Reference from Attorney General received on 19 November 1999 reported to House 23 November 1999, 2nd Session, Minutes No. 25, Item 6. That the Standing Committee on Law and Justice undertake an Inquiry into and
report on whether it is appropriate and in the public interest to enact a
statutory New South Wales Bill of Rights and/or whether amendments should be
made to the Interpretation Act 1987 to require courts to take into account
rights contained in International Conventions, with particular reference to:
whether the rights declared in the International Covenant on Civil and
Political Rights should be incorporated into domestic law by such a Bill of
Rights;
whether economic, social and cultural rights, group rights and the rights of
indigenous people should be included in a Bill of Rights;
whether individual responsibilities as distinct from rights should be included
in a Bill of Rights;
the consequences for Australian common law of Bill of Rights in the United
Kingdom, Canada and New Zealand;
in what circumstances Parliament might exercise its ultimate authority to
override basic rights declared in a Bill of Rights and what procedures need to
be put in place to ensure that any such overriding legislation complies with
the Bill of Rights;
the circumstances, if any, in which a Bill of Rights should be binding on
individuals
as distinct from the Legislative, Executive and Judicial arms of Government and
persons or bodies performing a public function or exercising a public power
under legislation;
the extent and manner in which the rights declared in a Bill of Rights should
be enforceable;
whether a Bill of Rights should be subject to any reasonable limits prescribed
by law that are demonstrably justifiable in a free and democratic society;
whether there should be a legislative requirement on courts to construe
legislation in a manner which is compatible with international human rights
instruments; and
any other matter arising out of or incidental to these terms of reference.
That the Standing Committee on Law and Justice undertake an Inquiry into and
report on whether it is appropriate and in the public interest to enact a
statutory New South Wales Bill of Rights and/or whether amendments should be
made to the Interpretation Act 1987 to require courts to take into account
rights contained in International Conventions, with particular reference to:
whether the rights declared in the International Covenant on Civil and
Political Rights should be incorporated into domestic law by such a Bill of
Rights;
whether economic, social and cultural rights, group rights and the rights of
indigenous people should be included in a Bill of Rights;
whether individual responsibilities as distinct from rights should be included
in a Bill of Rights;
the consequences for Australian common law of Bill of Rights in the United
Kingdom, Canada and New Zealand;
in what circumstances Parliament might exercise its ultimate authority to
override basic rights declared in a Bill of Rights and what procedures need to
be put in place to ensure that any such overriding legislation complies with
the Bill of Rights;
the circumstances, if any, in which a Bill of Rights should be binding on
individuals
as distinct from the Legislative, Executive and Judicial arms of Government and
persons or bodies performing a public function or exercising a public power
under legislation;
the extent and manner in which the rights declared in a Bill of Rights should
be enforceable;
whether a Bill of Rights should be subject to any reasonable limits prescribed
by law that are demonstrably justifiable in a free and democratic society;
whether there should be a legislative requirement on courts to construe
legislation in a manner which is compatible with international human rights
instruments; and
any other matter arising out of or incidental to these terms of reference.