Bills, Bills, and More Bills!

The present federal government insists that the more Bills, the more successful the Government.  Here is one of its real, latest Bills, The Homelessness Act (2013) which makes some sweet statements in favour of homeless people (who might not actually be homeless but may be, for example, living in a hostel or caravan), without actually creating any right, obligation, or anything useful other than vague commitments:

A Bill for an Act to provide for the recognition of persons who are, or are at risk of, experiencing homelessness, and for related purposes
The Parliament of Australia enacts:

Part 1—Preliminary

1  Short title
This Act may be cited as the Homelessness Act 2013.
2  Commencement
This Act commences on the day this Act receives the Royal Assent.
3  Object of Act
The object of this Act is to increase recognition and awareness of persons who are, or are at risk of, experiencing homelessness.
4  Definitions
In this Act:
homelessness: see section 5.
mainstream services means general services provided by government or nongovernment agencies that are available to the general population, such as Centrelink, public and community housing, aged care and community health centres.
specialist homelessness services includes services to assist persons who are, or are at risk of, sleeping rough or living in an improvised dwelling.
5  Meaning of homelessness
For the purposes of this Act, a person is experiencing homelessness if:

(a) the person is sleeping rough or living in an improvised dwelling; or
(b) the person is temporarily living with friends or relatives, has no other usual address and does not have the capacity to obtain other suitable accommodation; or
(c)  the person has no safe place to live (including because the person is, or is at risk of, experiencing domestic violence); or
(d) the person is living in accommodation provided by a specialist homelessness service; or
(e) the person is living in a refuge, shelter or similar crisis accommodation; or
(f) the person is living in a caravan park, boarding house, hostel or similar accommodation, whether on a shortterm or longterm basis, in respect of which the person has no secure lease and the person is not living in that accommodation by choice.

Part 2—Recognition of persons who are, or are at risk of, experiencing homelessness

6  General recognition
(1)  The Commonwealth recognises that persons who are, or are at risk of, experiencing homelessness should have the same ability to exercise their rights, and have the same choices and opportunities, as other Australians, regardless of age, race, sex, disability, sexuality, religious or political beliefs, Aboriginal or Torres Strait Islander heritage, cultural or linguistic differences, socioeconomic status or locality.
(2)  The Commonwealth recognises that persons who are, or are at risk of, experiencing homelessness face more challenges than other Australians in exercising their rights.
(3)  The Commonwealth recognises that children and young people who are, or are at risk of, experiencing homelessness should have the same ability to exercise their rights as all children and young people and should be supported to reach their full potential.
(4)  The Commonwealth recognises that persons who are, or are at risk of, experiencing homelessness contribute to family, social and community life.
(5)  The Commonwealth recognises that persons who are, or are at risk of, experiencing homelessness should be supported to enjoy optimum health, safety and social wellbeing.
(6)  The Commonwealth recognises that support for persons who are, or are at risk of, experiencing homelessness should be provided in a way that respects their dignity as individuals, enhances their selfesteem, is sensitive to their social and economic circumstances and respects their cultural backgrounds and their beliefs.
(7)  The Commonwealth recognises that persons who are, or are at risk of, experiencing homelessness should be supported to achieve greater economic wellbeing and sustainability and greater participation in civic affairs and should have opportunities to participate in employment and education.
7  Factors contributing to homelessness
(1)  The Commonwealth recognises that factors contributing to homelessness include unemployment, a lack of appropriate, affordable, safe and sustainable housing, physical or mental health issues, substance abuse, family conflict, discrimination, domestic violence and physical, emotional or sexual abuse.
(2)  The Commonwealth recognises that certain persons leaving institutional settings such as custodial, juvenile detention or mental health institutions, or noninstitutional settings such as guardianship and foster care arrangements, may be at risk of experiencing homelessness.
8  Access to housing
(1)  The Commonwealth’s aspiration is that all persons living in Australia have access to appropriate, affordable, safe and sustainable housing.
(2)  The Commonwealth recognises that having access to such housing contributes to a person’s social and economic participation.
9  Social inclusion
(1)  The Commonwealth recognises that persons who are, or are at risk of, experiencing homelessness face barriers in achieving social inclusion, including barriers to participating in education, employment and civic affairs, to accessing basic needs such as healthcare and to maintaining community and social links.
(2)  The Commonwealth is committed to a cooperative approach with the States and Territories, local government and the notforprofit and forprofit sectors to address the issue of homelessness in order to help more persons living in Australia achieve social inclusion.
10  Service delivery
(1)    The Commonwealth is committed to the following 5 service delivery outcomes.
(2)  The first outcome is that mainstream services, and specialist homelessness services, for persons who are, or are at risk of, experiencing homelessness are of the highest quality.
(3)  The second outcome is that, within available resources, mainstream services, and specialist homelessness services, for persons who are, or are at risk of, experiencing homelessness are based on priority of access, taking into account an assessment of the needs of those persons and of the vulnerability of those persons.
(4)  The third outcome is that mainstream services, and specialist homelessness services, for persons who are, or are at risk of, experiencing homelessness are timely, responsive, appropriate, accessible and integrated.
(5)  The fourth outcome is that mainstream services, and specialist homelessness services, for persons who are, or are at risk of, experiencing homelessness address the individual needs of those persons, and are culturally appropriate to those persons, taking into account the views of those persons.
(6)  The fifth outcome is that mainstream services, and specialist homelessness services, for persons who are, or are at risk of, experiencing homelessness are provided in a way that does not prejudice the universal human rights of those persons.
11  Strategies to reduce homelessness
(1)  The Commonwealth recognises the importance of having strategies to reduce the number of persons who are, or are at risk of, experiencing homelessness, including the following:

