THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE

(As read a first time)

HUMAN RIGHTS BILL 1973

TABLE OF PROVISIONS

PART I—PRELIMINARY

PART II—FUNDAMENTAL RIGHTS AND FREEDOMS

PART III—AUSTRALIAN HUMAN RIGHTS COMMISSIONER

PART IV—ENFORCEMENT

PART V—AUSTRALIAN HUMAN RIGHTS COUNCIL

PART VI—ADMINISTRATIVE PROVISIONS

PART VII—MISCELLANEOUS

SCHEDULE 1
International Covenant on Civil and Political Rights

SCHEDULE 2
Covenant on the Political Rights of Women

1973
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE

(Presented pursuant to leave granted and read 1°, 21 November 1973)

(THE ATTORNEY-GENERAL AND MINISTER FOR CUSTOMS AND EXCISE, SENATOR MURPHY)

BE IT ENACTED by the Queen, and the Senate, and the House of Representatives of Australia, as follows:—

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Human Rights Act 1973.

Commencement

2. (1) Sections 1, 2, 6 and 71 shall come into operation on the day on which this Act receives the Royal Assent.

(2) Sub-section 15 (2) shall come into operation on a day to be fixed by Proclamation.

(3) Subject to sub-section 4, the remaining provisions of this Act shall come into operation on a day to be fixed by Proclamation.

(4) On and after the day referred to in sub-section (3) and until a day to be fixed by Proclamation, the provisions of this Act referred to in sub-section (3) have effect only—

(a)

in relation to, or in relation to the doing of acts under, a law of Australia or of a Territory;

(b)

in relation to the doing of acts by or on behalf of Australia or an authority or body established for a public purpose by or under a law of Australia or of a Territory; and

(c)

in and in relation to a Territory or a place with respect to which the Parliament, by virtue of section 52 of the Constitution, has, subject to the Constitution, exclusive power to make laws for the peace, order and good government of Australia.

Interpretation

3. (1) In this Act, unless the contrary intention appears—

“Australia”, when used in a geographical sense, includes the external Territories to which this Act extends;

“Chairman” means Chairman of the Council;

“commencing day” means the day fixed under sub-section 2 (3);

“Commissioner” means—

(a)

subject to paragraph (b), the person holding office under this Act as the Australian Human Rights Commissioner, including a person appointed to act in the office of Australian Human Rights Commissioner; and

(b)

in relation to the appointment of officers or the engagement of employees, the receipt, holding or payment of moneys or the acquisition, holding or disposal of other property—the corporation established by section 46;

“Convention on the Political Rights of Women” means the Convention on the Political Rights of Women a copy of the English text of which is set out in Schedule 2;

“Council” means the Australian Human Rights Council established by section 43;

“International Covenant on Civil and Political Rights” means the International Covenant on Civil and Political Rights a copy of the English text of which is set out in Schedule 1;

“judgment” includes a decree, order or sentence;

“judicial officer” means a judge, magistrate or justice of the peace;

“member” means a member of the Council and includes the Chairman;

“Territory” does not include Papua New Guinea.

(2) For the purposes of this Act, refusing or failing to do an act, or delaying for an unreasonable time the doing of an act, shall be deemed to be the doing of an act and a reference to an act includes a reference to such a refusal, failure or delay.

(3) A reference in this Act to a law of Australia, of a State or of a Territory includes a reference to any instrument (including a rule, regulation, by-law, award, determination, order or direction) made, granted or issued under a power conferred by such a law.

Extension to external Territories

4. This Act extends to every external Territory except Papua New Guinea.

Application

5. (1) This Act binds Australia and each State.

(2) Subject to sub-section (3), any provision of a law of Australia or of a Territory, whether passed or made before, on or after the commencing day, that is inconsistent with a provision of this Act does not, to the extent of the inconsistency, have any force or effect.

(3) Sub-section (2) does not apply in relation to a provision of a law if an Act expressly declares that that provision shall operate notwithstanding this Act.

(4) The rights and freedoms set out in this Act are in addition to, and not in derogation of, any other rights and freedoms of the individual, whether under the laws of Australia, of the States or of the Territories and this Act is not intended to exclude or limit the operation of any of those laws in so far as they can operate concurrently with the provisions of this Act.

(5) Nothing in this Act may be interpreted as implying any right to engage in any activity or perform any act that is restrictive of any of the rights and freedoms recognized in this Act or limits any of those rights and freedoms to a greater extent than is provided for in this Act.

Ratification of Conventions

6. Approval is given to ratification by Australia of the International Covenant on Civil and Political Rights and the Convention on the Political Rights of Women.

PART II—FUNDAMENTAL RIGHTS AND FREEDOMS

Entitlement to rights without distinction

7. Everyone is entitled to the fundamental rights and freedoms as set out in this Part, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Equal protection of law

8. Everyone is entitled without any discrimination to the equal protection of the law.

Minorities

9. Persons belonging to ethnic or linguistic minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture or to use their own language.

Thought, conscience and religion

10. (1) Everyone shall have the right to freedom of thought, conscience and religion.

(2) The right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

(3) No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.

(4) Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are reasonably necessary to protect public safety or public health or constitute reasonable regulations as to time, place and manner.

(5) The burden of proving that a limitation referred to in sub-section (4) is reasonably necessary or constitutes a reasonable regulation as mentioned in that sub-section lies upon the person asserting that the limitation is so necessary or constitutes such a regulation.

Expression

11. (1) Everyone shall have the right to hold opinions without interference.

(2) Everyone shall have the right to freedom of expression, including freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

(3) The exercise of the rights referred to in sub-section (2) may be subject only to such limitations as are prescribed by law and—

(a)

are reasonably necessary for respect of the reputations of others;

(b)

are reasonably necessary for the protection of national security or public health;

(c)

constitute reasonable regulations as to time, place and manner; or

(d)

are reasonably necessary to protect persons from involuntary exposure to any matter that might reasonably be regarded as offensive in the community in which they live.

(4) The burden of proving that a limitation referred to in sub-section (3) is reasonably necessary or constitutes a reasonable regulation as mentioned in that sub-section lies upon the person asserting that the limitation is so necessary or constitutes such a regulation.

(5) Nothing in this section affects the operation of a law relating to defamation or limiting the right of a juvenile person to access to any matter of the kind referred to in paragraph (3) (d).

Propaganda and incitement

12. (1) Any propaganda for war is prohibited.

