Recognised and protected human rights in Australia and New South Wales can be traced back to several sources.7 Although the New South Wales community as a whole accepted the expansion of executive power through the advice and health needs of experts, it was sensitized from the outset to human rights trade-offs. For example, the Australian Human Rights Commission4 has publicly expressed concern about aspects of the New South Wales government`s response to COVID-19, while the Human Rights Law Centre and other civil society groups have called on the New South Wales Parliament – which has been adjourned due to the pandemic – to reconvene and oversee executive action.5 New Wales South (NSW) relies on rigorous application of the Westminster system of government to protect human rights. In 2020, the system underwent a major stress test via the COVID-19 pandemic, imposing new public conditions on previously unregulated individual freedoms. The author examines the extent to which human rights have played a role in the New South Wales Parliament`s oversight of the response to the 2020 pandemic and considers them inadequate. The author concludes that the case study shows that the state`s human rights model needs to be reconsidered. The fact that five of the six bills were fast-tracked means that all but the Housing Response Bill were approved before being considered by the LR Committee. Even the LR Committee`s report on the Housing Response Bill was published after the bill was passed by the House of Commons and was made available to members of the House of Lords just hours before debate began. This means that the work of the LR Committee was ultimately used only once in the consideration of the six bills relating to a negative amendment to the Housing Response Bill.40 Moreover, none of the explanations and second reading speeches of the six bills contained any reference to human rights, freedoms or the Statutory Review Act 1987 (NSW). There are also specific rights protected by federal and state laws. These include federal laws such as the Sex Discrimination Act 1984, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975, the Human Rights and Equal Opportunity Commission Act 1986, the Privacy Protection Act 1988, the Freedom of Information Act 1982, the Evidence Act 1995 and the Family Law Act 1975.15 New South Wales legislation such as the Anti-Discrimination Act 1977, the Disability Services Act 1993, the Protection of Privacy and Personal Information Act 1998 and the Freedom Act 1989 information also provides protection in the state.16 Residents of New South Wales believe in fair prizes for all. Human rights are universal and apply without distinction.
This means that human rights belong to everyone and cannot be withdrawn on the basis of gender, race, age, sexual orientation, disability and other characteristics. Groups such as Aboriginal and Torres Strait Islander people, refugees and asylum-seekers, persons with disabilities, the elderly, children and youth, LGBTI persons and the CALD communities, who frequently suffer human rights violations, would benefit from increased protection under a human rights law. Sometimes it may seem like lawyers speak a different language, but if you need legal help, what`s the point? Legally declared is the podcast, which does exactly what the title suggests – it explains the law. These are your rights under the law. Creating a mentally healthy workplace means taking the next steps to reduce stigma, support employees, ask for support, and create a culture that prioritizes mental health. In their review of the role of committees in protecting rights in Australian parliaments, Grenfell and Moulds used the example of the Bigie Acts to argue that the LR Committee lacked “clout and legitimacy” in the New South Wales Parliament.79 This assessment is shared by McNamara and Quilter, who found little evidence in a study of New South Wales` criminal laws. that the views of the LR Commission had an influence on the parliamentary debate and indicated that few results would be achieved. 80 Data protection – If you tell your employer that you are living with a mental illness or suffering from a mental illness, they cannot disclose it to third parties without your consent in accordance with data protection laws. You are not required by law to tell your employer about your mental health if it does not interfere with your work.
The Heads Up website has a tool you can use to decide if you want to talk to your employer about your mental health and what to say if you do. The Headspace website also has tips. To support the public and the legal profession, the Law Society of NSW has created Lawfully Explained – a collection of articles, podcasts, videos and infographics that explain the most common legal issues, what to expect in a courtroom and information on how to find the right lawyer for your personal situation. Reject inappropriate workplace adjustments – If an employee`s request is not “reasonable” or means they cannot meet the basic requirements of their role, you can legally refuse the request, but you need to be clear about the reason. While there is no reason to doubt the sincerity of the government`s public health programme or the willingness of the New South Wales Parliament to support the government in good faith, it should be noted that 2020 was not the first example where urgent necessities made human rights considerations secondary. New South Wales could address this issue by enshrining the protection of human rights comprehensively in law. Ultimately, the role of the LR Committee is to advise Parliament on human rights issues, and its consultative nature is reflected in its limitations. For example, the Committee cannot question the political or legislative intent of statutes or delegated laws, hold hearings or receive public submissions. The summaries of the LR Committee, through which its findings are communicated to MEPs, are independent of Parliament`s legislative programme.
This means that, if necessary, bills can be considered by Parliament, regardless of whether the LR Committee has taken place, and MPs are not required to follow or consider its advice. Even in the case of non-urgent bills, the LR Committee usually has an adjournment of five days – including weekends – between speech at second reading and debate for consideration.30 The Committee is also dominated by the government. In 2020, five of the eight members of the LR Committee were from the House of Commons and the same number of members of the government. Identifying key principles that should underpin human rights reform in Australia First, several rights are identified in the Commonwealth Constitution. These include the right to vote,8 freedom of religion,9 the right to acquire property,10 the right to a fair trial,11 protection against discrimination on the basis of residence,12 and protection against executive interference in the judiciary.13 In addition, the High Court found an implied right to freedom of political communication under sections 7 and 24.14 If we get a project of the New South Wales Human Rights Act, Everyone in New South Wales will benefit from better protection of their human rights. A human rights law will also have an educational function and contribute to a better understanding of human rights, government, policy makers and the public.