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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Bill of Rights Bill 2017
No. , 2017
(Mr Wilkie)
A Bill for an Act relating to the human rights and
fundamental freedoms of all Australians and all
people in Australia, and for related purposes
No. , 2017
Australian Bill of Rights Bill 2017
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Objects ............................................................................................... 2
4
Definitions ......................................................................................... 3
5
Interpretation of Bill of Rights ........................................................ 10
6
Extension to external Territories ..................................................... 10
7
Extent to which Act binds the Crown .............................................. 10
8
Act not to apply so as to exceed Commonwealth power ................. 11
9
Acquisition of property .................................................................... 12
Part 2--Operation of Bill of Rights
13
10
Application of Bill of Rights ........................................................... 13
11
Interpretation of legislation ............................................................. 13
12
No civil or criminal liability under Bill of Rights ............................ 14
Part 3--Functions of the Australian Human Rights
Commission
15
13
Additional powers and functions of Commission ............................ 15
14
Performance of Commission in relation to Bill of Rights ................ 16
15
Complaints and redress for infringement of rights or
freedoms .......................................................................................... 16
16
Reporting to Parliament ................................................................... 17
Part 4--Miscellaneous
19
17
Jurisdiction of Federal Court and Federal Circuit Court .................. 19
18
Regulations ...................................................................................... 19
Part 5--Declaration of Rights
20
19
Australian Bill of Rights .................................................................. 20
No. , 2017
Australian Bill of Rights Bill 2017
1
A Bill for an Act relating to the human rights and
1
fundamental freedoms of all Australians and all
2
people in Australia, and for related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act is the Australian Bill of Rights Act 2017.
8
Part 1 Preliminary
Section 2
2
Australian Bill of Rights Bill 2017
No. , 2017
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Objects
13
The objects of this Act are:
14
(a) to promote universal respect for, and observance of, human
15
rights and fundamental freedoms for all persons without
16
discrimination; and
17
(b) to that end, to enact an Australian Bill of Rights giving effect
18
to certain provisions of:
19
(i) the International Covenant on Civil and Political Rights
20
done at New York on 16 December 1966; and
21
(ii) the International Covenant on Economic, Social and
22
Cultural Rights done at New York on 16 December
23
1966; and
24
(iii) the Convention on the Rights of the Child done at New
25
York on 20 November 1989;
26
being guided by:
27
(iv) the Declaration on the Rights of Mentally Retarded
28
Persons; and
29
Preliminary Part 1
Section 4
No. , 2017
Australian Bill of Rights Bill 2017
3
(v) the Declaration on the Rights of Disabled Persons; and
1
(vi) the Declaration on the Elimination of All Forms of
2
Intolerance and of Discrimination based on Religion or
3
Belief; and
4
(c) to ensure that any person whose rights or freedoms as set out
5
in the Australian Bill of Rights are infringed by or under any
6
law in relation to which that Bill of Rights operates has an
7
effective remedy; and
8
(d) to promote, enhance and secure, as paramount objectives, the
9
freedom and dignity of the human person, equality of
10
opportunity for all persons and full and free participation by
11
all Australians in public affairs and public debate.
12
Note 1:
The International Covenant on Civil and Political Rights is in
13
Australian Treaty Series 1980 No. 23 ([1980] ATS 23) and could in
14
2017 be viewed in the Australian Treaties Library on the AustLII
15
website (http://www.austlii.edu.au).
16
Note 2:
The International Covenant on Economic, Social and Cultural Rights
17
is in Australian Treaty Series 1976 No. 5 ([1976] ATS 5) and could in
18
2017 be viewed in the Australian Treaties Library on the AustLII
19
website (http://www.austlii.edu.au).
20
Note 3:
The Convention on the Rights of the Child is in Australian Treaty
21
Series 1991 No. 4 ([1991] ATS 4) and could in 2017 be viewed in the
22
Australian Treaties Library on the AustLII website
23
(http://www.austlii.edu.au).
24
4 Definitions
25
(1) In this Act:
26
act means an act done:
27
(a) by or on behalf of the Commonwealth, a State or a Territory;
28
or
29
(b) by or on behalf of an authority of the Commonwealth, of a
30
State or of a Territory;
31
being an act done:
32
(c) in relation to an Australian citizen--within or outside
33
Australia; or
34
(d) in any other case--within Australia.
35
Part 1 Preliminary
Section 4
4
Australian Bill of Rights Bill 2017
No. , 2017
Australia, when used in a geographical sense, includes the external
1
Territories.
2
Australian Capital Territory enactment means an enactment of the
3
Australian Capital Territory, within the meaning of the Australian
4
Capital Territory (Self-Government) Act 1988, or an instrument
5
made under such an enactment.