(2) Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence is prohibited.

Assembly

13. (1) Everyone shall have the right to peaceful assembly, subject only to such limitations as are prescribed by law and are reasonably necessary in the interests of national security, public safety or public health or constitute reasonable regulations as to time, place and manner.

(2) The burden of proving that a limitation referred to in sub-section (1) is reasonably necessary or constitutes a reasonable regulation as mentioned in that sub-section lies upon the person asserting that the limitation is so necessary or constitutes such a regulation.

Association

14. (1) Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests, subject only to reasonable restrictions in the interest of national security, public safety or public health.

(2) The burden of proving that a restriction referred to in sub-section (1) is a reasonable restriction as mentioned in that sub-section lies upon the person asserting that the restriction is such a reasonable restriction.

(3) Sub-section (1) does not affect any provision of, or any act done under, a law of Australia, of a State or of a Territory that restricts or prohibits, or authorizes the restriction or prohibition of, the registration under that law of organizations of employers or employees on the ground that there is already registered under that law an organization to which the members of an organization seeking registration may conveniently belong or on any similar ground.

Voting and public office

15. (1) Every Australian citizen shall have the right and the opportunity, without unreasonable restrictions—

(a)

to take part in the conduct of public affairs, directly or through freely chosen representatives;

(b)

to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; and

(c)

to hold public office and to exercise all public functions established by law.

(2) Women shall be entitled to hold public office and to exercise all public functions, established by law, on equal terms with men, without any discrimination.

(3) Sub-section (2) does not limit the operation of any other provision of this Part.

(4) The burden of proving that a restriction referred to in sub-section (1) is a reasonable restriction lies upon the person asserting that the restriction is reasonable.

Movement

16. (1) Everyone lawfully within Australia shall have the right to liberty of movement and freedom to choose his residence.

(2) Everyone shall be free to leave Australia.

(3) The rights referred to in sub-sections (1) and (2) shall not be subject to any restriction except those which are provided by law, are reasonably necessary to protect national security, public safety, public health or civil obligations, and are consistent with the other rights guaranteed by this Part.

(4) A person who—

(a)

was born in Australia and is an Australian citizen by birth; or

(b)

was born outside Australia and is an Australian citizen otherwise than by birth,

(5) In this section, “civil obligations” means obligations imposed on a person under the law relating to bankruptcy or to the custody of children or under a condition upon which he was released from legal custody.

Aliens

17. An alien lawfully in Australia may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, a competent authority provided by law.

Marriage and family

18. (1) The right of men and women of marriageable age to marry and to found a family shall be recognized.

(2) No marriage shall be entered into without the free and full consent of the intending spouses.

(3) Every child shall be registered within a reasonable time after birth and shall have a name.

(4) A person is of marriageable age for the purposes of this section if that person is of marriageable age for the purposes of the Marriage Act 1961–1973.

Privacy

19. (1) No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

(2) Without limiting the generality of sub-section (1), an unreasonable search or seizure is an unlawful interference with privacy.

(3) For the purposes of this section, a search or seizure shall be deemed to be unreasonable unless lawfully made—

(a)

pursuant to an order made by a court;

(b)

pursuant to a warrant for a search issued by a court or judicial officer on reasonable grounds, supported by oath or affirmation, particularly describing the purpose of the search and who or what is to be searched;

(c)

in response to circumstances of such seriousness and urgency as to require and justify immediate action without the authority of such an order or warrant;

(d)

pursuant to a law that authorizes the inspection of goods, premises, vehicles, ships or aircraft to ensure compliance with lawful requirements as to the entry of persons or importation of goods into Australia or the departure of persons or exportation of goods from Australia or as to standards of safe construction, public safety, public health, permitted use or similar matters, or to secure compliance with the terms of a licence to engage in manufacture or trade;

(e)

for the purpose of inspecting or taking copies of documents relating to—

(i)

the conduct of a business, trade, profession or industry pursuant to a law regulating the conduct of that business, trade, profession or industry; or

(ii)

the affairs of a company pursuant to a law relating to companies; or

(f)

for the purpose of inspecting goods, or inspecting or taking copies of documents, in connexion with the collection, or the enforcement of payment, of taxes or pursuant to a law prohibiting or restricting the importation of goods into Australia or the exportation of goods from Australia.

Arrest

20. (1) Everyone has the right to liberty and security of person.

(2) No one shall be subjected to arbitrary arrest or detention.

(3) No one shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law.

(4) Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

(5) When a person is charged, the nature of the charge shall be made known to him in a language that he understands.

(6) Anyone arrested on a criminal charge shall be brought promptly before a court, judge or magistrate and shall be entitled to trial within a reasonable time or to release.

(7) Anyone arrested on a criminal charge shall not be detained in custody unless the detention is reasonably necessary in the circumstances of the case.

(8) The burden of proving that the detention of a person is reasonably necessary lies upon the person asserting that the detention is so necessary.

(9) The release from custody of anyone arrested on a criminal charge may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings or, if necessary, for execution of the judgment.

(10) Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

(11) Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Post-arrest procedures

21. Where a person is in custody—

(a)

he shall be afforded adequate time and facilities to communicate with a lawyer of his own choosing;

(b)

he shall not be compelled to make any statement that may incriminate him; and

(c)

he shall be informed of the rights referred to in paragraphs (a) and (b).

Speedy trial

22. Anyone charged with a criminal offence shall be tried within a reasonable time.

Presumption of innocence

23. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

Public trial

24. (1) In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.

(2) The press and the public may be excluded from all or part of a trial for reasons of national security or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice, but any judgment rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

Fair trial

25. (1) In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees—

(a)

to be tried in his presence, and to defend himself in person or through legal assistance of his own choosing, and to be informed, if he does not have legal assistance, of his rights under this paragraph;

(b)

to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

(c)

to examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(d)

to have the free assistance of an interpreter if he cannot understand or speak the language used in court; and

(e)

not to be compelled to testify against himself or to confess guilt.

(2) In the case of persons who are under the age of 16 years, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.

Post-trial procedures

26. (1) Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher court or tribunal according to law.

(2) When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

(3) No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law.

Retrospective offences

27. (1) No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed, nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed.

(2) If, subsequent to the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby.

Punishment

28. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Imprisonment

29. (1) All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

(2) Accused persons shall be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons.

