human-rights-parliamentary-scrutiny-act-2011.pdf, p.5
1 Short title
1 Section 1
human-rights-parliamentary-scrutiny-act-2011.pdf, p.6
List of international agreements accessible through the Australian Treaties Library.
10 December 1984 ([1989] ATS 21);
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Governor-General may make regulations for carrying out or giving effect to the Act.
10 Regulations
Regulations must be prescribed for carrying out or giving effect to the Act.
human-rights-parliamentary-scrutiny-act-2011.pdf, p.16
Conditional commencement of Statute Law Amendment (Prescribed Forms and Other Updates) Act 74, 2023
10 Sept
11 June
human-rights-parliamentary-scrutiny-act-2011.pdf, p.1
12 June 2024
Amendment history for Human Rights (Parliamentary Scrutiny) Act 2011
12 June 2024 (s 2(1)
Prohibition on torture and other cruel treatment
18 December 1979 ([1983] ATS 9);
Prohibits torture and other cruel treatment
2 Commencement
Conditional commencement of Parts 2, 3 and 4
2 Section 2
Requires a relation between identifiable temporal intervals for commencement
Later of January 2011 and the 28th day after Royal Assent
Requires an ordered or recurring trace for commencement
Conditional commencement of the Attorney-General’s Portfolio Miscellaneous Measures Act 2024
20 Sept
Compilation information and notes on amendments.
21 June 2024
22 Sept
Conditional commencement of Act 2015 on September 22, 2012
Requires a relation between identifiable temporal intervals for conditional commencement
Conditional commencement on September 22, 2012
3 Definitions
4 January 2012
human-rights-parliamentary-scrutiny-act-2011.pdf, p.8
Establishment of Parliamentary Joint Committee on Human Rights
4 Parliamentary Joint Committee on Human Rights
5 Membership of the Committee
Amended by Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015
5 Mar 2015
The Committee must consist of 12 members.
5(1) Membership of the Committee
The Committee's existence spans a specific temporal interval.
(1) The Committee is to consist of 12 members:
5(2) Membership of the Committee
Exclusion of certain individuals from membership
Cease holding office under specified conditions.
5(3) Membership of the Committee
Member may resign office by writing signed and delivered to the President of the Senate.
5(4) Membership of the Committee
Member has an obligation to resign office by writing signed and delivered.
Member may resign office by writing signed and delivered to Speaker.
5(5) Membership of the Committee
Either House of Parliament may appoint a member to fill a vacancy in the Committee.
5(6) Membership of the Committee
human-rights-parliamentary-scrutiny-act-2011.pdf, p.9
Determination of Committee powers and proceedings
6 Powers and proceedings of the Committee
7 December
The Committee has functions related to human rights examination and reporting.
7 Functions of the Committee
Amendment (Sunsetting Measures) Act 2012
7 Dec 2011
human-rights-parliamentary-scrutiny-act-2011.pdf, p.10
8 Statements of compatibility in relation to Bills
Member of Parliament must prepare a statement of compatibility for proposed Bills.
8(1) Statements of compatibility in relation to Bills
Obligation to prepare a statement of compatibility.
Must present statement of compatibility to the House.
8(2) Statements of compatibility in relation to Bills
Assessment of compatibility with human rights
Assessment of compatibility with human rights required in statements of compatibility.
8(3) Statements of compatibility in relation to Bills
Assessment of compatibility with human rights is required.
Statement of compatibility is not binding on courts or tribunals.
8(4) Statements of compatibility in relation to Bills
(4) A statement of compatibility prepared under subsection (1) is not binding on any court or tribunal.
If statement of compatibility is prepared, then it is not binding.
(4) A statement of compatibility prepared under subsection (1)
Failure to comply does not affect Act validity, operation or enforcement.
8(5) Statements of compatibility in relation to Bills
Exemptions from compliance do not affect Act validity.
9 Statements of compatibility in relation to certain legislative
Rule-maker must prepare statement of compatibility for legislative instruments.
9(1) Statements of compatibility in relation to certain legislative
Obligation to prepare statement of compatibility.
Assessment of compatibility with human rights must be included in statements of compatibility.
9(2) Statements of compatibility in relation to certain legislative
Obligation to include human rights assessment
9(3) Statements of compatibility in relation to certain legislative
(3) A statement of compatibility prepared under subsection (1) is not binding on any court or tribunal.
If a statement is prepared, it may not be binding.
(3) A statement of compatibility prepared under subsection (1)
Failure to comply does not affect instrument validity or enforcement.
9(4) Statements of compatibility in relation to certain legislative
This section applies during the effective period of the legislative instrument.
(4) A failure to comply with this section in relation to a legislative instrument does not affect the validity, operation or enforcement of the instrument or any other provision of a law of the Commonwealth.
Exemptions from compliance do not affect instrument validity.
An Act to establish a Parliamentary Joint Committee on Human Rights, and for related purposes
Human Rights (Parliamentary Scrutiny) Act 2011