George Williams (Gilbert + Tobin Centre of Public Law, University of New South Wales): As the United Kingdom faces a possible national debate on the future of the Human Rights Act and a possible Bill of Rights - not to mention debate over the Northern Ireland Human Rights Commission advice to the UK government on a Bill of Rights for the province - it may be of value to keep eyes on the national debate that is beginning in Australia on whether to have its own human rights act.
It surprises many that Australia lacks a bill or charter of rights, but in fact it is the last democratic country in the world without such an instrument. This is not due to a lack of trying, with failed national attempts to bring about such a law in the 1970s and 1980s. The latest attempt represents a once in a generation opportunity to bring about national reform. It has been initiated by the newly elected Rudd Labor government that came to office in late 2007.
Australia, a federal state, does have charters of rights at the state and territory level. The first to be enacted was the Australian Capital Territory's Human Rights Act 2004, followed by the Victorian Charter of Human Rights and Responsibilities 2006. Community-based inquiries in Tasmania and Western Australia have recommended like reform. These processes, like the just announced national inquiry, were based upon that undertaken in Victoria. I was the Chair of the Victorian inquiry which proved to be extremely effective in giving Victorians a say, with over 2,500 submissions, over 100 meetings around the state that produced a sense of reform being built from the ground up. The success of the Victorian process has recently been recognised by the UK's Joint Committee on Human Rights.
Australia's national human rights consultation is being run by an independent committee of four people chaired by Father Frank Brennan. It is seeking submissions by 29 May 2009 and has been asked to report back to the federal government by the end of August 2009. The inquiry has already attracted considerable media attention, and grassroots and other committee organisations mobilising to have their say.
