Charter of Human Rights for NSW – Memorandum from the Human Rights Committee to the Bar Council dated 31 January 2008; Human Rights Committee ‘Options Paper for a charter of human rights for NSW’, 24 July 2007; Pamela Tate SC, ‘Protecting human rights in a federation’, (2007 ) 33 (2) Mon LR 217.

The President welcomed Simeon Beckett and Sarah Pritchard to the meeting. Beckett provided an overview of the consultation process since the Bar Council last considered the Human Rights Committee’s Options Paper. He advised that 75% of the comments received by the Committee from barristers were in favour of the Bar Association supporting a NSW Charter of Human Rights. Two discussion forums had been held, the first addressed by the Hon Michael McHugh AC QC and the second by Professor Hilary Charlesworth and Noel Hutley SC.

Bar Councillors addressed a number of questions to Beckett and Pritchard, who then withdrew from the meeting.

The Bar Council then debated the recommendations in the memorandum from the Human Rights Committee.

The Bar Council RESOLVED to recommend the adoption of a charter of rights for NSW with the following features:

(a) Maintenance of the sovereignty of the NSW Parliament;

(b) Enactment by statute;

(c) Protection of the following rights (taken from the Victorian Charter adapted in accordance with NSW law): equality before the law, right to life, protection from torture or cruel, inhuman and degrading treatment, freedom from forced work (slavery, servitude or compulsory labour), freedom of movement, protection of privacy and reputation, freedom of thought, conscience, religion, belief, expression, peaceful assembly and freedom of association, protection of families and children, right to take part in public life, cultural and property rights, right to liberty and security of the person, right to humane treatment when deprived of liberty, right to a fair hearing, rights in criminal proceedings, right not to be tried or punished more than once, rights in relation to retrospectivity of criminal laws (‘Human Rights’);

(d) Public authorities and those exercising a public power be required to act in accordance with human rights unless required by statute to act otherwise;

(e) Requiring a Member introducing a Bill to deliver a reasoned statement to Parliament as to whether the Bill is compatible with human rights or not; and

(f) Incorporating a review mechanism no later than five years after commencement to ascertain whether rights in the charter should be reviewed, whether human rights might more adequately be enforced and whether a right to damages should be added to the charter.

The Executive Director was asked to make the resolution available to all members of the Bar, other Bars, the Australian Bar Association, Law Council of Australia and the Law Society of New South Wales.