(a) prevention and early intervention;
(b) increasing the supply of affordable housing;
(c) increasing the range of appropriate accommodation options;
(d) ongoing support and services, including individual case management where appropriate.

(2)  The Commonwealth recognises that research helps to identify and target strategies to address the individual needs of those persons.
12  Cooperation and consultation
(1)  The Commonwealth is committed to working cooperatively with the States and Territories, local government, the notforprofit and forprofit sectors and persons who are, or are at risk of, experiencing homelessness to reduce the number of such persons.
(2)  The Commonwealth is committed to its agencies working cooperatively to reduce the number of such persons.
(3)  The Commonwealth is committed to maintaining a consultative approach to the development of policy to address the issue of homelessness.
13  Australia’s international human rights obligations
(1)  The Commonwealth has acted to protect the rights of all of its citizens, including persons who are, or are at risk of, experiencing homelessness, by recognising international standards for the protection of universal human rights and fundamental freedoms through:

(a) the ratification of the International Convention on the Elimination of all Forms of Racial Discrimination done at New York on 21 December 1965 ([1975] ATS 40); and
(b) the ratification of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966 ([1976] ATS 5); and
(c) the ratification of the International Covenant on Civil and Political Rights done at New York on 16 December 1966 ([1980] ATS 23); and
(d) the ratification of the Convention on the Elimination of All Forms of Discrimination Against Women done at New York on 18 December 1979 ([1983] ATS 9); and
(e) the ratification of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on 10 December 1984 ([1989] ATS 21); and
(f) the ratification of the Convention on the Rights of the Child done at New York on 20 November 1989 ([1991] ATS 4); and
(g) the ratification of the Convention on the Rights of Persons with Disabilities done at New York on 13 December 2006 ([2008] ATS 12); and
(h) the acceptance of the Universal Declaration of Human Rights; and
(i) the acceptance of the Declaration on the Elimination of Violence Against Women; and
(j)  the statement of support for the United Nations Declaration on the Rights of Indigenous Peoples; and
(k) the enactment of legislation such as the Human Rights (Parliamentary Scrutiny) Act 2011 and the Australian Human Rights Commission Act 1986.

