31 August 2011
Attorney-General's Department
Central Office
3-5 National Circuit
BARTON ACT 2600
Via Email: nhrap@ag.gov.au
Dear Sir/Madam
Re:
Consultation on National Human Rights Action Plan Draft
Baseline Study
We commend the Australian Government for its initiative in developing a
National Human Rights Action Plan and we thank you for the opportunity to
provide comment for the National Human Rights Action Plan Draft Baseline
Study (“Study”).
Barwon Community Legal Service provides free, independent legal advice,
referral, casework and community education within the Barwon region in
Western Victoria. Our client base predominately consists of people living
with vulnerability and social disadvantage. Many of our clients are
disadvantaged in terms of their lack of access to education, job security,
housing, disability and age-related vulnerabilities; also by their exposure to
domestic violence and drug and alcohol issues.
We make the following recommendations regarding the study:
Introduction
Recommendation 1
It is inaccurate to say that ‘Australia has a strong human rights record, both
internationally and domestically’ (page 1); and we recommend that this
sentence be removed.
Australia’s history is peppered with examples of policies that do not comply
with human rights norms, in particular, policies affecting indigenous people
including those giving rise to the Stolen Generation.
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Chapter 1: Protection and promotion of human rights in Australia
Recommendation 2
Emphasis should be given to developing initiatives for rural and remote
Australia to protect and promote human rights. Human rights issues faced in
rural and remote Australia can be different to issues faced in metropolitan
areas. In addition, issues experienced are not homogenous across different
rural and remote areas and engagement with local communities is required
to identify relevant human rights issues and ways in which they can be
protected and promoted.
Chapter 2: Human rights concerns of the general community
Recommendation 3
Access to justice can be particularly limited for people in rural and remote
areas and this should specifically noted in the Study. This issue is
highlighted in Victoria’s Rural and Regional Committee Inquiry into the
Extent and Nature of Disadvantage and Inequity in Rural and Regional
Victoria of October 2010 which is available at:
http://www.parliament.vic.gov.au/images/stories/committees/rrc/disadvantag
e_and_inequality/report/20101014_for_web.pdf
Recommendation 4
Page 30 of the Study states that: ‘Legislation in force in all States and
Territories empowers courts to make apprehended violence orders to protect
victims of domestic violence, or persons at risk of domestic violence.’ We
note that in Victoria, the Courts do not have powers to make intervention
orders to protect persons at risk only of domestic violence and this statement
should be amended.
Recommendation 5
A concern which we believe should be included in the Study is the acute lack
of access to resources for children with behavioural and intellectual
disabilities to attain a comparable standard of education as other children.
Recommendation 6
We recommend the timely consideration of all Visa applications. Those
waiting for Visa’s to be processed can face immense stress and
psychological difficulties brought on by indefinite waiting periods and little
communication from the Department of Immigration and Citizenship about
the progress of their application. There should be greater transparency
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about the immigration process for Visa applicants as well as the Australian
public.
Recommendation 7
We recommend the timely release of children from immigration detention
centres. The effect on the mental health of children being detained is of vast
concern and should be addressed in the Study.
Recommendation 8
We recommend that the Study include discussion of the vulnerability of
international students, for example, to be working for unfair wages or to have
fewer pathways options available than other students into appropriate
employment.
Issues that a National Action Plan could address
Recommendation 9
We recommend that there be transparent coordination and accountability for
implementation of the National Human Rights Action Plan, namely:

Tracking and reporting on funding allocated to implementation of the
National Human Rights Action Plan;

Introduce annual reporting on progress under the National Human Rights
Action Plan; and

Establish procedures for periodic review of the National Human Rights
Action Plan involving consultation with stakeholders including civil
society.
Should you wish to discuss this submission further, please do not hesitate to
contact Karina Okotel of our office on 5221 4744.
Yours faithfully
Karina Okotel
Lawyer
Barwon Community Legal Service