6
authority means:
7
(a) in relation to the Commonwealth:
8
(i) a body (whether incorporated or unincorporated)
9
established for a purpose of the Commonwealth by or
10
under a Commonwealth enactment; or
11
(ii) an incorporated company over which the
12
Commonwealth is in a position to exercise control; or
13
(iii) a person holding or performing the duties of an office or
14
appointment established or made under a
15
Commonwealth enactment or by the Governor-General
16
or a Minister of State of the Commonwealth (not being
17
an office or appointment referred to in subparagraph (c)
18
(iii)); or
19
(iv) a body, or a person holding or performing the duties of
20
an office or appointment, that is declared by the
21
regulations to be an authority of the Commonwealth for
22
the purposes of this Act; or
23
(b) in relation to a State:
24
(i) a body (whether incorporated or unincorporated)
25
established for a purpose of the State by or under an
26
enactment of the State; or
27
(ii) an incorporated company over which the State is in a
28
position to exercise control; or
29
(iii) a person holding or performing the duties of an office or
30
appointment established or made under an enactment, or
31
by the Governor or a Minister, of the State; or
32
(iv) a local government body in the State; or
33
(v) a body, or a person holding or performing the duties of
34
an office or appointment, that is declared by the
35
Preliminary Part 1
Section 4
No. , 2017
Australian Bill of Rights Bill 2017
5
regulations to be an authority of the State for the
1
purposes of this Act; or
2
(c) in relation to a Territory:
3
(i) a body (whether incorporated or unincorporated)
4
established for a purpose of the Territory by or under a
5
Commonwealth enactment or an enactment of the
6
Territory; or
7
(ii) an incorporated company over which the Administration
8
of the Territory is in a position to exercise control; or
9
(iii) a person holding or performing the duties of an office or
10
appointment established or made under an enactment of
11
the Territory or by the Administrator of a Territory; or
12
(iv) a body, or a person holding or performing the duties of
13
an office or appointment, that is declared by the
14
regulations to be an authority of the Territory for the
15
purposes of this Act.
16
Bill of Rights means the Australian Bill of Rights set out in
17
section 19.
18
Commission means the Australian Human Rights Commission
19
established by the Australian Human Rights Commission Act 1986.
20
Commonwealth enactment means an Act or an instrument (other
21
than a Territory enactment) made under an Act, and includes any
22
other legislation or rule of the common law applied (otherwise than
23
by virtue of the Commonwealth Places (Application of Laws) Act
24
1970) as a law of the Commonwealth, to the extent that it operates
25
as such a law.
26
enactment means a Commonwealth enactment, a State enactment
27
or a Territory enactment.
28
infringe includes abrogate and abridge.
29
instrument includes a rule, regulation or by-law.
30
law means a law of the Commonwealth, a law of a Territory or a
31
law of a State.
32
Part 1 Preliminary
Section 4
6
Australian Bill of Rights Bill 2017
No. , 2017
law of a State means any law in force in a State, including a rule of
1
the common law but not including a law of the Commonwealth.
2
law of a Territory means any law in force in a Territory, including
3
a rule of the common law but not including a law of the
4
Commonwealth.
5
law of the Commonwealth means:
6
(a) a Commonwealth enactment; or
7
(b) any other law (other than a rule of the common law) in force
8
throughout Australia; or
9
(c) any rule of the common law as it has effect in relation to or
10
for the purposes of the operation of a Commonwealth
11
enactment or a law referred to in paragraph (b).
12
Minister means:
13
(a) in relation to a State--a Minister of the Crown of the State;
14
or
15
(b) in relation to the Australian Capital Territory and the
16
Northern Territory--a Minister of that Territory.
17
Northern Territory enactment means an enactment of the
18
Northern Territory within the meaning of the Northern Territory
19
(Self-Government) Act 1978 or an instrument made under such an
20
enactment.
21
Parliament, in relation to the Australian Capital Territory, means
22
the Legislative Assembly of the Australian Capital Territory, and
23
in relation to the Northern Territory, means the Legislative
24
Assembly of the Northern Territory.
25
person includes an individual or group of persons, depending on
26
the context.
27
practice means a practice engaged in:
28
(a) by or on behalf of the Commonwealth, a State or a Territory;
29
or
30
(b) by or on behalf of an authority of the Commonwealth, of a
31
State or of a Territory;
32
being a practice engaged in:
33
Preliminary Part 1
Section 4
No. , 2017
Australian Bill of Rights Bill 2017
7
(c) in relation to an Australian citizen--within or outside
1
Australia; or
2
(d) in any other case--within Australia.
3
President means the President of the Commission.
4
proposed enactment means:
5
(a) a proposed law introduced into the Parliament of the
6
Commonwealth or the legislature of a Territory; or
7
(b) a proposed law prepared on behalf of:
8
(i) the Government of the Commonwealth or the
9
Administration of a Territory; or
10
(ii) a Minister of State of the Commonwealth; or
11
(iii) a body established by law that has the function of
12
recommending proposed laws of the Commonwealth or
13
of a Territory; or
14
(c) a proposed State enactment; or
15
(d) an instrument proposed to be made under a Commonwealth
16
enactment or under a Territory enactment.
17
proposed State enactment means:
18
(a) a proposed law introduced into the Parliament of a State; or
19
(b) a proposed law prepared on behalf of:
20
(i) the Government of a State; or
21
(ii) a Minister of the State; or
22
(iii) a body established by law that has the function of
23
recommending proposed laws of a State; or
24
(c) an instrument proposed to be made under a State enactment.
25
responsible Minister means:
26
(a) in relation to a Commonwealth enactment, a Territory
27
enactment or a proposed enactment (other than a proposed
28
State enactment)--the Minister of State of the
29
Commonwealth responsible for the administration of the
30
matter to which the enactment or proposed enactment relates;
31
or
32
(b) in relation to a State enactment or a proposed State
33
enactment--the Minister of the State responsible for the
34
Part 1 Preliminary
Section 4
8
Australian Bill of Rights Bill 2017
No. , 2017
administration of the matter to which the enactment or
1
proposed enactment relates; or
2
(c) in relation to an act done or practice engaged in by or on
3
behalf of the Commonwealth or a Territory or by or on behalf
4
of an authority of the Commonwealth or of a Territory--the
5
Minister of State of the Commonwealth responsible for the
6
administration of the matter in connection with which the act
7
was done or the practice was engaged in; or
8
(d) in relation to an act done or practice engaged in by or on
9
behalf of a State or by or on behalf of an authority of a
10
State--the Minister of the State responsible for the
11
administration of the matter in connection with which the act
12
was done or the practice was engaged in.
