Christopoulos, Andrew --- "President s page: Towards human rights protection and reconcilation" [2019] PrecedentAULA 52; (2019) 154 Precedent 3

---

TOWARDS HUMAN RIGHTS PROTECTION AND RECONCILATION

By Andrew Christopoulos

It has been a busy start to my year as National President with state conferences in the ACT and Western Australia.

Participation and attendance is on the rise, with record numbers of delegates registering in Western Australia – a sign that things are changing for the better. As I have said on a number of occasions now, collaboration and engagement will be the key to our continued success as a national association.

I must thank our state branch committee members and, in particular, our two recently appointed state presidents Amber Wang (ACT) and Michelle Auntinovich (WA) who did an exceptional job in ensuring the success of each conference.

HUMAN RIGHTS

A number of events across the country have highlighted how fragile and flawed our human rights protections currently are. Raids on journalists, the attacks on press freedoms, and the prosecution of Bernard Collaery are just some of the developments that point to the inadequacy of our national human rights framework.

The ALA has welcomed the opportunity to make a submission in response to the recent Australian Human Rights Commission (AHRC) issues paper. A lot of work has been done, but there is so much more to do.

I have previously observed that Australia is the only western democracy without a national human rights act, bill of rights or charter of rights. Engagement in a national discussion to address these matters is well overdue.

In 2009, the largest ever nationwide consultation on human rights protection was conducted with almost nine out of ten Australians consulted supporting a charter of rights. In our view, the model of protection that best suits our system of parliamentary democracy is a federal legislative human rights charter. This would provide protection by requiring:

1. courts to interpret all existing legislation and regulations in a manner compatible with protected human rights;

2. new legislation and regulations to be accompanied by a statement of compatibility from the relevant minister to certify that the legislation is compatible with human rights;

3. all public authorities to act in a manner that is consistent with the protected human rights or to take those rights into account when making a decision; and

4. all non-government organisations that perform functions of a public nature to comply with the human rights protected by the charter.

It is not just the events of late that underscore the need for action. A charter of rights would lead to significant, positive and life-changing outcomes for some of the most disadvantaged people in our community, resulting in improved quality of services for people with disabilities, Aboriginal and Torres Strait Islander peoples, older people, veterans and other vulnerable persons.

Until a charter of rights is introduced in Australia, the protection of human rights remains piecemeal and located in a range of different legislative instruments, regulations, the Constitution and the common law.

We remain committed to the process of legal reform and will play an active role in continuing the discussion.

RECONCILIATION ACTION PLAN

The Board and tireless staff of the ALA must take a bow. It is with pride that I confirm endorsement of the ALA Reconciliation Action Plan (RAP) by Reconciliation Australia. The Plan will be published shortly and rolled out across the country, carrying with it a significant responsibility to implement the genuine but meaningful process of reconciliation.

The document is not a collective tome of motherhood statements; it will require genuine commitment and support if we are to achieve the desired outcome. In all respects, the heavy lifting starts here. I urge all members, committees, branches and the board to ensure implementation of the plan at every opportunity. This is essential if the process of reconciliation is to succeed.

NATIONAL CONFERENCE 2019

At the time of writing I am gearing up for the 2019 National Conference in Port Douglas. We will be celebrating the ALA’s 25th anniversary – a significant milestone! I look forward to meeting with as many delegates as possible during our National Conference.

Andrew Christopoulos is an accredited personal injury law specialist and Principal of AC Lawyers: Sydney, NSW South Coast and the ACT. PHONE [phone] EMAIL [e-mail].