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AHRC independence welcomed by legal bodies
A proposed law that would ensure the Australian Human Rights Commission remains independent and effective has been welcomed by a number of legal institutions.
Lauren Croft
The Human Rights Law Centre, the Australian Human Rights Institute (UNSW Sydney), and Amnesty International Australia welcomed the introduction of the new proposed law, which introduces requirements that statutory appointments to the commission are made through a publicly advertised, merits-based selection system.
“Whether it’s dealing with the indefinite detention of refugees, sexual harassment in our Parliament or the shameful treatment of Aboriginal and Torres Strait Islander peoples, it’s critical that Australia has a strong and independent Australian Human Rights Commission,” she said.
“We commend the Attorney-General Mark Dreyfus QC for prioritising the need for a transparent, merit-based selection process for future commissioner appointments. The government must now also move quickly to restore funding to the commission so it can properly do its important work.”
The Australian Human Rights Commission receives and mediates thousands of discrimination and human rights complaints each year, undertakes public education, and conducts major inquiries into human rights issues of national significance, such as its Respect@Work inquiry and the Stolen Generations report.
Earlier this year, the global body that accredits national human rights watchdogs warned that the commission’s “A status” ranking might be downgraded if steps were not taken to ensure open merit-based selection processes for future commissioner appointments.
This follows the appointment of Lorraine Finlay as the human rights commissioner — who was hand-picked by the Morrison government without an open-selection process. She was appointed for a five-year team, replacing Ed Santow. In addition, Ben Gauntlett was hand-picked to be the disability discrimination commissioner, also without an open, merit-based selection process in 2019.
Australian Human Rights Institute director Professor Justine Nolan said that the AHRC “must be independent from government”.
“Without clear, transparent and merit-based processes for appointments, this will not happen. Its legitimacy on the world stage and ability to participate at the UN Human Rights Council hangs in the balance unless these political, handpicked appointments end,” she said.
“This bill is the first step to restoring the commission’s credibility and people’s confidence in its long-term ability to effectively protect human rights.”
Amnesty International Australia impact director Tim O’Connor added that the proposed law would be a welcome change.
“The commitment from the Albanese government to ensure transparency and integrity around appointments to the Human Rights Commission is an extremely welcome move,” he said.
“It’s essential for this organisation and its credibility and efficacy that it is independent from government, so we welcome this bill which will ensure appointments to the Human Rights Commission are transparent and merit-based.”
The move has also been welcomed by the Australian Lawyers Alliance — and national president Genevieve Henderson said it was a “step in the right direction” for the country.
“To maintain the credibility of the Australian Human Rights Commission, it is essential that a public, transparent and merit-based selection process for senior members of the commission is legislated. Australia’s international human rights reputation was being undermined by processes that lacked transparency and resulted in a return by the previous government to hand-picked appointments for critical positions within the commission,” she said.
“We commend the Attorney-General on his decision to introduce this bill. A public selection process will ensure broader participation and ensure the best quality candidates are considered for senior roles at the commission.”
Lauren Croft
Lauren is a journalist at Lawyers Weekly and graduated with a Bachelor of Journalism from Macleay College. Prior to joining Lawyers Weekly, she worked as a trade journalist for media and travel industry publications and Travel Weekly. Originally born in England, Lauren enjoys trying new bars and restaurants, attending music festivals and travelling. She is also a keen snowboarder and pre-pandemic, spent a season living in a French ski resort.
