Explanatory Memorandum
Circulated By Authority of the Attorney-General, the Honourable Robert Mcclelland MPOutline
The Bill contains consequential amendments that arise as a consequence of the Human Rights (Parliamentary Scrutiny) Bill 2010 and other matters. The two Bills implement the legislative elements of Australia's Human Rights Framework announced by the Government in April 2010. The Human Rights Framework outlines a range of measures to further protect and promote human rights in Australia.
The key amendments in Schedule 1 are as follows:
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- amend the Administrative Appeals Tribunal Act 1975 to include the President of the Australian Human Rights Commission, as established by subsection 8(1) of the Australian Human Rights Commission Act 1986 , as an ex officio member of the Administrative Review Council
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- amend the AAT Act to increase the quorum of the ARC from four to five members, and
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- amend the Legislative Instruments Act 2003 to require an explanatory statement in respect of a disallowable legislative instrument to contain a statement of compatibility prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2010 .