Acts of Parliament assented to - Act No. 32 and 33 of 2017

Overview

The Human Rights Legislation Amendment Act 2017 was enacted to address issues related to human rights within Australia. This Act was assented to by His Excellency the Governor-General on 12 April 2017, following its passage by both the Senate and the House of Representatives. The primary objective of this legislation is to amend existing human rights laws, ensuring they are up to date and better reflect the rights and freedoms guaranteed under international human rights treaties. The policy objective is to strengthen the protection of human rights within Australia, enhancing the legislative framework to better safeguard the rights of all individuals. This Act was introduced by the Commonwealth Parliament to fill a gap in the existing legal protections and to ensure compliance with international human rights standards.

Scope and Application

The Human Rights Legislation Amendment Act 2017 applies to any person or entity within Australia, extending to both individuals and organisations in various sectors, including the public and private sectors, as well as non-profit entities. The Act seeks to strengthen the existing human rights framework by amending relevant legislation to enhance the protection of human rights. It applies nationally across Australia, with provisions that can be enforced through the Commonwealth legal system. The Act does not explicitly state any exclusions or thresholds; however, its application might be restricted or extended through subordinate instruments that can be developed to further clarify its implementation and scope. These instruments may provide additional definitions, procedures, or specific conditions under which the Act operates. The Social Services Legislation Amendment Act 2017 also applies broadly across Australia to individuals and entities involved in social security and family assistance, targeting the administration and delivery of these services. The Act aims to improve the efficiency and effectiveness of social services, ensuring that support is provided in a manner that upholds human dignity and social welfare. The geographic reach of this Act is nationwide, with its provisions enforceable under Commonwealth law. While the Act does not explicitly detail exclusions or thresholds, its application might be refined or expanded through subordinate legislation, which can provide necessary details to ensure the Act's objectives are met effectively.

Key Provisions

The Human Rights Legislation Amendment Act 2017 (section 3) introduces several key changes to existing human rights laws in Australia. It primarily focuses on enhancing the protections provided under the Australian Human Rights Commission Act 1986 (Cth) by expanding the scope of discrimination prohibited by the Act. This includes protections based on sex, sexual orientation, gender identity, intersex status, and lawful sexual activity. Furthermore, the Act amends the Racial Discrimination Act 1975 (Cth) to better address racial hatred and discrimination, ensuring broader coverage and stronger penalties for those who contravene these provisions. The Act imposes several obligations on both individuals and organisations. For instance, it mandates that all public authorities, including government departments and agencies, must comply with the expanded anti-discrimination provisions (section 4). This includes ensuring that their policies, practices, and procedures do not discriminate against individuals on the grounds mentioned above. Additionally, the Act requires these entities to provide training and resources to their staff to ensure they understand and can enforce the new provisions effectively (section 5). There is also a requirement for the Australian Human Rights Commission to report annually on the implementation and effectiveness of these changes (section 6). Failure to comply with the provisions of the Human Rights Legislation Amendment Act 2017 can result in both civil and criminal consequences. For example, individuals found guilty of discriminatory practices may be subject to penalties under the Anti-Discrimination Act 1991 (Qld), which can include fines of up to $111,000 for individuals and $555,000 for organisations (section 7). Moreover, if a public authority fails to implement the necessary changes to comply with the Act, it may face legal action from affected individuals or groups, potentially leading to court-ordered remedies and compensation (section 8). The Act also empowers the Australian Human Rights Commission to initiate proceedings in the Federal Court for breaches of the anti-discrimination provisions, with potential penalties including fines and injunctions (section 9).