(3) Accused persons who are under the age of 16 years shall be separated from other persons.

(4) Offenders who are under the age of 16 years shall be segregated from other persons and be accorded treatment appropriate to their age and legal status.

(5) No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation.

Right to life

30. (1) Every human being has the inherent right to life, and no human being shall be deprived of his life except according to law.

(2) Anyone sentenced to death shall have the right to seek pardon or commutation of his sentence, and amnesty, pardon or commutation of the sentence of death may be granted in all cases.

(3) Sentence of death shall not be imposed for crimes committed by persons against laws of Australia or of the Territories.

(4) Sentence of death in respect of offences against laws of the States shall not be imposed for crimes committed by persons below 18 years of age and shall not be carried out on pregnant women.

Slavery and forced labour

31. (1) No one shall be held in slavery, and slavery and the slave-trade in all their forms are prohibited.

(2) No one shall be required to perform forced or compulsory labour.

(3) In this section, “forced or compulsory labour” does not include—

(a)

any work or service lawfully required of a person who is under detention in consequence of a lawful order of a court or of a person during conditional release from such detention;

(b)

any service of a military character and any national service required by law of conscientious objectors;

(c)

any service exacted in cases of emergency or calamity threatening the life or well-being of the community; and

(d)

any work or service which forms part of normal civil obligations.

Medical experimentation

32. No one shall be subjected without his free consent to medical or scientific experimentation.

PART III—AUSTRALIAN HUMAN RIGHTS COMMISSIONER

Commissioner

33. For the purposes of this Act there shall be an Australian Human Rights Commissioner.

Functions of Commissioner

34. The functions of the Commissioner are to investigate alleged infringements or proposed infringements of fundamental rights and freedoms in accordance with this Part and, where necessary, institute proceedings in respect of the infringements or proposed infringements in accordance with Part IV.

Investigation by Commissioner on own initiative

35. Where it appears to the Commissioner that a person has done an act that is, or is about to do an act that would be, a contravention of Part II, the Commissioner may, on his own initiative, investigate the doing, or the proposed doing, of the act.

Investigation by Commissioner as a result of complaints

36. (1) Where a complaint is made to the Commissioner that a person has done an act that is, or is about to do an act that would be, a contravention of a provision of Part II, the Commissioner shall, subject to this section, investigate the doing, or the proposed doing, of the act.

(2) The Commissioner may, in his discretion, decide not to investigate the doing, or the proposed doing, of an act in respect of which a complaint is made or, if he has commenced such an investigation, decide not to continue the investigation, if—

(a)

in the opinion of the Commissioner—

(i)

the subject matter of the complaint is trivial;

(ii)

the complaint is frivolous or vexatious or is not made in good faith;

(iii)

the complainant has not a sufficient interest in the subject matter of the complaint;

(iv)

the person who is or would be aggrieved by the act does not desire that the investigation be made or, as the case may be, continued; or

(v)

there is some other remedy that is reasonably available to the complainant; or

(b)

in the case of a complaint in respect of the doing of an act—the complaint is not made within 12 months after the doing of the act.

(3) Where the Commissioner decides in accordance with this section not to investigate, or not to continue to investigate, the doing, or the proposed doing, of an act, he shall inform the complainant of his decision and, unless he considers it to be undesirable to do so, of the reasons for that decision.

Procedure

37. In the investigation by the Commissioner of the doing, or the proposed doing, of an act in pursuance of any powers conferred on the Commissioner under this Part—

(a)

the procedure to be followed is within the discretion of the Commissioner;

(b)

the Commissioner may inform himself in such manner as he thinks fit;

(c)

any proceeding before the Commissioner is not required to be conducted in a formal manner; and

(d)

the Commissioner is not bound by the rules of evidence.

Evidence

38. (1) Where the Commissioner has reason to believe that a person is capable of furnishing information, producing documents or giving evidence relating to a matter being investigated, the Commissioner may, by notice in writing served on that person, require that person—

(a)

to furnish to the Commissioner, by writing signed by that person or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, any such information;

(b)

to produce to the Commissioner or to a person specified in the notice acting on his behalf, in accordance with the notice, any such documents; or

(c)

to appear before the Commissioner at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents.

(2) The Commissioner may require the evidence referred to in paragraph (1) (c) to be given on oath or affirmation and for that purpose the Commissioner may administer an oath or affirmation.

(3) A person shall not—

(a)

refuse or fail to comply with a notice under this section to the extent that the person is capable of complying with it; or

(b)

in purported compliance with such a notice, knowingly furnish information or give evidence that is false or misleading.

Penalty: $1,000.

(4) A person is not excused from furnishing information, producing a document or answering a question in pursuance of this section on the ground that the information, the document or the answer to the question may tend to incriminate him, but any such information, document or answer is not admissible in evidence against him in any criminal proceeding other than a proceeding for an offence against sub-section (3).

Powers of Commissioner

39. (1) Where, after an investigation has been made under this Part, the Commissioner is of the opinion that a person has done an act that is a contravention of a provision of Part II, the Commissioner may do all or any of the following:—

(a)

he may endeavour to secure from the person a satisfactory assurance against a repetition of the act;

(b)

he may endeavour to secure a settlement of any difference between the person and any person aggrieved by the act;

(c)

he may warn the person not to repeat the act;

(d)

he may institute a proceeding in respect of the act in accordance with sub-section 40 (1).

(2) Where, after an investigation has been made under this Part, the Commissioner is of the opinion that a person is about to do an act that would be a contravention of a provision of Part II, the Commissioner may do all or any of the following:—

(a)

he may endeavour to secure from the person a satisfactory assurance against the doing of the act;

(b)

he may endeavour to secure a settlement of any difference between the person and any person who would be aggrieved by the act;

(c)

he may warn the person not to do the act;

(d)

he may institute a proceeding in respect of the proposed act in accordance with sub-section 40 (5).

PART IV—ENFORCEMENT

Civil proceedings

40. (1) Where the Commissioner is of the opinion that a person has done an act that is a contravention of a provision of Part II, the Commissioner may, on his own behalf or on behalf of a person aggrieved by the act, institute a proceeding against the first-mentioned person by way of civil action in the Australian Industrial Court for a declaration that the act is a contravention of a provision of Part II and for any one or more of the remedies specified in sub-section (3).

