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Civil and Human Rights
This guide contains links to Internet resources and documents in the
area of federal civil and human rights law, as well as providing links
to other guides and directories which contain material on State and Territory
and overseas law. More detailed guides are also provided for topics of
current interest to the federal Parliament.
Australia
Overseas
For further items, search the Parlinfo
database and select Library for journal articles, books and
library publications, and Media for newspaper articles and media
releases. Although full text searchable, for copyright reasons some material
on Parlinfo may be available only to those using the Parliament House
computer network.
Journals
Encyclopedias
Journal articles, reports etc
TOPICS
Commonwealth (federal)
Legislation
There is no federal Bill of Rights legislation. Documents listed below
outline the attempts to introduce a Bill of Rights, as well as provide
some overseas comparisons. See also information on implied rights in the
Constitution in the Library's Constitutional
Law Internet Resources page.
The Australian Labor Party, elected in 2007, has in its 2007
National Platform a commitment to establish an inquiry and consultation
process to gauge the need and support for statutory protection of rights.
Attempts at a federal Bill of Rights
- 2001 Parliamentary
Charter of Rights and Freedoms Bill 2001
Originally the Australian Bill of Rights Bill 2000 (see below)
and introduced into the Senate by Australian Democrats leader, Meg Lees.
The Bill did not progress beyond its second reading on 27th September
2001. Reintroduced
by Senator Stott-Despoja in 2005 and 2008
- 2001 Australian Bill of Rights Bill 2001. A Private Member's
Bill introduced by Dr Andrew Theophanous MP in the House of Representatives
on the 2nd April 2001. The Bill did not proceed to a second reading
- 2000 Australian
Bill of Rights Bill 2000
Draft bill by Australian Democrats Senator Andrew Murray. Introduced
as the Parliamentary Charter of Rights and Freedoms Bill 2001
(see above). Provides text of bill, a summary and the Democrats press
release. [May not be available outside the Parliamentary computer network]
- 1988 Constitution Alteration (Rights and Freedoms) Bill. Passed
by Parliament but rejected at referendum on 3 September 1988.
- 1985 Australian Bill of Rights Bill. Not passed. Passed by
the House of Representatives, withdrawn by the government in the Senate.
- 1984 Draft Australian Bill of Rights Bill. This draft was given limited
distribution by Attorney-General Gareth Evans and later released under
the Freedom of Information Act. An amended version was introduced by
Attorney-General Lionel Bowen in 1985
- 1982 Human Rights Bill. Introduced by Senator Jeanine Haines
(Australian Democrats) as a Private Senator’s Bill. It was modelled
on the 1973 Murphy bill, with revisions relating to family, and religious
freedom and an additional section relating to sexual preference. Not
passed
- 1973 Human Rights Bill. Not passed; lapsed with the double
dissolution of April 1974
- 1944 Alteration (Post-War Reconstruction and Democratic Rights)
Bill. A proposal to amend the Constitution to insert constitutional
guarantees of freedom of speech and religion and safeguards against
the abuse of delegated legislative power. Passed by both Houses but
rejected by popular vote at referendum
- 19th century. The
Dead hand of the founders?: original intent and the constitutional protection
of rights and freedoms in Australia (H. Patapan) - The attempt to
include a Bill of Rights in the drafts of the Constitution by Andrew
Inglis Clark
Sites
Publications
Arguments for and against a Bill of Rights
- 2006 A
Human Rights Act for Australia? (The Law Report, ABC Radio National,
22/8/06)
Pros and cons for human rights legislation
- 2000 Professor George Williams summarised the arguments for and against
in his publication A Bill of Rights for Australia, University
of NSW Press, Sydney, 2000, p. 35. They are reproduced in the Parliamentary
Library publication Free
Speech and the Constitution.