13
State includes the Australian Capital Territory and the Northern
14
Territory.
15
State enactment means a State Act or an instrument made under a
16
State Act and includes an Australian Capital Territory enactment
17
and a Northern Territory enactment.
18
suit includes any action or original proceeding between parties.
19
Territory does not include the Australian Capital Territory or the
20
Northern Territory.
21
Territory Act means an Act passed by a legislature of a Territory
22
and duly assented to.
23
Territory enactment means:
24
(a) a Territory Act; or
25
(b) an Ordinance of a Territory; or
26
(c) an instrument made under such an Act or Ordinance; or
27
(d) any other legislation or rule of the common law applied as a
28
law of a Territory, to the extent that it operates as such a law;
29
or
30
(e) an instrument made under legislation referred to in
31
paragraph (d).
32
Preliminary Part 1
Section 4
No. , 2017
Australian Bill of Rights Bill 2017
9
(2) In this Act, a reference to the Governor of a State, in relation to the
1
Northern Territory, means a reference to the Administrator of the
2
Northern Territory.
3
(3) In this Act:
4
(a) a reference to, or to the doing of, an act includes a reference
5
to a refusal or failure to do an act; and
6
(b) a reference, in relation to the doing of an act or the engaging
7
in of a practice, to the person who did the act or engaged in
8
the practice will, in the case of an act done or practice
9
engaged in by an unincorporated body of persons, be read as
10
a reference to that body.
11
(4) Subject to subsection (5), a law will, for the purposes of this Act,
12
be taken to be inconsistent with the Bill of Rights if it:
13
(a) infringes, or authorises the infringement of, a right or
14
freedom set out in the Bill of Rights; or
15
(b) makes, or authorises the making of, a provision that
16
according to the Bill of Rights, is not to be made by any law.
17
(5) Where a law:
18
(a) promotes, enhances or secures a right or freedom set out in
19
the Bill of Rights, but infringes, or authorises the
20
infringement of, another right or freedom set out in the Bill
21
of Rights; or
22
(b) promotes, enhances or secures for a person a right or freedom
23
set out in the Bill of Rights, but, in relation to another person,
24
infringes, or authorises the infringement of, a right or
25
freedom set out in the Bill of Rights;
26
it is the intention of the Parliament that the law will not be
27
determined to be inconsistent with the Bill of Rights unless such a
28
determination would further the objects of this Act, and in
29
particular the paramount objectives referred to in paragraph 3(d), to
30
a greater extent than a determination that the law is not inconsistent
31
with the Bill of Rights.
32
(6) A reference in this Act to a right or freedom set out in the Bill of
33
Rights is a reference to such a right or freedom limited only as
34
permitted by Article 3 of the Bill of Rights.
35
Part 1 Preliminary
Section 5
10
Australian Bill of Rights Bill 2017
No. , 2017
(7) A reference in this Act to the date on which an enactment other
1
than this Act came into force will, in the case of an enactment
2
different provisions of which came into force on different dates, be
3
read as a reference to the date on which the provision concerned
4
came into force.
5
(8) For the purposes of this Act, an Act will be taken to have been
6
enacted at the time when it receives the Royal Assent.
7
(9) A reference in this Act to prejudice to the security, defence or
8
international relations of Australia includes a reference to any such
9
prejudice that might result from the divulging of information or
10
matters communicated in confidence by or on behalf of the
11
government of a foreign country, an authority of a government of a
12
foreign country or an international organisation to the Government
13
of the Commonwealth, to an authority of the Commonwealth or to
14
a person receiving the communication on behalf of the
15
Commonwealth or of an authority of the Commonwealth.
16
5 Interpretation of Bill of Rights
17
(1) For the purposes of the interpretation of the Bill of Rights, each
18
Article of the Bill of Rights is taken to be a section of this Act.
19
(2) Except as expressly provided in this Act, the Bill of Rights may not
20
be interpreted so as to limit or adversely affect the rights of any
21
person.
22
(3) The Bill of Rights may not be interpreted so as to adversely affect
23
the rights particular to Aboriginal and Torres Strait Islander people.
24
6 Extension to external Territories
25
The Act extends to every external Territory.
26
7 Extent to which Act binds the Crown
27
(1) This Act binds the Crown in each of its capacities.
28
(2) This Act does not make the Crown liable to be prosecuted for an
29
offence.
30
Preliminary Part 1
Section 8
No. , 2017
Australian Bill of Rights Bill 2017
11
8 Act not to apply so as to exceed Commonwealth power
1
(1) Unless the contrary intention appears, if a provision of this Act:
2
(a) would, apart from this section, have an application (an
3
invalid application) in relation to:
4
(i) one or more particular persons, things, matters, places,
5
circumstances or cases; or
6
(ii) one or more classes (however defined or determined) of
7
persons, things, matters, places, circumstances or cases;
8
because of which the provision exceeds the Commonwealth's
9
legislative power; and
10
(b) also has at least one application (a valid application) in
11
relation to:
12
(i) one or more particular persons, things, matters, places,
13
circumstances or cases; or
14
(ii) one or more classes (however defined or determined) of
15
persons, things, matters, places, circumstances or cases;
16
that, if it were the provision's only application, would be
17
within the Commonwealth's legislative power;
18
it is the Parliament's intention that the provision is not to have the
19
invalid application, but is to have every valid application.
