Arial 18Pt Heading One

Human Rights Committee

Submission to the Attorney-General’s Department on the Development of a National Human Rights Action Plan

February 2011

Submission by the NSW Young Lawyers Human Rights Committee

Contact:

Daniel Petrushnko President, NSW Young Lawyers Level 6, 170 Phillip Street Sydney NSW 2000

W: www.younglawyers.com.au

Alison Ewart Chair, NSW Young Lawyers Human Rights Committee Level 6, 170 Phillip Street Sydney NSW 2000

W: www.younglawyers.com.au

Authors: NSW Young Lawyers Human Rights Committee Liz Snell (Submissions Co-ordinator) Submission on the development of a National Human Rights Action Plan

1. The Human Rights Committee (HRC) of the NSW Young Lawyers is grateful for the opportunity to make a submission to the Attorney-General’s Department on the development of a National Human Rights Action Plan (‘The Plan’).

2. NSW Young Lawyers is made up of law students and legal practitioners who are in their first 5 years of practice or under the age of 36. The HRC is concerned with a range of human rights issues both in Australia and abroad and aims to raise awareness and provide education to the legal profession and the wider community on these issues.

3. The Plan has been developed as part of the Government’s National Human Rights Framework, the Government’s response to the 2009 National Human Rights Consultation (‘NHRC’). A key recommendation of the National Human Rights Consultation was the introduction of a Human Rights Act. The HRC remains disappointed that despite 87% of participants who discussed the issue of a Human Rights Act in their NHRC submissions calling for its introduction1 the Australian Government did not introduce a Human Rights Act.

5. Given the Government has not introduced a Human Rights Act it is vitally important that The Plan is comprehensive and addresses the issues raised in the National Human Rights Consultation. The plan must make real progress towards better human rights protection.

6. The HRC welcomes the Government’s comments that “an action plan that works for Australians can only be achieved through a rigorous process of consultation and debate.”2 The HRC submits this dialogue with civil society should be an active and ongoing process.

7. The HRC further submits the role for NGOs should extend beyond “written submissions during all phases” and “contribution[s]” at the second NGO forum, to including civil society representatives on the Steering Committee. This recognises the important expertise of NGOs and will foster whole of government and community ownership of the Plan.

1 The National Human Rights Consultation Report, (NHRC Report) September 2009 at 264. 2 A New National Human Rights Action Plan for Australia – Background Paper at 3. NSW Young Lawyers Human Rights Committee Level 6, 170 Phillip Street Sydney NSW 2000 www.younglawyers.com.au 8. Additionally, given The Plan is the vehicle through which to implement Australia’s Universal Periodic Review recommendations it should clearly identify Ministerial responsibility and timeframes. To ensure transparency and accountability, where recommendations are only partially implemented or rejected, the Plan should set out reasons for this.

9. Finally, the HRC has read and fully endorses the Human Rights Law Resource Centre’s submission on the development of a National Human Rights Action Plan.

10. Should you have any questions about this submission, please contact Mr Daniel Petrushnko, President, NSW Young Lawyers, or Ms Alison Ewart, Chair, NSW Young Lawyers Human Rights Committee.

NSW Young Lawyers Human Rights Committee Level 6, 170 Phillip Street Sydney NSW 2000 www.younglawyers.com.au