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Key developments

  • Australian Human Rights Commission – Human Rights and Technology Report
  • Proposed Convention on the Rights of Older Persons
  • PAYG Withholding for Foreign Resident Capital Gains 
  • Industrial relations consultation discussion papers
  • ‘Universal Periodic Review’ of Australia’s human rights record

Australian Human Rights Commission – Human Rights and Technology Report

The Privacy and Data Law and Human Rights Committees contributed to a submission on key proposals put forward by the Australian Human Rights Commission (‘AHRC’) in its discussion paper, which is the principal document underpinning the second phase of its consultation on human rights and technology. The Discussion Paper identifies the human rights implications of new and emerging technologies and considers regulatory and ethical responses. It focuses on questions around the transparency and accountability of artificial intelligence supported decision-making, governance and leadership requirements, and accessibility of new and emerging technology by people with disability. The submission notes the Law Society is broadly supportive of the AHRC’s proposals and provides some additional recommendations for the AHRC’s consideration in progressing its proposals to government.

Proposed Convention on the Rights of Older Persons

The Elder Law, Capacity and Success Committee and the Human Rights Committee contributed to a submission to the Law Council supporting a proposal for a new international convention on the rights of older persons. We consider the Law Council should adopt in-principle support for the Proposed Convention. In our view, there are normative gaps in international human rights law in relation to the rights of older persons. These normative gaps are not insignificant. Older persons, as a homogeneous group, have disadvantages which should be accounted for within the international human rights framework. Beyond the arguments for and against the adoption of the Proposed Convention, we suggest that the Law Council’s policy position explicitly recognise the key issues of older persons and employment, and older persons and access to justice. The Law Council’s policy position should reflect the overarching principles set out in the chapter on older persons in The Justice Project – Final Report.

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