‘Human rights’ is a simple concept: the rights let you do what you reasonably want to do…without preventing someone else doing what they want to do. But they can get bound up in formal ‘legalese’. Here, CLA explains our understanding of what ‘human rights’ means as applied to Australia, and why we should have a national, or federal, Human Rights Act or bill of rights like NZ, Canada, the UK and the USA.
Recent revelations of secret recordings of lawyers and their clients at Risdon Prison by Tasmanian Police over two months raised major alarm bells. The Commonwealth Ombudsman has been consistently calling out TasPol for its recording devices and surveillance warrant failures for years. TasPol's “compliance culture” is lacking, the Ombudsman says. In other words, TasPol does not obey the law. SPECIAL ANALYSIS reveals how extensive the TasPol problem is: nothing less than a full inquiry into TasPol will get to the root causes of its problems.
Police can self-authorise some warrants, or get a magistrate or judge to issue others. But whatever method is mandated, warrants are frequently incorrectly issued in Australia on false, dodgy or incomplete information containing wrong details and not meeting legal requirements, or by unauthorised people. The Commonwealth monitors warrant processes, and its Ombudsman has singled out one state in particular, Tasmania, for compliance and culture criticism over the past few years
Election in the offing: law ’n order pollies get desperate. Both major parties want new ‘frighten the citizens laws’, reducing people’s rights, increasing secret surveillance, giving police yet more powers. Pollies pretend the ill-thought-through laws will reduce crime. More likely crime will increase. Stand by for other ghastly laws from the skeleton hands of Premier Perrottet and Pals of the NSW parliamentary ghost train, where scare the punters trumps care for the citizens.
Throughout the world, people are losing the human rights protection they thought they had. The loss of a layer of personal protection is happening at the stroke of the pen of judges, presidents and ministers. In Australia, we don’t have a layer to lose: that’s why it’s even more urgent fo the new government, the Greens and Independents to require the Albanese government to bring in a national Human Rights Act, much sooner than later.
In this excellent article, social justice journalist Paul Gregoire outlines – with the help of CLA’s CEO Bill Rowlings – how bringing in a Human Rights Act to accompany a new National Integrity Commission will help complete Australia’s ethical infrastructure. Doing so would also go a long way towards fulfilling PM Albanese’s commitment on election night to ‘looking after the disadvantaged and vulnerable’ and to ‘shard values of fairness’.