Governing in Troubled Times: Exploring Australia’s Commitment to Human Rights Through Statements of Compatibility under the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth)

Abstract

The Australian government has emphasised social cohesion in addressing contemporary challenges. Arguing the legal protection of human rights could support social cohesion, this article examines the most recent federal human rights initiative – the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth). While the Act’s effectiveness has recently been assessed, assessments relied on analysis of Statements of Compatibility produced before 2016. The article addresses this gap. Analysing 46 statements from the final six months of 2019 against criteria derived from the scrutiny regime, it argues statement quality was generally poor, supporting existing conclusions the Act is relatively ineffective. It argues reform is required, suggesting a National Human Rights Act should be re-examined. This could both protect human rights in Australia and support social cohesion in a challenging global environment.