20
(2) Despite subsection (1), the provision is not to have a particular
21
valid application if:
22
(a) apart from this section, it is clear, taking into account the
23
provision's context and the purpose or object underlying this
24
Act, that the provision was intended to have that valid
25
application only if every invalid application, or a particular
26
invalid application, of the provision had also been within the
27
Commonwealth's legislative power; or
28
(b) the provision's operation in relation to that valid application
29
would be different in a substantial respect from what would
30
have been its operation in relation to that valid application if
31
every invalid application of the provision had been within the
32
Commonwealth's legislative power.
33
(3) Subsection (2) does not limit the cases where a contrary intention
34
may be taken to appear for the purposes of subsection (1).
35
Part 1 Preliminary
Section 9
12
Australian Bill of Rights Bill 2017
No. , 2017
(4) This section applies to a provision of this Act, whether enacted
1
before, at or after the commencement of this section.
2
9 Acquisition of property
3
This Act, or any instrument made under this Act, does not apply to
4
the extent (if any) that the operation of this Act or the instrument
5
would result in an acquisition of property (within the meaning of
6
paragraph 51(xxxi) of the Constitution) from a person otherwise
7
than on just terms (within the meaning of that paragraph).
8
Operation of Bill of Rights Part 2
Section 10
No. , 2017
Australian Bill of Rights Bill 2017
13
Part 2--Operation of Bill of Rights
1
2
10 Application of Bill of Rights
3
(1) Subject to subsection (2), any law, whether passed or made before,
4
on or after the commencing day of this Act, that is inconsistent
5
with this Act does not, to the extent of the inconsistency, have any
6
force or effect.
7
(2) Subsection (1) does not apply in relation to a Commonwealth,
8
State or Territory law if an Act expressly declares that law operates
9
notwithstanding this Act.
10
(3) A declaration made under subsection (2) ceases to have effect 2
11
years after it comes into force or on such earlier date as may be
12
specified in the declaration.
13
(4) The Parliament of the Commonwealth, a State or a Territory may
14
re-enact a declaration made under subsection (2).
15
(5) Subsection (3) applies in respect of a re-enactment made under
16
subsection (4).
17
11 Interpretation of legislation
18
(1) Notwithstanding anything in any other law relating to the
19
construction or interpretation of legislation, in the interpretation of:
20
(a) a provision of a Commonwealth enactment; or
21
(b) a provision of a State enactment; or
22
(c) a provision of a Territory enactment;
23
a construction of the provision that would result in the enactment
24
not being inconsistent with the Bill of Rights, or that would further
25
the objects of this Act, will be preferred to any other construction.
26
(2) Without limiting the generality of subsection (1), in the
27
interpretation of:
28
Part 2 Operation of Bill of Rights
Section 12
14
Australian Bill of Rights Bill 2017
No. , 2017
(a) an Act that authorises the making of an instrument (including
1
a Territory enactment but not including an enactment of the
2
Australian Capital Territory or of the Northern Territory); or
3
(b) a Territory enactment that authorises the making of an
4
instrument;
5
a construction that would result in the Act or Territory enactment
6
not authorising the making of an instrument that would be
7
inconsistent with the Bill of Rights will be preferred to any other
8
construction.
9
12 No civil or criminal liability under Bill of Rights
10
(1) Nothing in the Bill of Rights renders any individual liable to any
11
civil proceedings in respect of the doing of an act that infringes a
12
right or freedom set out in the Bill of Rights.
13
(2) Nothing in this Act renders any person liable to any criminal
14
proceedings in respect of the doing of an act that infringes a right
15
or freedom set out in the Bill of Rights.
16
Functions of the Australian Human Rights Commission Part 3
Section 13
No. , 2017
Australian Bill of Rights Bill 2017
15
Part 3--Functions of the Australian Human Rights
1
Commission
2
3
13 Additional powers and functions of Commission
4
In addition to the powers and functions of the Commission under
5
the Australian Human Rights Commission Act 1986, the
6
Commission has the following powers and functions:
7
(a) to inquire into any act or practice that may infringe a right or
8
freedom set out in the Bill of Rights, and
9
(i) where the Commission considers it appropriate to do
10
so--to endeavour, by conciliation, to effect a settlement
11
of the matters that gave rise to the inquiry; and
12
(ii) where the Commission is of the opinion that the act or
13
practice infringes a right or freedom set out in the Bill
14
of Rights, and the Commission has not considered it
15
appropriate to endeavour to effect a settlement of the
16
matters that gave rise to the inquiry or has endeavoured
17
without success to effect such a settlement--to report to
18
the Minister in relation to the inquiry;
19
(b) to promote an understanding and acceptance in Australia of
20
the rights and freedoms set out in the Bill of Rights and of the
21
objects of this Act, and to promote the protection of those
22
rights and freedoms in Australia;
23
(c) to undertake research and educational programs and other
24
programs, on behalf of the Commonwealth, for the purpose
25
of promoting the rights and freedoms set out in the Bill of
26
Rights and the objects of this Act;
27
(d) to examine enactments and, when requested by the Minister,
28
proposed enactments for the purpose of ascertaining whether
29
the enactments or proposed enactments are, or would be,
30
inconsistent with the Bill of Rights, and to report to the
31
Minister the results of any such examination;
32
(e) on its own initiative or when requested by the Minister, to
33
report to the Minister as to the enactments that should be
34
made by the Parliament, or action that should be taken by the
35
Part 3 Functions of the Australian Human Rights Commission
Section 14
16
Australian Bill of Rights Bill 2017
No. , 2017
Commonwealth, on matters relating to the rights and
1
freedoms set out in the Bill of Rights; and
2
(f) to do anything incidental or conducive to the performance of
3
any of the preceding functions.
