Brandis Calls for Inquiry into Human Rights in Australia


Brandis Calls for Inquiry into Human Rights in Australia

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humbert
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imonfourfourtwo wrote:
It's been said a million times here I'm sure, but doesn't everyone know that only the freedom of political speech is implicitly guaranteed by the Commonwealth Constitution? And really the only people who ever claim they have a right to freedom of speech are those who partake in hate speech.


That's half the problem isn't it? Why have shit for rights in this country, and the prevailing reaction is; "she'll be right mate"

This country
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afromanGT
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Every day that passes, Australia makes me cringe more and more.
Carlito
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Wow . Just wow .so only people who agree with the liberal elite are allowed an opinion? People complaining about the east west link protesters saying that they'll should be grateful as it makes life easier for people to drive to work
notorganic
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This is our new champion of free speech.


imonfourfourtwo
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It's been said a million times here I'm sure, but doesn't everyone know that only the freedom of political speech is implicitly guaranteed by the Commonwealth Constitution? And really the only people who ever claim they have a right to freedom of speech are those who partake in hate speech.
humbert
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Looking forward to the repeal of 18C.
notorganic
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Jobs for the IPA boys
WaMackie
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http://www.attorneygeneral.gov.au/Mediareleases/Pages/2013/Fourth%20quarter/17December2013-AppointmentofMrTimothyWilsonasHumanRightsCommissioner.aspx

Appointment of Mr Timothy Wilson as Human Rights Commissioner
17 December 2013

Cabinet yesterday decided to recommend to her Excellency the Governor-General the appointment of Mr Timothy Wilson as Australia’s new Human Rights Commissioner.

Mr Wilson, who has for the past seven years been a Policy Director at the Institute of Public Affairs, is one of Australia’s most prominent public advocates of the rights of the individual.

He has published and broadcast widely on the topics of personal freedom, liberal democratic values and the rule of law. He was at the forefront in thwarting recent attempts to erode freedom of speech, freedom of the press and artistic freedom – rights and freedoms Australians have always held precious.

The appointment of Mr Wilson to this important position will help to restore balance to the Australian Human Rights Commission which, during the period of the Labor government, had become increasingly narrow and selective in its view of human rights.

During the election campaign, I promised to create at least one “Freedom Commissioner” at the Australian Human Rights Commission. Next year, I intend to bring forward reforms to the Commission. In the meantime, I have asked Mr Wilson to focus on the protection of the traditional liberal democratic and common law rights, including, in particular, the rights recognised by Article 19 of the International Covenant on Civil and Political Rights.

Mr Wilson’s extensive background as a public policy intellectual, his skill as an advocate and his courage as a human rights champion make him superbly equipped to be Australia’s new Human Rights Commissioner
afromanGT
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leftrightout wrote:
WaMackie wrote:
afromanGT wrote:
Yup. Blame that one on Julia Gillard when she hasn't been in office for some six months you spud.


Defending a fellow dud South Australian out of State pride? Or speaking with clarity?


afromanGT - South Australian of the year 2013 :lol:

Wins by virtue of not living there :lol:
macktheknife
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The only 'freedom' that will come from this is freedom for the right to discriminate against people (like Andrew Bolt), and freedom for corporate interests to trash our national economy and climate in the quest for more profits.
notorganic
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WaMackie wrote:
notorganic wrote:
What you have conveniently left out:


I pasted the words from the A-G's Press Release.

At least it's on here for people to see, i'm giving the people the RIGHT to comment on it. Something you miss at times.


How generous of you :lol:
WaMackie
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notorganic wrote:
What you have conveniently left out:


I pasted the words from the A-G's Press Release.

At least it's on here for people to see, i'm giving the people the RIGHT to comment on it. Something you miss at times.
notorganic
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WaMackie wrote:
What the REAL media won't tell you.


http://www.smh.com.au/federal-politics/political-news/george-brandis-asks-australian-law-reform-commission-to-find-laws-that-encroach-on-rights-freedoms-and-privileges-20131211-2z6qm.html

What you have conveniently left out:

Quote:
The terms of reference for the inquiry are broad.
Senator Brandis wants the commission to target Commonwealth laws that shift the burden of proof and interfere with freedom of speech, religion, and freedom of association.
He also wants to target laws that retrospectively extend criminal law, restrict access to the courts and “inappropriately delegate legislative power to the executive”.
He has asked the commission to specifically focus on commercial and corporate regulation, environmental regulation and workplace relations.
“It's essentially an audit of the entire body of Commonwealth law,” Anthony Mason professor of law at UNSW George Williams said.
“It's an enormous task that Senator Brandis has set the Law Reform Commission. They'll have to sift through the body of Commonwealth law looking for infringements with a large range of freedoms and rights.”
But Greens senator Penny Wright said the inquiry was “extremely broad” and the issues it was attempting to address concerned the need for a bill of rights, which Senator Brandis does not support.
She said Senator Brandis' position was based on an ideological view that religious freedoms should trump “not being discriminated against”.
“AG Brandis is using the language of freedom, but this government has shown it is not to be trusted on such matters,” Senator Wright told Fairfax Media.
Professor Williams welcomed the review, saying it will expose the fact that there is a far wider range of freedoms being infringed in Commonwealth law than people realise.
“I broadly support what he's trying to do because I think what often happens is that laws are made and then they're forgotten,” he said.
“I think it's a very good idea to go back and look at the laws on the books to identify problems that otherwise simply don't get attention.”
“But the real proof of this will come, not in the identification of problems, but whether the government ultimately has the political will to fix what will be a broad range of problems that this audit will identify.”


