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