A Bill for an Act relating to the United Nations Declaration on the Rights of Indigenous Peoples, and for related purposes
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act is the United Nations Declaration on the Rights of Indigenous Peoples Act 2022.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
4 Objects of this Act
The object of this Act is to ensure that Indigenous people have the right to the full enjoyment of collective and individual human rights.
5 Simplified outline of this Act
This Act provides a framework for the implementation of the United Nations Declaration on the Rights of Indigenous Peoples by the Commonwealth Government.
The Commonwealth Government must:
(a) take measures to ensure consistency between Commonwealth laws and the Declaration; and
(b) prepare and implement an action plan to achieve the objectives of the Declaration.
The Prime Minister must, each financial year, present a report to each House of the Parliament on the progress of those actions.
6 Interpretation
Definitions
(1) In this Act:
Declaration means the Declaration on the Rights of Indigenous Peoples, adopted by the General Assembly of the United Nations as General Assembly Resolution 61/295 on 13 September 2007.
Note: The text of United Nations General Assembly resolutions could in 2022 be accessed through the United Nations’ website (https://www.un.org).
Department means the Department of the Prime Minister and Cabinet.
Rights of Indigenous peoples
(2) This Act is to be construed as upholding, and not as derogating from or abrogating, the rights of Indigenous peoples under Commonwealth, State and Territory laws.
Clarification
(3) Nothing in this Act is to be construed as delaying the application of the Declaration in Commonwealth law.
Part 2—Measures for consistency of laws and achieving the objectives of the Declaration
7 Consistency
The Commonwealth Government must, in consultation and cooperation with Indigenous peoples, take all measures necessary to ensure that the laws of the Commonwealth are consistent with the Declaration.
8 Action plan
(1) The Prime Minister must prepare and implement an action plan to achieve the objectives of the Declaration.
(2) The action plan must be prepared and implemented:
(a) in consultation and cooperation with the Australian Human Rights Commission; and
(b) with the leadership of, and in consultation and cooperation with, Indigenous peoples; and
(c) with the free, prior and informed consent of Indigenous peoples.
(3) For the purposes of paragraph (2)(c), in determining whether the action plan has been prepared and implemented with the free, prior and informed consent of Indigenous peoples, regard must be had to the matters set out in Appendix 4 to the document published by the Australian Human Rights Commission titled “Social Justice Report 2010”.
Note: The document could in 2022 be viewed on the Australian Human Rights Commission’s website (https://www.humanrights.gov.au).
Content of action plan
(4) The action plan must include:
(a) measures to:
(i) address injustices, combat prejudice and eliminate all forms of violence, racism and discrimination, including systemic racism and discrimination, against Indigenous peoples; and
(ii) promote mutual respect and understanding as well as good relations, including through human rights education; and
(b) measures related to monitoring, oversight, recourse or remedy or other accountability measures with respect to the implementation of the Declaration; and
(c) measures related to monitoring the implementation of the plan and reviewing and amending the plan.
Timing
(5) The action plan must be completed as soon as practicable, and in any case no later than 2 years, after the commencement of this Act.
Tabling and publication
(6) The Prime Minister must table the action plan in each House of the Parliament as soon as practicable after the plan is completed.
(7) The Prime Minister must:
(a) cause a copy of the action plan to be published on:
(i) the Department’s website; and
(ii) the Australian Human Rights Commission’s website; and
(iii) the National Indigenous Australians Agency’s website; and
(b) give a copy of the action plan to:
(i) Diplomacy Training Program Limited; and
(ii) the Indigenous Peoples’ Organisation‑Australia.
Part 3—Report to Parliament
9 Annual report
(1) The Prime Minister must prepare an annual report for each financial year about:
(a) the measures taken under section 7 during the financial year; and
(b) the preparation and implementation of the action plan mentioned in section 8 during the financial year.
(2) The annual report must be prepared:
(a) in consultation and cooperation with the Australian Human Rights Commission; and
(b) with the leadership of, and in consultation and cooperation with, Indigenous peoples.
(3) The annual report must be completed within 90 days after the end of the financial year.
(4) The Prime Minister must table a copy of the annual report in each House of the Parliament within 15 sitting days of that House after the annual report is completed.
(5) The Prime Minister must:
(a) cause a copy of the annual report to be published on:
(i) the Department’s website; and
(ii) the Australian Human Rights Commission’s website; and
(iii) the National Indigenous Australians Agency’s website; and
(b) give a copy of the annual report to:
(i) Diplomacy Training Program Limited; and
(ii) the Indigenous Peoples’ Organisation‑Australia.
10 Review of annual report
(1) This section applies in relation to an annual report prepared under section 9.
Review by Australian Human Rights Commission
(2) The Australian Human Rights Commission must, within 90 days after the annual report is tabled in accordance with subsection 9(4):
(a) undertake a review of the annual report; and
(b) give the Prime Minister a written report (the AHRC report) of the review; and
(c) publish the AHRC report on its website.
(3) The Prime Minister must table a copy of the AHRC report in each House of the Parliament within 15 sitting days of that House after receiving the AHRC report.
Review by Productivity Commission
(4) The Productivity Commission must, within 90 days after the annual report is tabled in accordance with subsection 9(4):
(a) undertake a review of the annual report; and
(b) give the Prime Minister a written report (the PC report) of the review; and
(c) publish the PC report on its website.
(5) The Prime Minister must table a copy of the PC report in each House of the Parliament within 15 sitting days of that House after receiving the PC report.