Funny, no actual specific reference to actual laws that demonstrably discriminate against individuals... such as Marriage Amendment Act 2004 or "border protection" policies adopted by both the ALP and LNP...

Edited by notorganic: 16/12/2013 10:16:40 AM
leftrightout
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WaMackie wrote:
afromanGT wrote:
Yup. Blame that one on Julia Gillard when she hasn't been in office for some six months you spud.


Defending a fellow dud South Australian out of State pride? Or speaking with clarity?


afromanGT - South Australian of the year 2013 :lol:
WaMackie
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afromanGT wrote:
Yup. Blame that one on Julia Gillard when she hasn't been in office for some six months you spud.


Defending a fellow dud South Australian out of State pride? Or speaking with clarity?
afromanGT
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Yup. Blame that one on Julia Gillard when she hasn't been in office for some six months you spud.
WaMackie
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What the REAL media won't tell you. This is what happens when a dud like Gillard is appointed PM.



UNCLASSIFIED

Coat of arms

SENATOR THE HON GEORGE BRANDIS QC

ATTORNEY-GENERAL

MINISTER FOR THE ARTS

MEDIA RELEASE





NEW AUSTRALIAN LAW REFORM INQUIRY TO FOCUS ON FREEDOMS


The Attorney-General, Senator the Hon George Brandis QC, has asked the Australian Law Reform Commission (ALRC) to review Commonwealth legislation to identify provisions that unreasonably encroach upon traditional rights, freedoms and privileges.

Senator Brandis said that the review will be one of the most comprehensive and important ever undertaken by the ALRC.

“This is a major instalment towards the commitment I made to restore the balance around the issue of human rights in Australia,” said Senator Brandis.

“I have asked the Commission to identify where traditional rights, freedoms and privileges are unnecessarily compromised within the legal structure of the Commonwealth. Where encroachments exist, the Commission will determine whether they are justified.

“For too long we have seen freedoms of the individual diminish and become devalued. The Coalition Government will strive to protect and restore them.”

“Freedoms are some of the most fundamental of all human rights. They underpin the principles of democracy and we cannot take them for granted.

“The Commission will focus in particular upon commercial and corporate regulation; environmental regulation; and workplace relations.”

The Attorney-General has asked the Commission to provide its report by 1 December 2014. The proposed terms of reference are attached.



Media contact:

11 December 2013





Proposed Terms of Reference

REVIEW OF COMMONWEALTH LAWS FOR CONSISTENCY WITH TRADITIONAL RIGHTS, FREEDOMS AND PRIVILEGES

I, Senator the Hon George Brandis QC, Attorney-General of Australia, having regard to the rights, freedoms and privileges recognised by the common law,

REFER to the Australian Law Reform Commission for inquiry and report pursuant to section 29(1) of the Australian Law Reform Commission Act 1996 (Cth);

Identification of Commonwealth laws that encroach upon traditional rights, freedoms and privileges; and
a critical examination of those laws to determine whether the encroachment upon those traditional rights, freedoms and privileges is appropriately justified.



For the purposes of the inquiry ‘laws that encroach upon traditional rights, freedoms and privileges’ are to be understood as laws that:

reverse or shift the burden of proof;
deny procedural fairness to persons affected by the exercise of public power;
exclude the right to claim the privilege of self-incrimination;
abrogate legal professional privilege;
apply strict or absolute liability to all physical elements of a criminal offence;
interfere with freedom of speech;
interfere with freedom of religion;
interfere with vested property rights;
interfere with freedom of association;
interfere with freedom of movement;
disregard common law protection of personal reputation;
authorise the commission of a tort
inappropriately delegate legislative power to the Executive;
give executive immunities a wide application;
retrospectively change rights and obligations;
retrospectively extend criminal law;
alter criminal law practices based on the principle of a fair trial;
permit an appeal from an acquittal; and
restrict access to the courts;



focusing in particular upon:

commercial and corporate regulation;
environmental regulation; and
workplace relations.



Scope of the reference

In undertaking this reference, the Australian Law Reform Commission should consider Commonwealth laws. In considering if any changes to Commonwealth law should be made, the Australian Law Reform Commission should consider:

how laws are drafted, implemented and operate in practice; and
any safeguards provided in the laws, such as rights of review or other scrutiny mechanisms.



Consultation

In undertaking this reference, the Australian Law Reform Commission should identify and consult relevant stakeholders, including relevant Commonwealth departments and agencies, the Australian Human Rights Commission, and other key non-government stakeholders.

Timeframe

The Commission is to provide its report by 1 December 2014.

Edited by wamackie: 13/12/2013 01:20:31 PM
GO


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