The Australian Human Rights Institute (UNSW Sydney), the Human Rights Law Centre, and Amnesty International Australia today welcomed the passing of new legislation that will ensure appointments to the Australian Human Rights Commission are made through a merits-based selection system.
The Australian Human Rights Commission Legislation Amendment (Selection and Appointment Bill), introduced by Attorney-General Mark Dreyfus KC in the first sitting week of the federal Parliament, illustrated the federal government's commitment to restoring the Commission's international credibility and independence. The legislation passed Parliament with support from the vast majority of Parliamentarians.
The law introduces requirements that all statutory appointments to the Commission are made through a publicly-advertised, transparent selection system.
Earlier this year the global body that accredits national human rights watchdogs warned that the Commission’s “A status” ranking may be downgraded if steps were not taken to ensure open selection processes for future Commissioner appointments.
This came after the former Coalition government hand-picked multiple Human Rights Commissioners.
Professor Justine Nolan, Director, Australian Human Rights Institute, said:
“This legislation is a critical first step in restoring integrity and transparency in public appointments. The last decade of handpicked appointments has seriously hindered the ability of public institutions like the Australian Human Rights Commission and the Administrative Appeals Tribunal to operate independently and effectively.”
Keren Adams, Acting Co-CEO, Human Rights Law Centre, said:
“We commend the Attorney-General Mark Dreyfus KC for prioritising the need for a transparent, merit-based selection process for future Human Rights Commissioners. Whether it’s dealing with the indefinite detention of refugees, sexual harassment in our Parliament or the shameful treatment of Aboriginal and Torres Strait Islander peoples, it’s critical that Australia has a strong and independent Australian Human Rights Commission.”
Tim O'Connor, Impact Director Amnesty International Australia, said:
“The passing of this Bill sets an excellent standard for transparency and integrity in appointments to the Human Rights Commission. It’s essential for this organisation, its credibility and efficacy that it is independent from government, so we welcome this Bill which has ensured appointments to the Human Rights Commission are transparent and merit-based.”
Background
The Australian Human Rights Commission is an independent national institution that promotes understanding and respect for human rights in Australia. It receives and mediates thousands of discrimination and human rights complaints each year, undertakes public education, and conducts major inquiries into human rights issues of national significance, such as its Respect@Work inquiry and the Stolen Generations report. There are a number of government-appointed Commissioner positions at the Commission and in 2023 three positions will be vacant.
Following criticism of the Abbott government hand-picking Tim Wilson as Human Rights Commissioner in 2013, successive Australian governments have generally adopted open recruitment processes for commission appointments. However, the former Morrison Government reverted to hand-picking key roles. In March this year the Commission warned that its current levels of funding “do not provide us with the resources required to perform our statutory functions”.