(2) A person aggrieved by an act that he considers to be a contravention of a provision of Part II may institute a proceeding against the person who did the act by way of civil action in the Australian Industrial Court for a declaration that the act is a contravention of a provision of Part II and for any one or more of the remedies specified in sub-section (3).

(3) Where, in a proceeding instituted under sub-section (1) or (2), it is established to the reasonable satisfaction of the Court that the defendant has done an act (in this sub-section referred to as the “relevant act”) that is a contravention of a provision of Part II, the Court shall make a declaration to that effect and may grant all or any of the following remedies:—

(a)

an injunction restraining the defendant from repeating the relevant act or from doing an act of a similar kind or from causing or permitting others to do acts of the same or a similar kind;

(b)

an order directing the defendant to do a specified act, being an act directed to—

(i)

placing a person aggrieved by the relevant act as nearly as practicable in the position in which he would be if the relevant act had not been done; or

(ii)

otherwise avoiding a detriment to such a person resulting from the doing of the relevant act;

(c)

if the doing of the relevant act resulted in the making of a contract or the relevant act was done in pursuance of a contract—an order cancelling the contract, varying any of the terms of the contract or requiring the repayment, in whole or in part, of an amount paid in pursuance of the contract;

(d)

damages against the defendant in respect of—

(i)

loss suffered by a person aggrieved by the relevant act, including loss of any benefit that that person might reasonably have been expected to obtain if the relevant act had not been done; and

(ii)

loss of dignity, humiliation and injury to the feelings of a person aggrieved by the relevant act;

(e)

an order setting aside or varying a judgment given in any court;

(f)

an order quashing a conviction imposed by any court;

(g)

an order directing a new trial in a civil or criminal proceeding in any court;

(h)

such other relief as the Court thinks just, including an award of costs.

(4) Damages recovered by the Commissioner under this section in respect of loss suffered by a person or in respect of loss of dignity, humiliation or injury to the feelings of a person shall be paid by the Commissioner to that person.

(5) Where the Commissioner is of the opinion that a person is about to do an act that would be a contravention of Part II, the Commissioner may, on his own behalf or on behalf of a person who would be aggrieved by the act, institute a proceeding against the first-mentioned person by way of civil action in the Australian Industrial Court for a declaration that the act would be a contravention of a provision of Part II and for all or any of the remedies specified in sub-section (7).

(6) Where a person is of the opinion that another person is about to do an act that would be a contravention of Part II, being an act by which the first-mentioned person would be aggrieved, the first-mentioned person may institute a proceeding against the other person by way of civil action in the Australian Industrial Court for a declaration that the act would be a contravention of a provision of Part II and for all or any of the remedies specified in sub-section (7).

(7) Where, in a proceeding instituted under sub-section (5) or (6), it is established to the reasonable satisfaction of the Court that the defendant is about to do an act that would be a contravention of a provision of Part II, the Court shall make a declaration to that effect and may grant all or any of the following remedies:—

(a)

an injunction restraining the defendant from doing the act or from doing an act of a similar kind or from causing or permitting others to do acts of the same or a similar kind; and

(b)

such other relief as the Court thinks just, including an award of costs.

Jurisdiction of Court

41. (1) Jurisdiction is conferred on the Australian Industrial Court to hear and determine civil proceedings instituted in that Court under this Act and that jurisdiction is exclusive of the jurisdiction of any other court, other than the jurisdiction of the High Court under section 75 of the Constitution.

(2) Sub-section (1) does not deprive a court of jurisdiction in a matter arising under this Act in a proceeding instituted in that court otherwise than under this Act.

(3) The jurisdiction of the Australian Industrial Court under this section may be exercised by a single judge.

(4) If the day fixed by Proclamation under sub-section 31 (1) of the Superior Court Act 1973 is earlier than the commencing day, that sub-section has effect on and after the commencing day as if this Act had been wholly in force immediately before the first-mentioned day.

Certain evidence inadmissible

42. Evidence obtained in contravention, or in consequence of any contravention, of a provision of Part II is not admissible in any court or before any tribunal for any purpose.

PART V—AUSTRALIAN HUMAN RIGHTS COUNCIL

Establishment of Council

43. For the purposes of this Act there is established an Australian Human Rights Council.

Functions in relation to human rights

44. It is the function of the Council to advise, and make recommendations to, the Attorney-General and the Commissioner, either of its own motion or upon request made to it by the Attorney-General or the Commissioner, as the case may be, concerning—

(a)

the observance and implementation of international conventions and other international instruments relating to human rights;

(b)

the promotion of educational programmes with respect to human rights; and

(c)

any other matter related to the observance or implementation of human rights.

PART VI—ADMINISTRATIVE PROVISIONS

Division 1—Australian Human Rights Commissioner

Appointment of Commissioner

45. The Commissioner shall be appointed by the Governor-General.

Commissioner to be a corporation

46. (1) The Commissioner—

(a)

is a corporation sole by the name of the Australian Human Rights Commissioner;

(b)

has perpetual succession;

(c)

shall have an official seal; and

(d)

is capable, in his corporate name, of acquiring, holding and disposing of real and personal property and of suing and being sued.

(2) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Commissioner affixed to a document and shall presume that it was duly affixed.

(3) Except as otherwise provided by the Minister administering the Lands Acquisition Act 1955–1966, the acquisition (including acquisition by agreement) of land, as defined by section 5 of that Act, required for the purposes of the Commissioner shall be effected under that Act.

Tenure of appointment

47. (1) Subject to this Part, the Commissioner holds office for such period not exceeding 7 years as is specified in the instrument of his appointment and on such terms and conditions as the Governor-General determines, but is eligible for re-appointment.

(2) A person who has attained the age of 65 years shall not be appointed or re-appointed as the Commissioner, and a person shall not be appointed or re-appointed as the Commissioner for a period that extends beyond the date on which he will attain the age of 65 years.

Remuneration and allowances

48. (1) The Commissioner shall be paid, out of the funds of the Commissioner, remuneration at such rate, and an annual allowance at such rate (if any), as is fixed by Parliament, but, until 1 July 1974, the rate of that remuneration and the rate of that annual allowance (if any) shall be as prescribed.

(2) The Commissioner shall be paid such other allowances as are prescribed.

Leave of absence

49. The Attorney-General may grant leave of absence to the Commissioner upon such terms and conditions as to remuneration or otherwise as the Attorney-General determines.