4
14 Performance of Commission in relation to Bill of Rights
5
(1) Subject to subsection (2), the powers and duties of the Commission
6
set out in Division 2 of Part II of the Australian Human Rights
7
Commission Act 1986 are extended to apply also to rights and
8
freedoms set out in the Bill of Rights.
9
(2) Before inquiring, under this Act, into an act or practice, the
10
Commission must tell the responsible Minister that the
11
Commission proposes to inquire into the act or practice.
12
15 Complaints and redress for infringement of rights or freedoms
13
(1) A written complaint may be lodged with the Commission, alleging
14
that an act or practice infringes a right or freedom set out in the Bill
15
of Rights.
16
(2) After a complaint is lodged with the Commission, a complainant, a
17
respondent, an affected person or the Commission may apply for
18
an interim injunction to the Federal Court or the Federal Circuit
19
Court. The Courts may grant an interim injunction to maintain the
20
status quo or maintain the rights of any complainant, respondent or
21
affected person.
22
(3) Except as provided by this Part, Part IIB of the Australian Human
23
Rights Commission Act 1986 applies in relation to a complaint
24
under subsection (1) to the extent necessary to enable the
25
complaint to be dealt with as applicable, through:
26
(a) conciliation by the President; and
27
(b) proceedings in the Federal Court and the Federal Circuit
28
Court.
29
(4) For the purposes of subsection (2), reference to unlawful
30
discrimination in Part IIB of the Australian Human Rights
31
Functions of the Australian Human Rights Commission Part 3
Section 16
No. , 2017
Australian Bill of Rights Bill 2017
17
Commission Act 1986 is read as including an act or practice that
1
infringes a right or freedom set out in the Bill of Rights.
2
16 Reporting to Parliament
3
(1) The Minister must cause a copy of every report given to the
4
Minister by the Commission under paragraphs 13(a), (d) or (e) to
5
be laid before each House of the Parliament within 15 sitting days
6
of that House after the report is received by the Minister.
7
(2) Where the Commission gives to the Minister under
8
paragraph 13(a), (d) or (e) a report that relates to:
9
(a) a State enactment, or proposed State enactment; or
10
(b) an act done or practice engaged in:
11
(i) by or on behalf of a State; or
12
(ii) by or on behalf of an authority of a State;
13
the Minister must immediately give a copy of the report to the
14
Attorney-General of that State.
15
(3) The Minister:
16
(a) must not cause a copy of a report of the kind referred to in
17
subsection (2) to be laid before either House of the
18
Parliament until:
19
(i) the expiration of 30 days after a copy of the report was
20
given to the Attorney-General of the State concerned
21
under subsection (2); or
22
(ii) the Minister receives from the Attorney-General of the
23
State concerned a statement relating to the enactment,
24
act or practice to which the report related, whichever
25
happens first; and
26
(b) must cause a copy of the report to be laid before each House
27
of the Parliament within 15 sitting days after the happening
28
of the first of the events referred to in subparagraphs (a) (i)
29
and (ii); and
30
(c) if the event referred to in subparagraph (a) (ii) is the first to
31
happen, or if, before the report is laid before either House of
32
the Parliament pursuant to paragraph (b), the Minister
33
receives from the Attorney-General concerned a statement of
34
the kind referred to in subparagraph (a) (ii)--must cause a
35
Part 3 Functions of the Australian Human Rights Commission
Section 16
18
Australian Bill of Rights Bill 2017
No. , 2017
copy of the statement to be attached to each copy of the
1
report that is laid before a House of the Parliament pursuant
2
to paragraph (b).
3
Miscellaneous Part 4
Section 17
No. , 2017
Australian Bill of Rights Bill 2017
19
Part 4--Miscellaneous
1
2
17 Jurisdiction of Federal Court and Federal Circuit Court
3
The Federal Court and the Federal Circuit Court have concurrent
4
jurisdiction with respect to civil matters arising under Part 3.
5
18 Regulations
6
The Governor-General may make regulations prescribing matters:
7
(a) required or permitted by this Act to be prescribed; or
8
(b) necessary or convenient to be prescribed for carrying out or
9
giving effect to this Act.
10
Part 5 Declaration of Rights
Section 19
20
Australian Bill of Rights Bill 2017
No. , 2017
Part 5--Declaration of Rights
1
2
19 Australian Bill of Rights
3
The Australian Bill of Rights is as follows:
4
5
Australian Bill of Rights
6
Division 1--Guarantee of rights and freedoms
7
Article 1
8
Entitlement to rights and freedoms without distinction
9
Every person is entitled to equality before the law and to the
10
human rights and fundamental freedoms set out in this Bill of
11
Rights irrespective of distinctions such as race, colour, sex,
12
intersex status, sexual orientation, gender identity, language,
13
religion, political or other opinion, national or social origin,
14
property, birth, mental or physical disability or other status.