(2)  Accordingly, the Commonwealth recognises that reducing the number of persons who are, or are at risk of, experiencing homelessness is part of meeting Australia’s international human rights obligations.

Part 3—Other matters

14  Act does not create or give rise to rights or obligations
(1)  This Act does not, by its terms or operation, create or give rise to any rights (whether substantive or procedural), or obligations, that are legally enforceable in judicial or other proceedings.
(2)  No action, suit or proceeding is to be instituted in reliance on the terms of this Act or the operation of this Act.
15  Act not intended to exclude similar State or Territory laws
This Act is not intended to apply to the exclusion of any law of a State or Territory that provides for the recognition of persons who are, or are at risk of, experiencing homelessness.

 See “Vanity bill keeps homeless out in the cold”, by Nick Cater:

On Sunday, with the triumphal tone of a functionary in a Soviet shoe factory, Wayne Swan boasted of the 43rd parliament's output.  It was, claimed the Treasurer, one of the most successful parliaments in a generation.  “More than 582 pieces of legislation have gone through the House of Representatives with a week to go.”

The history of the Soviet Union is a cautionary tale in the perverse consequences of measuring industry by gross output, rather than its ability to meet demand.  If output targets are set by weight, factory managers respond by producing heavier goods, which is why nails in Eastern Europe used to be larger than those in the West.  If output is set by volume, the measure Swan applies to parliament, the goods will be light and flimsy.

The Homelessness Bill is the natural outcome, a piece of shoddy legislation that achieves no serious public policy objective beyond defining homelessness and expressing aspirations that a broke government can’t pay for.  Meanwhile, the productive side of the economy struggles to overcome a mountain of red and green tape.  “Day-to-day we get on with the job,” the PM told Jon Faine last year.  “Parliament works, it gets things done.  It passes new bills, it creates new laws, and they’re not just garden-variety things if I can use that terminology.  They're blockbuster pieces of legislation that are changing the nation and setting us up for the future.”

UPDATE:  for similar enacted pieties, which are explicitly not enforceable, see “Schedule 1” of the Carer Recognition Act (2010) which, according to Section 6, provides a “Statement for Australia’s Carers”:

1 All carers should have the same rights, choices and opportunities as other Australians, regardless of age, race, sex, disability, sexuality, religious or political beliefs, Aboriginal or Torres Strait Islander heritage, cultural or linguistic differences, socioeconomic status or locality.
2 Children and young people who are carers should have the same rights as all children and young people and should be supported to reach their full potential.
3 The valuable social and economic contribution that carers make to society should be recognised and supported.
4 Carers should be supported to enjoy optimum health and social wellbeing and to participate in family, social and community life.
5 Carers should be acknowledged as individuals with their own needs within and beyond the caring role.
6 The relationship between carers and the persons for whom they care should be recognised and respected.
7 Carers should be considered as partners with other care providers in the provision of care, acknowledging the unique knowledge and experience of carers.
8 Carers should be treated with dignity and respect.
9 Carers should be supported to achieve greater economic wellbeing and sustainability and, where appropriate, should have opportunities to participate in employment and education.
10  Support for carers should be timely, responsive, appropriate and accessible.

Has anyone hitherto suggested that carers should not have the same rights, choices and opportunities as other Australians?  Anyway, see Section 10 of the Act:

10  Act does not create legally enforceable obligations etc.
(1) This Act does not create rights or duties that are legally enforceable in judicial or other proceedings.
(2) A failure to comply with this Act does not affect the validity of any decision, and is not a ground for the review or challenge of any decision.
(3) If a public service agency, or an associated provider, is required by another law of the Commonwealth, or by a law of a State or Territory, to consider particular matters, or to comply with particular requirements, in the exercise of its functions or powers, nothing in this Act is to be taken to require the agency, or the associated provider, to act inconsistently with that law.