On 15 June 2009, Mallesons’ Human Rights Law Group made a submission to the Federal Government’s National Human Rights Consultation.
The submission recommends the introduction of a Human Rights Act - an ordinary Act of Parliament which sets out a framework for human rights protection.
Such a Human Rights Act would, among other things, require public authorities to act in accordance with human rights, require Courts to interpret legislation consistently with human rights, and require new legislation introduced into Parliament to be accompanied by a Statement addressing its compliance with human rights.
On 10 December 2008, Federal Attorney-General Robert McClelland announced a national consultation into the protection and promotion of human rights in Australia, including whether Australia should adopt a national Charter of Rights.
The consultation is being conducted by an independent Committee chaired by Father Frank Brennan. The Committee is asking the Australian community:
- Which human rights (including corresponding responsibilities) should be protected and promoted?
- Are these human rights currently sufficiently protected and promoted?
- How could Australia better protect and promote human rights?
Mallesons’ Human Rights Law Group (HRLG) operates in each of our Australian centres. The principal purpose of the HRLG is to establish and maintain the firm’s expertise in the field of human rights law, and to ensure that Mallesons can advise and guide the activities of our clients when human rights issues arise.
The HRLG promotes and raises awareness within the firm of human rights and human rights law issues, as well as providing Mallesons' staff with the opportunity to be actively involved in human rights law case work and research.
In 2005, the HRLG in Melbourne prepared a submission for the Victorian Government's human rights consultation process. That submission supported the introduction in Victoria of a Charter of Rights and discussed many of the legal issues relevant to such a move. The result of the Victorian Government’s consultation was the introduction of the Charter of Human Rights and Responsibilities Act 2006 (Victorian Charter).
With the introduction of the Human Rights Act 2004 in the ACT and the Victorian Charter, human rights law has become increasingly relevant to Mallesons’ commercial and pro bono clients. The HRLG is continuing to develop the firm’s expertise in relation to this specific human rights legislation and on developments in human rights law generally.
Mallesons’ expertise in this area will be particularly relevant if the result of the National Human Rights Consultation is the introduction of federal human rights legislation.
To speak with us about the Mallesons HRLG, please contact Kate Mills or Robert Cooper.