15
Article 2
16
Effect of Bill of Rights on existing rights and freedoms
17
A right or freedom existing under, or recognised by, any other law
18
may not be taken to have been diminished or derogated from by
19
reason only that the right or freedom is not set out in this Bill of
20
Rights.
21
Declaration of Rights Part 5
Section 19
No. , 2017
Australian Bill of Rights Bill 2017
21
Article 3
1
Permissible limitations
2
(1) The rights and freedoms set out in this Bill of Rights are subject
3
only to such reasonable limitations prescribed by law as can be
4
demonstrably justified in a free and democratic society.
5
(2) A right or freedom set out in this Bill of Rights may not be limited
6
by any law to any greater extent than is permitted by the
7
International Covenant on Civil and Political Rights and the
8
International Covenant on Economic, Social and Cultural Rights.
9
Division 2--Fundamental freedoms
10
Article 4
11
Freedom of expression
12
(1) Every person has the right to freedom of expression, including the
13
freedom of the press and other media of communication, and the
14
freedom to seek, receive and impart ideas or information of any
15
kind in any form, without interference and regardless of frontiers.
16
(2) A law may not authorise a person or group to express information
17
that advocates national, racial or religious hatred and incites
18
discrimination, hostility or violence.
19
Article 5
20
Freedom of thought and conscience
21
Every person has the right to freedom of thought and conscience,
22
including the right to hold opinions without interference.
23
Part 5 Declaration of Rights
Section 19
22
Australian Bill of Rights Bill 2017
No. , 2017
Article 6
1
Freedom to have or adopt a religion or belief
2
Every person has the right to have or adopt a religion or belief of
3
that person's choice without coercion of any kind, and to manifest
4
that religion or belief in worship, observance, practice and
5
teaching, whether individually or in community with others and
6
whether in public or in private.
7
Article 7
8
Right of peaceful assembly
9
Every person has the right of peaceful assembly.
10
Article 8
11
Freedom of association
12
Every person has the right to freedom of association with others,
13
including the right to form and join trade unions for the protection
14
of that person's interests.
15
Division 3--Equality rights
16
Article 9
17
Equal protection of the law
18
(1) Every person has the right without any discrimination to the equal
19
protection of the law.
20
(2) Nothing in this Bill of Rights affects the operation of any earlier or
21
later law by reason only of the fact that the law discriminates in
22
favour of a class of persons for the purpose of redressing any
23
disabilities particularly suffered by that class or arising from
24
discrimination against that class.
25
Declaration of Rights Part 5
Section 19
No. , 2017
Australian Bill of Rights Bill 2017
23
Article 10
1
Rights of Indigenous peoples
2
Aboriginal and Torres Strait Islander people have the following
3
individual and collective rights and responsibilities:
4
(a) the right to revive, maintain and develop their ethnic and
5
cultural characteristics and identities, including:
6
(i) their religion and spiritual development; and
7
(ii) their language and educational institutions;
8
(b) the right to claim native title for Indigenous lands and natural
9
resources based on the recognition of their prior ownership;
10
(c) the right to manage their own affairs to the greatest possible
11
extent while enjoying all the rights that other Australian
12
citizens have in the political, economic, social and cultural
13
life of Australia;
14
(d) the right to obtain reasonable financial and technical
15
assistance from the Government to pursue their political,
16
economic, social and cultural development in a spirit of
17
co-existence with other Australian citizens and in conditions
18
of freedom and dignity;
19
(e) the responsibility to respect their laws and customs and to
20
promote Indigenous culture.
21
Article 11
22
Rights of minority groups
23
Persons who belong to an ethnic, religious or linguistic minority
24
have the right, in community with other members of their own
25
group, to enjoy their own culture, to profess and practise their own
26
religion, or to use their own language.
27
Division 4--Civil and democratic rights
28
Part 5 Declaration of Rights
Section 19
24
Australian Bill of Rights Bill 2017
No. , 2017
Article 12
1
Right to life
2
(1) From birth, every human being has the inherent right to life and no
3
person may be arbitrarily deprived of life.
4
(2) Every person has the right to bodily and psychological integrity.
5
(3) Every person has the right to end his or her life.
6
Article 13
7
Liberty and security of person
8
(1) Every person has the right to liberty and security of person.
9
(2) No law may authorise the arbitrary arrest, detention or
10
imprisonment of any person.
11
(3) No person may be deprived of liberty except on such grounds, and
12
in accordance with such procedures, as are established by law.
13
(4) No person may be imprisoned merely on the ground of inability to
14
fulfil a contractual obligation.
15
Article 14
16
No torture or inhuman treatment and no experimentation without
17
consent
18
(1) No person may be subjected to torture or to cruel, inhuman or
19
degrading treatment or punishment.
20
(2) No person may be subjected to medical or scientific
21
experimentation without that person's free consent.
22
(3) Every person has the right to refuse any medical treatment for
23
themselves.
24
Declaration of Rights Part 5
Section 19
No. , 2017
Australian Bill of Rights Bill 2017
25
Article 15
1
Slavery and servitude
2
No person may be held in slavery or servitude or be required to
3
perform forced or compulsory labour.