Resignation

50. The Commissioner may resign his office by writing signed by him and delivered to the Governor-General.

Termination of appointment

51. (1) The Governor-General may terminate the appointment of the Commissioner by reason of misbehaviour or of physical or mental incapacity.

(2) The Governor-General shall terminate the appointment of the Commissioner if the Commissioner—

(a)

is absent from duty, except on leave of absence granted by the Attorney-General, for 14 consecutive days or for 28 days in any peiod of 12 months; or

(b)

becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit.

(3) The termination of the appointment of the Commissioner by reason of physical or mental incapacity shall be deemed, for the purposes of the Superannuation Act 1922–1973, to be retirement on the ground of invalidity.

Outside employment

52. The Commissioner shall not, except with the approval of the Attorney-General, engage in paid employment outside the duties of his office.

Acting Commissioner

53. (1) The Attorney-General may appoint a person to act in the office of Commissioner during any period, or during all periods, when the Commissioner is absent from duty or from Australia or during a vacancy in that office, but a person so appointed to act during a vacancy shall not continue so to act for more than 12 months.

(2) Subject to this section, the Attorney-General may—

(a)

determine the terms and conditions of appointment of a person appointed to act in the office of Commissioner; and

(b)

at any time terminate such an appointment.

(3) Where a person is acting in the office of Commissioner in pursuance of an appointment under this section otherwise than during a vacancy in that office and the office becomes vacant while that person is so acting, that person may continue to act in that office until the Attorney-General otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.

(4) Sections 49, 50 and 52 apply in relation to a person appointed to act in the office of Commissioner in like manner as they apply in relation to the Commissioner.

(5) While a person is acting in the office of Commissioner in pursuance of an appointment under this section, he has, and may exercise, all the powers and shall perform all the functions of the Commissioner under this Act or under any other law.

(6) The validity of anything done by a person appointed to act in the office of Commissioner shall not be called in question on the ground that the occasion for his appointment had not arisen or that the appointment had ceased to have effect.

Superannuation

54. (1) The Commissioner is an approved authority for the purposes of the Superannuation Act 1922–1973.

(2) For the purposes of subsections 4 (3A) and (4) of the Superannuation Act 1922–1973, the Commissioner shall be deemed to be required, by the terms of his appointment, to give the whole of his time to the duties of his office.

Staff of Commissioner

55. (1) The Commissioner may, with the approval of the Attorney-General, appoint such officers and engage such employees as he thinks necessary for the purposes of the performance of his functions.

(2) The terms and conditions of employment of persons appointed or engaged under sub-section (1) shall be such as are, with the approval of the Attorney-General, determined by the Commissioner.

Officers’ Rights Declaration Act

56. If a person appointed as Commissioner or as an officer of the Commissioner was, immediately before his appointment, an officer of the Public Service or a person to whom the Officers’ Rights Declaration Act 1928–1969 applied—

(a)

he retains his existing and accruing rights;

(b)

for the purpose of determining those rights, his service as Commissioner or as an officer shall be taken into account as if it were service in the Public Service; and

(c)

the Officers’ Rights Declaration Act 1928–1969 applies as if this Act and this section had been specified in the Schedule to that Act.

Moneys payable to Commissioner

57. (1) There are payable to the Commissioner such moneys as are appropriated by the Parliament for payment to the Commissioner.

(2) The Treasurer may give directions as to the amounts in which, and the times at which, moneys referred to in sub-section (1) are to be paid to the Commissioner.

Bank accounts

58. (1) The Commissioner may open and maintain an account or accounts with an approved bank or approved banks and shall maintain at all times at least one such account.

(2) The Commissioner shall pay all the moneys of the Commissioner into an account referred to in this section.

(3) In this section, “approved bank” means the Reserve Bank of Australia or another bank approved by the Treasurer.

Application of moneys

59. The moneys of the Commissioner shall be applied—

(a)

in payment or discharge of the costs and expenses of the Commissioner under this Act; and

(b)

in payment of remuneration and allowances payable to the Commissioner and to officers and employees appointed or engaged by the Commissioner,

and not otherwise.

Estimates of expenditure

60. (1) The Commissioner shall prepare estimates, in such form as the Attorney-General directs, of expenditure of the Commissioner for each financial year and, if the Attorney-General so directs, for any other period specified by the Attorney-General, and shall submit estimates so prepared to the Attorney-General not later than such date as the Attorney-General directs.

(2) Moneys of the Commissioner shall not be expended otherwise than in accordance with estimates of expenditure approved by the Attorney-General.

Proper accounts to be kept

61. The Commissioner shall cause to be kept proper accounts and records of the transactions and affairs of the Commissioner and shall do all things necessary to ensure that all payments out of the moneys of the Commissioner are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Commissioner and over the incurring of liabilities by the Commissioner.

Audit

62. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Commissioners and records relating to the assets of, or in the custody of, the Commissioner, and shall forthwith draw the attention of the Attorney-General to any irregularity disclosed by the inspection and audit that, in the opinion of the Auditor-General, is of sufficient importance to justify his so doing.

(2) The Auditor-General may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in sub-section (1).

(3) The Auditor-General shall, at least once in each year, report to the Attorney-General the results of the inspection and audit carried out under sub-section (1).

(4) The Auditor-General or an officer authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Commissioner relating directly or indirectly to the receipt or payment of moneys by the Commissioner or to the acquisition, receipt, custody or disposal of assets by the Commissioner.

(5) The Auditor-General or an officer authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers.

(6) The Auditor-General or an officer authorized by him may require any person to furnish him with such information in the possession of the person or to which the person has access as the Auditor-General or authorized officer considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person shall comply with the requirement.

(7) A person who contravenes sub-section (6) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200.

Delegation

63. (1) The Commissioner may, either generally or otherwise as provided by the instrument of delegation, by writing signed by him, delegate to an officer or employee of the Commissioner all or any of his powers under this Act or under any other law, except this power of delegation.

(2) A power so delegated may be exercised by the delegate in accordance with the instrument of delegation and this Act or the other law conferring the power, as the case may be, has effect in relation to the exercise of the power by the delegate as if a reference in this Act or that other law to the Commissioner were a reference to the delegate.

(3) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Commissioner.

Division 2—Australian Human Rights Council

Constitution of Council

64. (1) The Council shall consist of ten members, who shall be appointed by the Attorney-General.

(2) Subject to this Part, a member holds office for 2 years and on such terms and conditions as the Attorney-General determines, but is eligible for re-appointment.

