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Peace & Freedom, journal of WILPF Australia

 

From WILPF Australia's Peace and Freedom Journal, April 2001

 

challenge the Teoh Bill....

 

Information courtesy of Amnesty and Chris Keating, Adelaide Diocesan Justice and Peace Commission

 

The Administrative Decisions (Effect of International Instruments) Bill 1997, otherwise known as the "Teoh Bill", was debated in the Senate recently, but the vote on the legislation has been delayed, probably until June 2001.

For those of us concerned about the impact that this legislation will have on human rights protection in Australia, it will be important to continue making our concerns known to Federal Senators.

Background to the Teoh Bill

The Bill was first proposed by the Labor Government in 1995 following a High Court decision in the Teoh case in 1995. Adoption of the Teoh Bill would prevent the application of international human rights standards in Australian Courts. As a result, Australians could not refer to international human rights standards - including those which Australia has signed and ratified - when complaining about violations of rights in Australian courts.

As Amnesty points out, this Bill has been around for 7 years and has now been revived. Their position coincides with that of the UN Human Rights Committee - that is, the Bill, even with amendments, is totally unacceptable and should be withdrawn. Fears expressed by the then-Labor government in 1995 that the High Court's Teoh decision would paralyse the government have never materialised and cannot be used as a reason for re-introducing this Bill.

Action

Already there has been much lobbying. Both Amnesty International and Chris Keating (Executive Officer of the Adelaide Diocesan Justice and Peace Commission) thank all who have faxed, phoned and written to Senators to oppose the bill on behalf of their church and human right groups. Amnesty notes that this lobbying has played an invaluable role in informing the debate in the Senate, as can be seen in the Senate hansard debates for 9 - 11 April.

More action is needed. Amnesty International and other groups continue to call on the government to withdraw the Bill. As individuals, we can also urge Senators to do all in their power to prevent passage of the Bill.

Currently, it appears that the Democrats, Greens and Senator Harradine may be opposing the Bill, so it will be important to contact them commending their stance. It appears that the ALP is suggesting minimum amendments but supporting the Bill, which has been introduced by the Coalition government. In relation to Senators from both the major parties we need to ask them why they are supporting this Bill.

Below are Chris Keating's suggestions for a fax message to our Senators. Make alterations as necessary. For further background and information see Amnesty International

+++++++++++++++++++++++

Dear Senator [name]

Re The Administrative Decisions Bill and human rights

I write to you to express concerns over the current Administrative Decisions Bill being debated in the Senate. It is my view that this bill will seriously impede human rights within Australia, and, cause breaches with International treaties that Australia has signed. If the bill is successful, government departments will no longer be required to take international treaties into consideration that are currently enacted.

I implore you to take any action that is possible to prevent this Bill from eventually becoming legislation. It is important that Australia protects its people from abuses of human rights.

Yours sincerely [your name]

+++++++++++

AUSTRALIAN DEMOCRATS

Natasha Stott-Despoja
Position: Leader of the Australian Democrats Party: Australian Democrats.
Tel: (02) 6277 3991; Fax: (02) 6277 3996 Email:senator.lees@aph.gov.au

COALITION

The Hon. Robert Hill, Minister for the Environment and Heritage and Leader of the Government in the Senate.
Party: Liberal Party of Australia
Tel: (02) 6277 7640; Fax: (02) 6273 6101

The Hon. Nicholas Minchin, Minister for Industry, Science and Resources. Party: Liberal Party of Australia Parliament
Contact: Tel: (02) 6277 7580 Fax: (02) 6273 4104

The Hon. Amanda Vanstone Position: Minister for Family and Community Services and Minister Assisting the Prime Minister for the Status of Women.
Party: Liberal Party of Australia Parliament
Contact: Tel: (02) 6277 7560 Fax: (02) 6273 4122

Other Senators to Contact:

GREENS

Bob Brown, Senator for Tasmania, Australian Greens
Tel: (02) 6277 3170; Fax: (02) 6277 3185 Email: senator.brown@aph.gov.au

INDEPENDENT

Brian Harradine, Senator for Tasmania, Independent,
Tel: (02) 6277 3735; Fax: (02) 6277 3739 Email: senator.harradine@aph.gov.au

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