Arguments For a Bill of Rights
- 2008 Anti-terror
laws mean we need bill of rights (Ron Dyer, former NSW Minister)
- 2008 Charter
of rights will make pollies more accountable (Anna Katzman, Barrister)
- 2007 The
WA Human Rights Bill: for: although Kentucky Fried Chicken would not
be guaranteed (Hannes Schoombee, Barrister)
- 2007 The
need for agitators: the risk of stagnation (Michael McHugh, former
High Court judge)
- 2007 Why
we need an Australian Bill of Rights now (Sev Ozdowski, Human Rights
Commissioner)
- 2006 A
human rights act for Australia (David Malcolm, former judge)
- 2001 Senator
Brian Greig, Australian Democrats, says there is nothing to fear from
a Bill of Rights (Canberra Times, 23/8/01, p. 13)
- 2000 A
charter of rights and aspirations: relevance to modern Australia: address
at the University of Technology Law School Alumni Dinner (R. McClelland,
Shadow Attorney-General)
- 2000 Former Prime Minister Malcolm Fraser calls for a Bill of Rights
Interview
(The National Interest 27/8/2000) ---
Response from the Shadow Attorney-General, R. McClelland
- 2000 Legislating
for a Bill of Rights now (G. Williams, ANU) [Senate Papers on
Parliament; no. 36, pp. 23-38]
- 1999
Are anti-discrimination statutes a model for a Bill of Rights? (Justice
R. Atkinson)
- 1992 Keeping
government at bay: the case for a Bill of Rights (F. Devine)
- 1973 An
Australian Bill of Rights? (Gareth Evans, Attorney-General)
Arguments Against a Bill of Rights
- James (Jim) Spigelman (Chief Justice of New South Wales):
McPherson Lecture series (University of Queensland, 10-12 March
2008)
- Senator George Brandis (Shadow Attorney-General): Bill
of rights could just mean a big bill (2008)
- Professor James Allan (University of Queensland): Giving
lawyers more power will cut our liberties (2008) -- Bill
of rights benefits judges, lawyers most (2006)
- John Hatzistergos (NSW Attorney-General): Charter
of rights or a charter of wrongs? Speech to the Sydney Institute
(2008) -- Busting
myths about the need for our own charter of rights (2008) -- Attorney-
General rejects charter of rights for NSW (2007)
- 2007 Philip Ruddock (Attorney-General) Bills
of Rights do not protect freedoms -- A
Bill of whose rights?
- 2007 (Professor Greg Craven, Curtin University) The
WA Human Rights Bill: against: if it walks like a Bill of Rights and
talks like a Bill of Rights... -- Beware
hidden agendas (Australian Financial Review, 12/5/2008)
- 2006 Proceedings
of the 18th Conference of the Samuel Griffith Society
3 papers against a bill of rights by Prof James Allan, Ben Davies and
Janet Albrechtsen
- 2006 The
wrongs of pushing a bill of rights (Alan Anderson, Lawyer)
- 2003 The Prime Minister, John Howard, opposes a Bill of Rights during
a
speech to mark the centenary of the High Court and again at a Legends
of Talk lunch, Sydney, 30 July 2007 (reported in the Sydney
Morning Herald, 31/7/07, p. 7)
- 2001 A.C.T.
Liberal Attorney-General, Bill Stefaniak backs Bob Carr's opposition
to a Bill of Rights (Canberra Times, 24/8/01)
- 2001 NSW
Premier Bob Carr argues against a Bill of Rights (Canberra Times,
20/8/01) -- Submission
to the Standing Committee on Law and Justice Inquiry into a NSW bill
of rights (2001) -- The
rights trap: how a Bill of Rights could undermine freedom (Policy,
Winter 2001) -- Lawyers
are already drunk with power (Australian, 24/4/2008)
- 2001 Attorney-General,
Daryl Williams, argues against a Bill of Rights (Address to National
Law Week, May 2001: news release)
- 1999 A
Bill of Rights: the ultimate in participation, or an immature stage
in our development? (G. Johns)
- 1995 Does
Australia need a Bill of Rights? (Sir Harry Gibbs)
- 1995
Righting the Constitution without a Bill of Rights (P. Bailey)
General material
- 2007 Do
it yourself charter to right future wrongs (Sydney Morning Herald,
1/12/07)
New Labor Attorney-General, Robert McClelland, outlines his plans for
a bill of rights
- 2007 Protecting
Human Rights Conference
Includes paper by James Stellios on the constitutional problems of implementing
a federal bill of rights
- 2006 A
NSW Charter of Rights?: the continuing debate (Gareth Griffith,
NSW Parliamentary Library Briefing Paper No 5/06)
- 2006 Tasmania,
WA join push for bill of rights. Australian Financial Review 13/1/
2006. Overview of State attitudes to a Bill of Rights
- 2005 New
Matilda Draft Human Rights Bill 2006 - text
- 2000 The
Protection of Human Rights: A Review of Selected Jurisdictions (Gareth
Griffith, NSW Parliamentary Library Briefing Paper No 3/2000)
Examines which countries have bills of rights
- 1999 The
Federal Parliament and the protection of human rights (G. Williams,
ANU)
- (1998) Agreeing
on a document: creating Bills of Rights (Council for Aboriginal
Reconciliation)
- 1997 An
Australian Bill of Rights (B. Keon-Cohen, Barrister)
Indgenous rights and arguments for and against a bill of rights
- 1997 An
Australian Bill of Rights (S. Pritchard, Univ of NSW)
Whether indigenous rights should be part of the move to a Bill of Rights
- 1997 The
Need for a new Preamble to the Australian Constitution and/or a Bill
of Rights (M. McMcKenna, Parliamentary Library)
Issues to consider if rights are to be contained in the Constitution
- 1989 No
Bill of Rights for Australia (B. Galligan, ANU)
An examination of the Labor Party's move to support a Bill of Rights
over the decades and a brief examination of issues for the future
Australian Capital Territory - the first jurisdiction
to implement a statutory charter of rights
- Human Rights Commission
Administers the Human Rights Act and provides details of case law under
the Act
- Bill of
Rights Consultative Committee
A non-Parliamentary Committee was established in 2002, chaired by Professor
Hilary Charlesworth, and in 2003 recommended that a statutory Bill of
Rights (Human Rights Act) be introduced
- Text of the Human
Rights Act 2004 which implemented a Bill of Rights in the A.C.T.