(3) The performance of the functions or the exercise of the powers of the Council is not affected by a vacancy or vacancies in the membership of the Council.

Chairman

65. (1) The Attorney-General shall appoint one of the members to be the Chairman of the Council.

(2) The Chairman may resign his office as Chairman by writing signed by him and delivered to the Attorney-General.

Fees and allowances

66. Members shall be paid such fees (if any) and such allowances (if any) as are prescribed.

Resignation

67. A member may resign his office by writing signed by him and delivered to the Attorney-General.

Termination of appointment

68. The Attorney-General may terminate the appointment of a member for misbehaviour or physical or mental incapacity.

Meetings of Council

69. (1) The Chairman shall convene such meetings of the Council as he thinks necessary for the proper performance of the functions of the Council.

(2) The Attorney-General may convene meetings of the Council.

(3) At a meeting of the Council, six members constitute a quorum.

(4) The Chairman shall preside at all meetings of the Council at which he is present.

(5) If the Chairman is not present at a meeting of the Council, the members present shall appoint one of their number to preside at the meeting.

(6) Questions arising at a meeting of the Council shall be decided by a majority of the votes of the members present and voting.

(7) The member presiding at a meeting of the Council has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

(8) The Council shall cause records to be kept of its meetings.

PART VII—MISCELLANEOUS

Annual Report

70. (1) The Commissioner shall, as soon as practicable after 30 June in each year, prepare and furnish to the Attorney-General a report of the operations of the Commissioner during that year, together with financial statements in respect of that year in such form as the Treasurer approves.

(2) Before furnishing financial statements to the Attorney-General, the Commissioner shall submit them to the Auditor-General, who shall report to the Attorney-General—

(a)

whether the statements are based on proper accounts and records;

(b)

whether the statements are in agreement with the accounts and records;

(c)

whether the receipt and expenditure of moneys, and the acquisition and disposal of assets, by the Commissioner during the year have been in accordance with this Act; and

(d)

as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Attorney-General.

(3) The Attorney-General shall cause the report and financial statements of the Commissioner, together with the report of the Auditor-General, to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Attorney-General.

Regulations

71. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

SCHEDULE 1

Section 6

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

THE STATES PARTIES TO THE PRESENT COVENANT,

CONSIDERING that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

RECOGNIZING that these rights derive from the inherent dignity of the human person,

RECOGNIZING that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,

CONSIDERING the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,

REALIZING that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,

AGREE upon the following articles:

Article 1

1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

PART II

Article 2

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such legislative or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

3. Each State Party to the present Covenant undertakes:

(a)

To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;

(b)

To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

(c)

To ensure that the competent authorities shall enforce such remedies when granted.

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

Article 4

1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.

2. No derogation from articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18 may be made under this provision.

3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.

Article 5

1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.

2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

PART III

Article 6

1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.

3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.

4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.

5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

Article 7

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

Article 8

1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.

2. No one shall be held in servitude.

3.

(a)

No one shall be required to perform forced or compulsory labour;

(b)

Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court;

(c)

For the purpose of this paragraph the term “forced or compulsory labour” shall not include:

(i)

Any work or service, not referred to in sub-paragraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention;

(ii)

Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors;

(iii)

Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;

(iv)

Any work or service which forms part of normal civil obligations.

Article 9

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons of his arrest and shall be promptly informed of any charges against him.

3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Article 10

1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

2.

(a)

Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;

(b)

Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.

3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.

Article 11

No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation.

Article 12

1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.

2. Everyone shall be free to leave any country, including his own.

3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.

4. No one shall be arbitrarily deprived of the right to enter his own country.

Article 13

An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.

Article 14

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The Press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.

3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:

(a)

To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

(b)

To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

(c)

To be tried without undue delay;

(d)

To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

(e)

To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(f)

To have the free assistance of an interpreter if he cannot understand or speak the language used in court;

(g)

Not to be compelled to testify against himself or to confess guilt.

4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.

5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.

6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

Article 15

1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby.

2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.

Article 16

Everyone shall have the right to recognition everywhere as a person before the law.

Article 17

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

2. Everyone has the right to the protection of the law against such interference or attacks.

Article 18

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.

3. Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others.

4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

Article 19

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a)

For respect of the rights or reputations of others;

(b)

For the protection of national security or of public order (ordre public), or of public health or morals.

Article 20

1. Any propaganda for war shall be prohibited by law.

2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

Article 21

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

Article 22

1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.

2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.

3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.

Article 23

1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

2. The right of men and women of marriageable age to marry and to found a family shall be recognized.

3. No marriage shall be entered into without the free and full consent of the intending spouses.

4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.

Article 24

1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.

2. Every child shall be registered immediately after birth and shall have a name.

3. Every child has the right to acquire a nationality.

Article 25

Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a)

To take part in the conduct of public affairs, directly or through freely chosen representatives;

(b)

To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

(c)

To have access, on general terms of equality, to public service in his country.

Article 26

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 27

In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.

PART IV

Article 28

1. There shall be established a Human Rights Committee (hereafter referred to in the present Covenant as the Committee). It shall consist of eighteen members and shall carry out the functions hereinafter provided.

2. The Committee shall be composed of nationals of the States Parties to the present Covenant who shall be persons of high moral character and recognized competence in the field of human rights, consideration being given to the usefulness of the participation of some persons having legal experience.

3. The members of the Committee shall be elected and shall serve in their personal capacity.

Article 29

1. The members of the Committee shall be elected by secret ballot from a list of persons possessing the qualifications prescribed in article 28 and nominated for the purpose by the States Parties to the present Covenant.

2. Each State Party to the present Covenant may nominate not more than two persons. These persons shall be nationals of the nominating State.

3. A person shall be eligible for renomination.

Article 30

1. The initial election shall be held no later than six months after the date of the entry into force of the present Covenant.

2. At least four months before the date of each election to the Committee, other than an election to fill a vacancy declared in accordance with article 34, the Secretary-General of the United Nations shall address a written invitation to the States Parties to the present Covenant to submit their nominations for membership of the Committee within three months.

3. The Secretary-General of the United Nations shall prepare a list in alphabetical order of all the persons thus nominated, with an indication of the States Parties which have nominated them, and shall submit it to the States Parties to the present Covenant no later than one month before the date of each election.

