendation 1: The Migration Act should be amended so that detention occurs only when necessary. This should be the exception not the norm. It must be for a minimal period, be reasonable and be a proportionate means of achieving at least one of the aims outlined in international law (ExComm Conclusion 44). These limited grounds for detention should be clearly prescribed in the Migration Act.

‘The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses.’[11] There is a fundamental link between accessing water and living in dignity which means that the human right to water is receiving increased attention and recognition both in Australia and worldwide.[12] The right to water is linked to many other rights including the right to food, the right to health and the right to take part in cultural life.[13]

The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the subsequent SDA, DDA and ADA. This is because it is based to a large extent on, and takes important parts of its statutory language from, the International Convention on the Elimination of all Forms of Racial Discrimination ('ICERD').1

the provisions of an international convention to which Australia is a party can also serve as an indication of the value placed by Australia on the rights provided for in the convention and, therefore, as indicative of contemporary values.[7]

A. Introduction B. The ratification of OPCAT. C. A new torture offence D. Treatment in Immigration Detention E. A system of complementary protection F. Mechanisms to check diplomatic assurances are honoured G. Engagement with the UN Treaty Body process

Part 2.2: The obligations imposed by the right to life (article 6 of the ICCPR), including that by arresting and detaining individuals police take responsibility to care for their life.

1. The key concept underlying the Commission's submissions is the proposition that the Australian legal system recognises, in various ways, an obligation to provide an effective remedy to persons present in this country whose interests have been adversely affected by a decision of an officer of the Commonwealth, where the decision is otherwise than in accordance with law. In this case, the need for an effective remedy is a need of non-citizens affected by decisions made under the Migration Act 1958 (Cth) ("the Act").

The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the SDA, DDA and ADA. This is because it is based to a large extent on, and takes important parts of its statutory language from, the International Convention on the Elimination of all Forms of Racial Discrimination.

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).

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.