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Dear Senator The Administrative Decisions (Effect of International Instruments) Bill, and human rights Australian Lawyers for Human Rights is an association of lawyers with expertise in human rights law, its principles and practice. ALHR educates lawyers in human rights practice, and offers independent expert views on contemporary human rights issues. One such issue is the current Administrative Decisions (Effect of International Instruments) Bill being debated in the Senate. The Bill is misconceived. As well, it further reduces Australians’ access to international human rights guarantees, and Australia’s standing in the eyes of democratic world. You would be aware that the Teoh decision did not make international treaties Australian law. It merely requires bureaucrats to have regard to Australia’s treaty obligations. For six years they have been doing this, free to make the decision they think is preferable, having regard to all relevant factors including treaty obligations and government policy. The Teoh decision is a guarantee of procedural fairness. People in Australia can currently expect that government decisions will be made having regard to our voluntarily assumed international obligations. The Teoh Bill would replace this ‘requirement’ to consider with a mere ‘opportunity’ to consider. It would remove any guarantee that Australia’s treaties have relevance to Australia. Enacting the Bill would send, to Australians and the world, the message that Australia does not respect its international obligations, and will not guarantee procedural fairness in its decision-making. For these reasons the Bill is misconceived. We urge to consider your position in light of this, and to bring these issues to the attention of your party. Yours sincerely
Simon Rice This page last updated 4th May 2004 |