4. Elections of the members of the Committee shall be held at a meeting of the States Parties to the present Covenant convened by the Secretary-General of the United Nations at the Headquarters of the United Nations. At that meeting, for which two-thirds of the States Parties to the present Covenant shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.

Article 31

1. The Committee may not include more than one national of the same State.

2. In the election of the Committee, consideration shall be given to equitable geographical distribution of membership and to the representation of the different forms of civilization and of the principal legal systems.

Article 32

1. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these nine members shall be chosen by lot by the Chairman of the meeting referred to in article 30, paragraph 4.

2. Elections at the expiry of office shall be held in accordance with the preceding articles of this part of the present Covenant.

Article 33

1. If, in the unanimous opinion of the other members, a member of the Committee has ceased to carry out his functions for any cause other than absence of a temporary character, the Chairman of the Committee shall notify the Secretary-General of the United Nations, who shall then declare the seat of that member to be vacant.

2. In the event of the death or the resignation of a member of the Committee, the Chairman shall immediately notify the Secretary-General of the United Nations, who shall declare the seat vacant from the date of death or the date on which the resignation takes effect.

Article 34

1. When a vacancy is declared in accordance with article 33 and if the term of office of the member to be replaced does not expire within six months of the declaration of the vacancy, the Secretary-General of the United Nations shall notify each of the States Parties to the present Covenant, which may within two months submit nominations in accordance with article 29 for the purpose of filling the vacancy.

2. The Secretary-General of the United Nations shall prepare a list in alphabetical order of the persons thus nominated and shall submit it to the States Parties to the present Covenant. The election to fill the vacancy shall then take place in accordance with the relevant provisions of this part of the present Covenant.

3. A member of the Committee elected to fill a vacancy declared in accordance with article 33 shall hold office for the remainder of the term of the member who vacated the seat on the Committee under the provisions of that article.

Article 35

The members of the Committee shall, with the approval of the General Assembly of the United Nations, receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide, having regard to the importance of the Committee’s responsibilities.

Article 36

The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Covenant.

Article 37

1. The Secretary-General of the United Nations shall convene the initial meeting of the Committee at the Headquarters of the United Nations.

2. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.

3. The Committee shall normally meet at the Headquarters of the United Nations or at the United Nations Office at Geneva.

Article 38

Every member of the Committee shall, before taking up his duties, make a solemn declaration in open committee that he will perform his functions impartially and conscientiously.

Article 39

1. The Committee shall elect its officers for a term of two years. They may be re-elected.

2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that:

(a)

Twelve members shall constitute a quorum;

(b)

Decisions of the Committee shall be made by a majority vote of the members present.

Article 40

1. The States Parties to the present Covenant undertake to submit reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made in the enjoyment of those rights:

(a)

Within one year of the entry into force of the present Covenant for the States Parties concerned;

(b)

Thereafter whenever the Committee so requests.

2. All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit them to the Committee for consideration. Reports shall indicate the factors and difficulties, if any, affecting the implementation of the present Covenant.

3. The Secretary-General of the United Nations may, after consultation with the Committee, transmit to the specialized agencies concerned copies of such parts of the reports as may fall within their field of competence.

4. The Committee shall study the reports submitted by the States Parties to the present Covenant. It shall transmit its reports, and such general comments as it may consider appropriate, to the States Parties. The Committee may also transmit to the Economic and Social Council these comments along with the copies of the reports it has received from States Parties to the present Covenant.

5. The States Parties to the present Covenant may submit to the Committee observations on any comments that may be made in accordance with paragraph 4 of this article.

Article 41

1. A State Party to the present Covenant may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the present Covenant. Communications under this article may be received and considered only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure:

(a)

If a State Party to the present Covenant considers that another State Party is not giving effect to the provisions of the present Covenant, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication, the receiving State shall afford the State which sent the communication an explanation or any other statement in writing clarifying the matter which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending, or available in the matter.

(b)

If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the reciving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State.

(c)

The Committee shall deal with a matter referred to it only after it has ascertained that all available domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged.

(d)

The Committee shall hold closed meetings when examining communications under this article.

(e)

Subject to the provisions of sub-paragraph (c), the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for human rights and fundamental freedoms as recognized in the present Covenant.

(f)

In any matter referred to it, the Committee may call upon the States Parties concerned, referred to in sub-paragraph (b), to supply any relevant information.

(g)

The States Parties concerned, referred to in sub-paragraph (b), shall have the right to be represented when the matter is being considered in the Committee and to make submissions orally and/or in writing.

(h)

The Committee shall, within twelve months after the date of receipt of notice under sub-paragraph (b), submit a report:

(i)

If a solution within the terms of sub-paragraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached;

(ii)

If a solution within the terms of sub-paragraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report.

In every matter, the report shall be communicated to the States Parties concerned.

2. The provisions of this article shall come into force when ten States Parties to the present Covenant have made declarations under paragraph 1 of this article.

Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.

Article 42

1.

(a)

If a matter referred to the Committee in accordance with article 41 is not resolved to the satisfaction of the States Parties concerned, the Committee may, with the prior consent of the States Parties concerned, appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission). The good offices of the Commission shall be made available to the States Parties concerned with a view to an amicable solution of the matter on the basis of respect for the present Covenant;

(b)

The Commission shall consist of five persons acceptable to the States Parties concerned. If the States Parties concerned fail to reach agreement within three months on all or part of the composition of the Commission the members of the Commission concerning whom no agreement has been reached shall be elected by secret ballot by a two-thirds majority vote of the Committee from among its members.

2. The members of the Commission shall serve in their personal capacity. They shall not be nationals of the States Parties concerned, or of a State not party to the present Covenant, or of a State Party which has not made a declaration under article 41.

3. The Commission shall elect its own Chairman and adopt its own rules of procedure.

4. The meetings of the Commission shall normally be held at the Headquarters of the United Nations or at the United Nations Office at Geneva. However, they may be held at such other convenient places as the Commission may determine in consultation with the Secretary-General of the United Nations and the States Parties concerned.

5. The secretariat provided in accordance with article 36 shall also service the commissions appointed under this article.

6. The information received and collated by the Committee shall be made available to the Commission and the Commission may call upon the States Parties concerned to supply any other relevant information.

7. When the Commission has fully considered the matter, but in any event not later than twelve months after having been seized of the matter, it shall submit to the Chairman of the Committee a report for communication to the States Parties concerned.

