Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

ator CHISHOLM (—Assistant Minister for Education, Assistant Minister for Regional Development and Deputy Manager of Government Business in the Senate) (): I thank the honourable senators for their contributions to this debate on the Australian Human Rights Commission Legislation Amendment (Selection and Appointment) Bill 2022. This bill will restore integrity to appointments to the Australian Human Rights Commission and help to maintain the commission's international credibility as part of our broader commitment to the international rules based order.

The bill is an essential part of the government's integrity agenda and it will implement our election commitments to ensure that appointments to the commission are made through a merit based and transparent selection process. The Australian people deserve no less. In addition, this bill will address the concerns raised by the Global Alliance of National Human Rights Institutions Subcommittee on Accreditation when it deferred the commission's re-accreditation as an A-status national human rights institution.

The effective functioning of our antidiscrimination system is dependent on the proper functioning of the Australian Human Rights Commission. It is essential that the commission is able to function as an independent statutory body and that the public has confidence that the commissioners who represent their communities are appointed solely on the basis of merit. To address these concerns, the bill legislates a merit based and transparent appointments process for members of the commission by amending relevant provisions of the Australian Human Rights Commission Act 1986, the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 and the Sex Discrimination Act 1984. The bill will remove the ability to make direct appointments to the commission without a merit based and publicly advertised selection process.

Further, to address concerns raised by the subcommittee on accreditation, the bill also addresses the tenure of members of the commission. The bill amends these acts to clarify that the total term of the president and commissioners is seven years, inclusive of any reappointment. Finally, the bill will make minor amendments to ensure consistency in the qualification requirements for the president and the statutory commissioners.

I note that the Greens have circulated an amendment—and Senator Shoebridge mentioned this in his contribution—to create an LGBTIQA+ commissioner at the Australian Human Rights Commission, and this issue has been raised in debate by others. The government will not support that amendment in this debate. The critical issue that this bill will address is restoring the international standing of the commission by urgently addressing the specific issues around transparent and merit based appointments raised by the global alliance, to support the commission's reaccreditation. The amendment circulated by the Greens is unrelated to the subject matter of this bill. If the Greens sought to move a similar amendment in the House of Representatives it would be ruled out of order, and the Greens should know this.

The government recognises that it is important to consider how best the commission can operate to promote and protect the human rights of all members of the Australian community, including LGBTIQA+ people. I acknowledge the work that the commission already undertakes in relation to LGBTIQA+ rights, led by the Sex Discrimination Commissioner. By way of example, in 2021 the commission reported on the human rights of people born with variations in sex characteristics in the context of medical intervention. In addition, the commission is engaging in the WorldPride games and conference due to take place next year. There will no doubt be further discussion on the proposal for creation of an LGBTIQA+ commissioner, as well as other opportunities to strengthen the work of the commission in the future. Broader concerns regarding the structure and operation of the commission should be considered separately to this important bill.

An independent Human Rights Commission is fundamental to Australia's human rights agenda, both internationally and domestically. This government strongly supports the work of the Australian Human Rights Commission and is committed to restoring integrity to the process of commissioner appointments. The bill will support the commission's reaccreditation as an A-status National Human Rights Institution, which is necessary for its international legitimacy and credibility. Most importantly, this bill reaffirms our commitment to restoring integrity to government.

I thank all honourable senators for their contributions to this debate, and I commend this bill to the Senate.