House of Representatives

Explanatory Memorandum

(Circulated by authority of the Treasurer, the Hon Scott Morrison MP)

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Indigenous policy and program evaluation

9.15 This Schedule is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview

9.16 Schedule 2 to this Bill amends the Productivity Commission Act 1998 (Productivity Commission Act) to provide for the appointment of an additional Commissioner to oversee the work of the Productivity Commission (the Commission) in relation to the evaluation of policies and programs that have an impact on Indigenous persons.

Human rights implications

9.17 This Schedule does not engage any of the applicable rights or freedoms. This Schedule does no more than mandate the appointment of an additional Commissioner with particular skills and experience to the Commission. The work the Commissioner will be involved in will depend on the direction of the Minister to the Commission under subsection 6(1) of the Productivity Commission Act.

9.18 The functions of the Commission under subsection 6(1) of the Productivity Commission Act relate to holding inquiries, undertaking research and providing advice to the Minister. While the work of the Commission may inform the development of policy and programs, including policies and programs that have an impact on Indigenous persons, an implementation decision of government is needed before any of the applicable rights or freedoms could be engaged.

Conclusion

9.19 This Schedule is compatible with human rights as it does not raise any human rights issues.