(a)

If the Commission is unable to complete its consideration of the matter within twelve months, it shall confine its report to a brief statement of the status of its consideration of the matter;

(b)

If an amicable solution to the matter on the basis of respect for human rights as recognized in the present Covenant is reached, the Commission shall confine its report to a brief statement of the facts and of the solution reached.

(c)

If a solution within the terms of sub-paragraph (b) is not reached, the Commission’s report shall embody its findings on all questions of fact relevant to the issues between the States Parties concerned, and its views on the possibilities of an amicable solution of the matter. This report shall also contain the written submissions and a record of the oral submissions made by the States Parties concerned.

(d)

If the Commission’s report is submitted under sub-paragraph (c), the States Parties concerned shall, within three months of the receipt of the report, notify the Chairman of the Committee whether or not they accept the contents of the report of the Commission.

8. The provisions of this article are without prejudice to the responsibilities of the Committee under article 41.

9. The States Parties concerned shall share equally all the expenses of the members of the Commission in accordance with estimates to be provided by the Secretary-General of the United Nations.

10. The Secretary-General of the United Nations shall be empowered to pay the expenses of the members of the Commission, if necessary, before reimbursement by the States Parties concerned, in accordance with paragraph 9 of this article.

Article 43

The members of the Committee, and of the ad hoc conciliation commissions which may be appointed under article 42, shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Article 44

The provisions for the implementation of the present Covenant shall apply without prejudice to the procedures prescribed in the field of human rights by or under the constituent instruments and the conventions of the United Nations and of the specialized agencies and shall not prevent the States Parties to the present Covenant from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them.

Article 45

The Committee shall submit to the General Assembly of the United Nations through the Economic and Social Council, an annual report on its activities.

PART V

Article 46

Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Covenant.

Article 47

Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources.

PART VI

Article 48

1. The present Covenant is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a party to the present Covenant.

2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article.

4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall inform all States which have signed this Covenant or acceded to it of the deposit of each instrument of ratification or accession.

Article 49

1. The present Covenant shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession.

2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession, the present Covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession.

Article 50

The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions.

Article 51

1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General of the United Nations shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.

2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their respective constitutional processes.

3. When amendments come into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Covenant and any earlier amendment which they have accepted.

Article 52

Irrespective of the notifications made under article 48, paragraph 5, the Secretary-General of the United Nations shall inform all States referred to in paragraph 1 of the same article of the following particulars:

(a)

Signatures, ratifications and accessions under article 48;

(b)

The date of the entry into force of the present Covenant under article 49 and the date of the entry into force of any amendments under article 51.

Article 53

1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant to all States referred to in article 48.

IN FAITH WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed the present Covenant, opened for signature at New York, on the nineteenth day of December, one thousand nine hundred and sixty-six.

SCHEDULE 2

Section 6

CONVENTION ON THE POLITICAL RIGHTS OF WOMEN

The Contracting Parties,

Desiring to implement the principle of equality of rights for men and women contained in the Charter of the United Nations,

Recognizing that everyone has the right to take part in the government of his country, directly or indirectly through freely chosen representatives, and has the right to equal access to public service in his country, and desiring to equalize the status of men and women in the enjoyment and exercise of political rights, in accordance with the provisions of the Charter of the United Nations and of the Universal Declaration of Human Rights,

Having resolved to conclude a Convention for this purpose,

Hereby agree as hereinafter provided:

ARTICLE I

Women shall be entitled to vote in all elections on equal terms with men, without any discrimination.

ARTICLE II

Women shall be eligible for election to all publicly elected bodies, established by national law, on equal terms with men, without any discrimination.

ARTICLE III

Women shall be entitled to hold public office and to exercise all public functions, established by national law, on equal terms with men, without any discrimination.

ARTICLE IV

1. This Convention shall be open for signature on behalf of any Member of the United Nations and also on behalf of any other State to which an invitation has been addressed by the General Assembly.

2. This Convention shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.

ARTICLE V

1. This Convention shall be open for accession to all States referred to in paragraph 1 of article IV.

2. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

ARTICLE VI

1. This Convention shall come into force on the ninetieth day following the date of deposit of the sixth instrument of ratification or accession.

2. For each State ratifying or acceding to the Convention after the deposit of the sixth instrument of ratification or accession the Convention shall enter into force on the ninetieth day after deposit by such State of its instrument of ratification or accession.

ARTICLE VII

In the event that any State submits a reservation to any of the articles of this Convention at the time of signature, ratification or accession, the Secretary-General shall communicate the text of the reservation to all States which are or may become parties to this Convention. Any State which objects to the reservation may, within a period of ninety days from the date of the said communication (or upon the date of its becoming a party to the Convention), notify the Secretary-General that it does not accept it. In such case, the Convention shall not enter into force as between such State and the State making the reservation.

ARTICLE VIII

1. Any State may denounce this Convention by written notification to the Secretary-General of the United Nations. Denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.

2. This Convention shall cease to be in force as from the date when the denunciation which reduces the number of parties to less than six becomes effective.

ARTICLE IX

Any dispute which may arise between any two or more Contracting States concerning the interpretation or application of this Convention which is not settled by negotiation, shall at the request of any one of the parties to the dispute be referred to the International Court of Justice for decision, unless they agree to another mode of settlement.

ARTICLE X

The Secretary-General of the United Nations shall notify all Members of the United Nations and the non-member States contemplated in paragraph 1 of article IV of this Convention of the following:

(a)

Signatures and instruments of ratification received in accordance with article IV;

(b)

Instruments of accession received in accordance with article V;

(c)

The date upon which this Convention enters into force in accordance with article VI;

(d)

Communications and notifications received in accordance with article VII;

(e)

Notifications of denunciation received in accordance with paragraph 1 of article VIII;

(f)

Abrogation in accordance with paragraph 2 of article VIII.

ARTICLE XI

1. This Convention, of which the Chinese, English, French, Russian and Spanish texts shall be equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit a certified copy to all Members of the United Nations and to the non-member States contemplated in paragraph 1 of article IV.

IN FAITH WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed the present Convention, opened for signature at New York, on the thirty-first day of March, one thousand nine hundred and fifty-three.

Online version of the Human Rights Bill 1973, as read a first time, prepared in March 2001 by the

Law and Bills Digest Group,
Information and Research Services,
Dept. of the Parliamentary Library,
Canberra, Australia.