Unrepentant meddling priest, Frank Brennan, and Federal Attorney-General, Robert McClelland, must have known that a report recommending a Human Rights Act for Australia would struggle for media air if released in a week when both the AFL and the Liberal Party were engaged in “Trade Week”.

However, there is sufficient substance in the 379 pages of the report by Brennan and his co-committee members to still be providing food for thought long after people know whether the Fev for Daniel Bradshaw and Joe Hockey for Malcolm Turnbull deals have gone through.
The big news is that the Committee recommended “that Australia adopt a federal Human Rights Act”.
The Committee, however, evinced a capacity for drama and for covering its political bases.
The recommendation is the last in the report coming on page 378, the second last page.
The report builds like entertainment on Grand Final Day with the first recommendation mentioning the various treaties which should be the source of human rights to be promoted and protected.
Human rights education comes next and then a series of auditing and legislative and administrative process steps to encourage better consideration of human rights in government decision making.
Eventually, the shape of a Human Rights Acts is sketched out in recommendations that include the words “in any federal Human Rights Act”. Then the crescendo recommendation on the second last page that we should indeed have AN ACT.
The Committee recommended a dialogue model for the Act. Interestingly, the Solicitor-General, Stephen Gageler, considered that a declaration of incompatibility was unlikely to raise Constitutional problems.
The Committee, however, considered that such declarations should be restricted to the High Court. On the other hand, the Committee considered that a breach of the Human Rights Act (apart from economic and social rights) by a federal public authority should give right to the usual suite of remedies including damages.
The Committee recommended that economic and social rights be included in the legislation but only give rise to a right to make complaints to the Human Rights Commission.
The priority ESRs were adequate food, clothing and housing; highest attainable mental and physical health; and education.
The Committee received a huge participation by the public with over 35,014 submissions. Of those who considered a Human Rights Act, 27,888 out of 32,091 favoured such an Act.
The Consultation carried out by the Committee was surrounded by much politicking and battle for hearts and minds of the public as well as those of the Committee by both proponents and opponents of a Charter of Rights or, as it has become, a federal Human Rights Act.
The Committee’s report is a victory for supporters of such legislation who will be happy with most of the Committee’s recommendations.
The Report is, however, just the first round in an escalating battle. The battle to convince Kevin Rudd that a Human Rights Act is good politics will be a key aspect of a war that will still be being fought long after Fev has become a Brisbane Lion.
Facebook Recommendations
Read all about it
Punch live
Up to the minute Twitter chatter
@ToryShepherd I hope that's in your piece tomorrow. Also - are you coming over this week or laaaaaater?
Recent posts
The latest and greatest
Deep down we’re all unionists, even the haters
Bill Kelty made a memorable speech last week. Addressing the ACTU Congress Dinner in Sydney, the legendary…
Craig Thomson speaks. Meanwhile, in Australia…
Speaking of yourself in the third person is usually a sign that you’re suffering from delusions…
South Australia. It’s the middle bottom bit.
If South Australia had just arrived in the world, red and wrinkled and mewling, what would we call it?…
Nosebleed Section
choice ringside rantings
From: They must pay for one’s bitter disappointments
Michael S says:
"A teacher at Geelong Grammar had criticised her for using words that were too long, which had left her confused and had made her doubt her ability to write essays. She became ''quite distressed'' when her English marks began to fall." I can sympathise. My scholastic mentors conveyed to me a causal relationship… [read more]From: Welfare for breeders is a bonus for everyone
Change Up! says:
I have no problem paying my taxes. As a single, childless person on a very decent income, I can afford it and not have my life severely altered. Plus I understand that my taxes paying for things like schools, childcare and infrastructure is ultimately a good thing. A better community is better for me… [read more]Gentle jabs to the ribs
They must pay for one’s bitter disappointments
A private school girl’s family is sueing her elite, extremely expensive private school for not… Read more
Most commented