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Human Rights report completed

The State Government has welcomed the findings of a report into how Western Australia could develop laws to protect the human rights of its people.

Western Australian Attorney General Jim McGinty congratulated the committee who produced the report on their exhaustive public consultation on the issue.

"The work done by the committee is a model example of how Governments should gather the opinion of the public on important issues,” Mr McGinty said.

"The committee ran an extensive program of community consultation and the report found that there was strong support for a Human Rights Act.

"I would like to thank the members of the committee for their comprehensive report and the thorough way they have gone about their task."

Former Federal Minister Fred Chaney AO, a director of Reconciliation Australia, chaired the group. The other members were the head of the WA Council of Social Service Lisa Baker, former Anglican Primate Dr Peter Carnley and child health researcher Associate Professor Colleen Hayward.

The committee held more than 40 public hearings and received nearly 400 submissions from the public, community, organisations and government agencies.

Consultative Committee chairman Fred Chaney said there was clear majority support for a WA Human Rights Act - both from submissions the committee received and the findings of an independently run public opinion poll commissioned in August.

Eighty-nine per cent of the 401 people surveyed believed WA should have a law to protect human rights.

The committee found that human rights legislation should:

  • Maintain Parliamentary sovereignty. Democratically elected politicians and not judges should retain the responsibility for determining how rights should be balanced and when rights should be limited for the common good of the community;
  • Encourage a human rights culture in Government departments and agencies;
  • Discourage litigation as a way to resolve human rights issues. The emphasis should be placed on conciliation to settle disputes; and
  • Protect civil and political rights as well as social, economic and cultural rights.

The consultation revealed that many people believed their rights, or the rights of others, were not given sufficient respect and needed greater protection.

Mr McGinty said any successful charter of human rights would need to be simple, relatively straightforward in implementation and not lead to an overly litigious society.

"Ideally human rights should be shared by all Australians and not be subject to change when you cross State borders,” Mr McGinty said.

"Human rights protection is an objective best pursued at a national level.

"The WA State Government welcomes the recent comments from new Federal Attorney General Robert McClelland that he intends to consult the community about the introduction of a national charter.

"We are keen to contribute to a national discussion about the possible introduction of a Commonwealth human rights charter.

"The new Federal Labor Government's position on human rights is in stark contrast to the hostile position adopted by the former Howard Government.

"It seems sensible that further consideration of a State-based charter await the outcome of Mr McClelland’s federal consultation.

"Our Government strongly supports the protection of human rights and will be looking to make a positive contribution to any national discussion."

Mr McGinty said the report by the State Government appointed consultation committee would help inform any debate at the national level.

The consultation committee's report had, however, raised major issues that would need careful consideration.

"For example, the recommendations that recognition and implementation of economic, social and cultural rights be included in the proposed act could lead to unintended consequences," he said.

"Also the committee's proposal to vest certain human rights functions with the Equal Opportunity Commissioner required further thought."

The committee's report is available online at: www.humanrights.wa.gov.au > Final Report

Human Rights consultation phase ends

The deadline for written submissions has now passed and the series of public forums held throughout the State is now complete. The Consultative Committee has completed its work and provided its report to the State Government.

Human rights roadshow reports progress

As the human rights committee entrusted with canvassing feedback from WA residents crossed the State, many people spoke out about which human rights they value most.

Attorney General Jim McGinty had asked the consultative committee, led by former MP Fred Chaney, to hold forums around WA to ask people whether they support WA getting its own human rights law.

Public forums were held in places as far afield as the Kimberley and the Pilbara, the Goldfields, the Great Southern and Esperance.

Some of the public comments received included:

  • people should have human rights but they must also recognise they have responsibilities
  • one human right should be equal access to justice for all
  • the rights of property owners could clash with the rights of tenants
  • could the Ombudsman have an enforcement role?
  • is the right to defend oneself against a criminal a human right?

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