4
Article 16
5
Right of participation in public life
6
Every Australian citizen has the right and will have the
7
opportunity:
8
(a) to take part in the conduct of public affairs, directly or
9
through freely chosen representatives; and
10
(b) to vote and to be elected at genuine periodic elections, which
11
will be by universal and equal suffrage and by secret ballot,
12
guaranteeing the free expression of the will of the electors;
13
and
14
(c) to have access on general terms of equality to public
15
employment.
16
Article 17
17
Right to marry and to found a family
18
Recognising that the family is the natural and fundamental group
19
unit of society and is entitled to protection by society and the
20
Commonwealth or State Government:
21
(a) every person of marriageable age has the right to marry and
22
to found a family; and
23
(b) no marriage may be entered into without the free and full
24
consent of the intending spouses.
25
Part 5 Declaration of Rights
Section 19
26
Australian Bill of Rights Bill 2017
No. , 2017
Article 18
1
Rights of the child
2
Recognising that every child has the right to such measures of
3
protection as are required by the child's age:
4
(a) every child has the fundamental rights and freedoms set out
5
in this Bill of Rights to the greatest extent compatible with
6
the age of the individual child; and
7
(b) every child will be registered immediately after birth and will
8
have a name; and
9
(c) every child has the right to acquire a nationality; and
10
(d) every child will be protected from economic and social
11
exploitation. Their employment under set age limits, or in
12
work harmful to their morals or health, dangerous to life or
13
likely to hamper their normal development should be
14
prohibited and punishable by law.
15
Article 19
16
Rights of movement within Australia
17
(1) Every person lawfully in Australia has the right to freedom of
18
movement and choice of residence.
19
(2) A person who is lawfully in Australia but is not an Australian
20
citizen may not be required to leave Australia except on such
21
grounds and in accordance with such procedures as are established
22
by law.
23
Article 20
24
Right to enter Australia
25
(1) Every Australian citizen has the right to enter Australia.
26
(2) A law may restrict a citizen's right to enter if that person is under
27
legal investigation or sentence in another country.
28
Declaration of Rights Part 5
Section 19
No. , 2017
Australian Bill of Rights Bill 2017
27
Article 21
1
Right to leave Australia
2
(1) Every person has the right to leave Australia.
3
(2) A law may restrict a person's right to leave if that person is under
4
legal investigation or sentence in Australia.
5
Division 5--Economic and social rights
6
Article 22
7
Property
8
(1) Every natural or legal person has the right to peacefully enjoy the
9
person's possessions. No person may be deprived of the person's
10
possessions except in the public interest and subject to the
11
conditions provided for by law and by the general principles of
12
international law.
13
(2) This right does not impair the right of the Commonwealth or State
14
Government to enforce laws it considers necessary to control the
15
use of property in accordance with the general interest or to secure
16
the payment of taxes or other contributions or penalties.
17
Article 23
18
Standard of living
19
(1) Every person has the right to an adequate standard of living,
20
including:
21
(a) sufficient food and water; and
22
(b) clothing and housing; and
23
(c) access to health care services; and
24
(d) access to social security, including if they are unable to
25
support themselves and their dependants, appropriate social
26
assistance.
27
(2) No one may be refused emergency medical treatment.
28
Part 5 Declaration of Rights
Section 19
28
Australian Bill of Rights Bill 2017
No. , 2017
(3) The Commonwealth or State Government will take reasonable
1
legislative and other measures to provide for the progressive
2
realisation of each of these rights.
3
Article 24
4
Right to live in a safe society
5
Every person has the individual and collective right to live in a safe
6
society and the collective and individual responsibility to act in a
7
peaceful and non violent way.
8
Article 25
9
Right to adequate child care
10
A parent or other person responsible for the care of a child has the
11
right of reasonable access to adequate child care facilities and the
12
responsibility to ensure that the child is properly cared for.
13
Article 26
14
Right to education
15
No person may be denied the right to education. In the exercise of
16
any functions which it assumes in relation to education and to
17
teaching, the Commonwealth or State Government will respect the
18
right of parents to ensure such education and teaching in
19
conformity with their own religious and philosophical convictions.
20
Article 27
21
Work
22
(1) Every person has the right to work including the right to the
23
opportunity to gain reasonable payment for work the person freely
24
chooses or accepts.
25
(2) Every person has the right to just and favourable conditions of
26
work including:
27
Declaration of Rights Part 5
Section 19
No. , 2017
Australian Bill of Rights Bill 2017
29
(a) fair and reasonable payment for work so as to provide a
1
decent living as a minimum; and
2
(b) safe and healthy working conditions; and
3
(c) rest, leisure and reasonable limitation of working hours and
4
periodic and public holidays with pay.
5
Article 28
6
Individual and collective development
7
Every person has the right to participate in and contribute to
8
individual and collective economic, social and cultural
9
development including:
10
(a) taking part in cultural life; and
11
(b) enjoying the benefits of scientific progress and its
12
applications; and
13
(c) benefiting from the protection of the moral and material
14
interests resulting from any scientific, literary or artistic
15
production of which the person is the author.
16
Article 29
17
Environment
18
(1) Every person has the right to an environment that is not harmful to
19
their health or well-being.
20
(2) The Commonwealth or State Government will take appropriate
21
steps to protect the environment for the benefit of present and
22
future generations, through reasonable legislative and other
23
measures that:
24
(a) prevent pollution and ecological degradation; and
25
(b) promote conservation; and
26
(c) secure ecologically sustainable development and use of
27
natural resources while promoting justifiable economic and
28
social development.