- Forum:
Australia's First Bill of Rights
Papers from a conference on the ACT Bill of Rights held in 2004
- The Canberra Law Review provides an annual overview on the
operation of the Human Rights Act. The first overview Developments
in 2004 was published in vol. 8. (available to Parliamentary
staff only)
- ACT Human Rights Act Research
Project
A joint project of the ANU and the ACT Government. The project will
document the impact of the ACT Human Rights Act 2004 over its first
five years and will test the predictions of supporters and critics of
bills of rights against the ACT experience. The results of the research
will assist in the five year review of the ACT Human Rights Act.
New South Wales
Queensland
- Queensland. Parliament. Legal, Constitutional and Administrative Review
Committee
Established in 1997, the Committee reported in 1998 and recommended
against a Bill of Rights for Queensland
South Australia
Tasmania
- In February 2006 the Tasmanian Attorney-General engaged the Law
Reform Institute to investigate suitable options for human rights
protections
Victoria - the second jurisdiction to implement
a statutory charter of rights
Western Australia
Overseas legislation includes:
Legislation
- Broadcasting
Services Act 1992, Part 9, sections 122-130 (Radio and television
broadcasts)
- Classification
(Publications, Films and Computer Games) Act 1995
- Broadcasting
Services Amdt (Online Services) Act 1999 no. 90 (Internet censorship)
- Crimes
Legislation Amendment (Telecommunications Offences and Other Measures)
(No. 2) Act 2004
Offences relating to possession and distribution of offensive material,
including racial hatred material, on the Internet, radio, television
etc
- Protecting Australian Families Online Direction no. 1 of 2007.
A direction from the Minister for Communications, Information Technology
and the Arts to the Australian Communications and Media Authority to
conduct a trial of software which can filter illegal and inappropriate
content (Commonwealth
of Australia Gazette, no. GN 25, 27 June 2007, p. 1705-07)
- Communications
Legislation Amendment (Content Services) Act 2007.
Amends the Broadcasting Services Act to establish a new regulatory framework
for Internet content hosts and content services delivered over convergent
devices eg live streamed content sevices and mobile phones
Sites
Publications
Discrimination (General issues and topics
not covered below)
Legislation
Sites
Publications
Links to other sites
Legislation
Sites
Publications
Links to other sites
Legislation
Sites
Publications
Links to Australian privacy sites
Links to overseas privacy sites
- via WorldLII
- via Electronic
Privacy Information Centre (EPIC)
- via Privacy International
Includes text of the annual Privacy and Human Rights which surveys
privacy laws around the world. The major focus of the surveys after
2002 has been to document the effects of anti-terrorism laws introduced
after 11 September 2001 on privacy and civil liberty around the world.
Legislation
Publications
- 2005 Calling
out the troops: disturbing trends and unanswered questions (M. Head).
UNSW Law Journal, v. 28, no. 2, 2005, p. 479-506
- 2005 Call-out
the guards: why Australia should no longer fear the deployment of Australian
troops on home soil (N. Laing). UNSW Law Journal, v. 28, no. 2,
2005, p. 507-522
- 2005 'To
execute and maintain the laws of the Commonwealth': the ADF and internal
security : some old issues with new relevance (C. Moore). UNSW Law
Journal, v. 28, no. 2, 2005, p. 523-537
- 2004 Army
history: aid to the civil power
Brief account of calling out the troops in 1890 and 1891
- 1998 Call out the troops:
an examination of the legal basis for Australian Defence Force involvement
in 'non-defence' matters (Commonwealth Parliamentary Library)
- 1997 Troops as strikebreakers:
use of the Defence Force in industrial action situations (Commonwealth
Parliamentary Library)
- 1978 Orders calling out the troops relating to terrorist activities,
14 February 1978 (Special Gazette, no. S 30) and 20 February 1978 (revocation
- S 33). Copies available on request from the Library
- 1854 General
Order proclaiming military law at Ballarat, Victoria, December 1854
Prelude to the Eureka Stockade and of historical interest
States
of Emergency database (Queen's University Belfast. Centre for International
and Comparative Human Rights Law)
Provides legislation and other information on state of emergency provisions
for a small number of countries. No longer updated.
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