The right to a healthy environment ought to be adopted into law in the ACT and the Supreme Court should be allowed to hear complaints sooner when the right is said to have been breached, a parliamentary inquiry has recommended.
The government should amend its bill so a statutory review takes place in three years instead of five, and a sunset clause should be added to allow individuals to take complaints about the right to the Supreme Court after four years.
The Legislative Assembly inquiry also recommended the government increase resources for the Human Rights Commission, which would be the only body to manage complaints if the government's bill is passed unamendended.
The standing committee on justice and community safety also recommended the government continue consulting with Aboriginal and Torres Strait Islander people on the implementation of the right.
Government directorates should also have a process to consider what impact implementing the new right would have on vulnerable people, the committee said.
The Liberals' Peter Cain, who chairs the committee, wrote a dissenting report, which recommended the Supreme Court immediately have the right to review allegations of breaches when the bill is passed.
"The government's justification that public authorities need time 'to fully understand, implement and institutionalise the right to a healthy environment in decision-making, policies and legislation', is very weak as judicial review provides the opportunity for public authorities to be guided by the third arm of government as to their obligations," Mr Cain wrote.
"Further, judicial review, more broadly, provides the opportunity of seeing whether the policy intention of this new right is being implemented as well as to highlight any unintended consequences that may arise in decision making."
Mr Cain also recommended the ACT Civil and Administrative Tribunal be granted legislative power to review alleged breaches of the healthy environment right if conciliation in the Human Rights Commission is unsuccessful.
"I sought leave to move amendments to the Human Rights (Complaints) Legislation Amendment Bill 2023 in November last year to incorporate ACAT review of allegations of human rights breaches following unresolved conciliation by the Human Right Commission," he wrote.
"Unfortunately, Labor and Greens MLAs, blocked debate on these amendments. I raise this afresh, in the hope that the government would reconsider its refusal to allow ACAT review of unresolved human rights complaints, at least with respect to this new right."
Human Rights Minister Tara Cheyne in October introduced the bill that would amend the ACT's human rights laws to include the right to a healthy environment.
"The ACT is a leading human rights jurisdiction in Australia and was the first Australian jurisdiction to introduce a legislative bill of rights," Ms Cheyne said on Thursday.
"I introduced the Human Rights (Healthy Environment) Amendment Bill 2023 in recognition that every person has a right to a clean, healthy and sustainable environment, especially as we face the triple planetary threats of climate change, environmental pollution, and biodiversity loss.
"The ACT government will consider the committee's recommendations and provide a response within the usual timeframes. I am grateful to all the individuals and organisations who took the time and effort to provide a submission to assist the committee with their deliberations."
Annika Reynolds, Australian Lawyers for Human Rights' environment and human rights committee senior co-chair, said the recommendations from the Assembly inquiry demonstrated the significant role the ACT had played in leading Australia on human rights compliance.
"The climate and environmental crises impacting all Australians must be approached within a human rights framework. Legally recognising that a healthy environment is a prerequisite for the enjoyment of all fundamental human rights is the only way to ensure those most vulnerable to the impacts of climate change and environmental degradation are not left behind," they said.
Australian Lawyers for Human Rights also welcomed the recommendation for a shorter timeline before individuals can access the Supreme Court to hear complaints over the right.
Conservation Council ACT executive director Elle Lawless said the organisation welcomed the recommendations to improve "access to justice", auditing and more resources for the Human Rights Commission.
"As we are already experiencing the severe impacts of a climate crisis and biodiversity loss, there is an urgent need to engage in a human rights approach to environment and planning law to ensure better outcomes for people, communities and nature. We urge the government to adopt the recommended amendments and pass the bill," Ms Lawless said.