29
Division 6--Legal rights
30
Part 5 Declaration of Rights
Section 19
30
Australian Bill of Rights Bill 2017
No. , 2017
Article 30
1
Right to protection from arbitrary interference
2
Every person has the right to:
3
(a) protection of privacy, family, home and correspondence from
4
arbitrary or unlawful interference; and
5
(b) protection from unlawful attacks on honour and reputation.
6
Article 31
7
Right to procedural fairness
8
(1) Every person has the right to have a decision by a tribunal or other
9
public authority that may affect the person's rights made in a way
10
that observes the rules of procedural fairness.
11
(2) The rules of procedural fairness include:
12
(a) the rule that a person whose interests may be adversely
13
affected by a decision will be given a reasonable opportunity
14
to present a case; and
15
(b) the rule that the tribunal or authority will be impartial in the
16
matter to be decided.
17
Article 32
18
Right to legal assistance
19
Every person has the right to reasonable access to legal aid and the
20
responsibility to accept assistance from a suitably qualified
21
representative appointed by a court.
22
Article 33
23
Right to be informed of reasons for detention or arrest and of
24
charges
25
Any person who is detained or arrested will be informed at the time
26
of detention or arrest of the reasons for it, and will be informed
27
Declaration of Rights Part 5
Section 19
No. , 2017
Australian Bill of Rights Bill 2017
31
promptly and in detail of any charges in a language which that
1
person understands.
2
Article 34
3
Right to consult with lawyer and to remain silent
4
Any person detained in custody has the right to remain silent and
5
the right to consult with a lawyer.
6
Article 35
7
Hearings, release and trial
8
(1) Any person detained or arrested on a criminal charge will be
9
brought promptly before a judge, magistrate or justice of the peace.
10
(2) No person awaiting trial may be unreasonably deprived of the right
11
to release on giving a guarantee to appear for trial.
12
(3) Any person detained or arrested on a criminal charge has the right
13
to be tried within a reasonable time.
14
Article 36
15
Right to test lawfulness of detention
16
Any person deprived of liberty has the right to take proceedings
17
before a court for the determination of the lawfulness of the
18
detention and to be released if the court finds that the detention is
19
not lawful.
20
Article 37
21
Presumption of innocence
22
Any person charged with a criminal offence is presumed innocent
23
until proved guilty according to law.
24
Part 5 Declaration of Rights
Section 19
32
Australian Bill of Rights Bill 2017
No. , 2017
Article 38
1
Right to fair hearing
2
In the determination of any criminal charge, or of any rights or
3
obligations in a suit at law, every person has the right to a fair and
4
public hearing by a competent, independent and impartial tribunal.
5
Article 39
6
Right to reasonable standard of criminal procedure
7
(1) Every person charged with a criminal offence has the following
8
rights:
9
(a) the right to have the principles of due process applied to
10
matters arising from the charge;
11
(b) the right to obtain legal assistance;
12
(c) the right to communicate with a lawyer;
13
(d) the right to legal assistance without cost, if the interests of
14
justice so require and the person lacks sufficient means to
15
pay for the assistance;
16
(e) the right to have adequate time and facilities to prepare a
17
defence;
18
(f) the right to trial by jury if the person may be imprisoned for 3
19
or more years for the offence;
20
(g) the right to be present at any trial relating to the offence and
21
to present a defence;
22
(h) the right to examine the witnesses against the person;
23
(i) the right to obtain the attendance of, and to examine,
24
witnesses for the person;
25
(j) the right to have the free assistance of an interpreter if the
26
person cannot understand or speak the language used in
27
court;
28
(k) the right not to be compelled to testify or confess guilt;
29
(l) in the case of a child, the right to be dealt with in a manner
30
which takes account of the child's age.
31
Declaration of Rights Part 5
Section 19
No. , 2017
Australian Bill of Rights Bill 2017
33
(2) Every person who is found guilty to an offence has the right to be
1
sentenced within a reasonable time and to be informed in a
2
language that the person understands of the reasons for the
3
sentence.
4
Article 40
5
No retrospective criminal offences or penalties
6
(1) No person may be convicted of any criminal offence on account of
7
any act or omission which did not constitute a criminal offence at
8
the time when it occurred.
9
(2) No person convicted of any criminal offence is liable to a heavier
10
penalty than was applicable at the time the offence was committed.
11
Article 41
12
Right of review of conviction and sentence
13
Every person convicted of a criminal offence has the right to have
14
the conviction or sentence reviewed by a higher tribunal according
15
to law.
16
Article 42
17
No trial or punishment for same offence
18
No person finally convicted or acquitted of a criminal offence may
19
be tried or punished again for the same offence or for substantially
20
the same offence arising out of the same facts.
21
Article 43
22
Rights when deprived of liberty
23
(1) Every person deprived of liberty has the right to be treated with
24
humanity and with respect for the inherent dignity of the human
25
person.
26
Part 5 Declaration of Rights
Section 19
34
Australian Bill of Rights Bill 2017
No. , 2017
(2) So far as is practicable:
1
(a) accused persons will be segregated from convicted persons,
2
and will be treated in a manner appropriate to their status as
3
unconvicted persons; and
4
(b) accused children will be segregated from accused adults; and
5
(c) convicted children will be segregated from convicted adults,
6
and will be treated in a manner appropriate to their age and
7
legal status.
8