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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENTARY CHARTER OF RIGHTS AND FREEDOMS BILL 2001 [2008]
1998-1999-2000-2001
The Parliament of the
Commonwealth of Australia
THE SENATE
Parliamentary Charter of Rights and
Freedoms Bill 2001
No. , 2001
(Restored by Senator Stott Despoja 9 November 2005)
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
i Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001
Contents
Part 1--Preliminary
1
1
Short title ............................................................................................ 1
2
Commencement................................................................................... 2
3
Objects ................................................................................................ 2
4
Interpretation ...................................................................................... 2
5
Interpretation of Charter..................................................................... 5
6
Extent to which Act binds the Crown ................................................ 6
7
Extension to external Territories ......................................................... 6
8
Application of Charter........................................................................ 6
9
Interpretation of legislation................................................................. 7
10
No rights of action or criminal liability under Charter ........................ 7
11
Powers of courts in criminal proceedings ........................................... 7
Part 2--Parliamentary Charter of Rights and Freedoms
9
12
Parliamentary Charter of Rights and Freedoms .................................. 9
Part 3--Functions of Human Rights and Equal Opportunity
Commission
10
13
Functions of Human Rights and Equal Opportunity
Commission ...................................................................................... 10
14
Performance of functions of Commission in relation to
Charter .............................................................................................. 11
15
Reporting to Parliament .................................................................... 11
Part 4--Miscellaneous
13
16
Regulations........................................................................................ 13
Schedule 1--Parliamentary Charter of Rights and
Freedoms
14
Division 1--General
14
Article 1 14
Entitlement to rights and freedoms without discrimination............................. 14
Article 2 14
Effect of Charter on existing rights and freedoms ............................................ 14
Article 3 14
Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 ii
Permissible limitations ..................................................................................... 14
Division 2--Non-discrimination
15
Article 4 15
Equal protection of the law.............................................................................. 15
Article 5 15
Rights of minority groups................................................................................ 15
Division 3--Fundamental political rights
15
Article 6 15
Right of participation in public life.................................................................. 15
Article 7 16
Freedom of expression ..................................................................................... 16
Article 8 16
Freedom of thought and conscience ................................................................. 16
Article 9 16
Freedom of religion or belief ............................................................................ 16
Article 10 ......................................................................................................... 16
Right of peaceful assembly .............................................................................. 16
Article 11 ......................................................................................................... 17
Freedom of association .................................................................................... 17
Division 4--Privacy and family rights
17
Article 12 ......................................................................................................... 17
Right to protection from arbitrary interference ............................................... 17
Article 13 ......................................................................................................... 18
Right to marry and to found a family .............................................................. 18
Article 14 ......................................................................................................... 18
Rights of the child ............................................................................................ 18
Division 5--Freedom of movement
19
Article 15 ......................................................................................................... 19
Rights of persons in Australia ......................................................................... 19
Article 16 ......................................................................................................... 19
Right to enter Australia.................................................................................... 19
Article 17 ......................................................................................................... 19
Right to leave Australia.................................................................................... 19
iii Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001
Division 6--Life, liberty and criminal process
19
Article 18 ......................................................................................................... 19
Right to life ...................................................................................................... 19
Article 19 ......................................................................................................... 20
Liberty and security of person ........................................................................ 20
Article 20 ......................................................................................................... 20
Slavery and forced labour................................................................................. 20
Article 21 ......................................................................................................... 20
Right to be informed of reasons for arrest or detention and of charges ........... 20
Article 22 ......................................................................................................... 20
Right to remain silent and to have access to lawyer ........................................ 20
Article 23 ......................................................................................................... 21
Hearings, release and trial................................................................................. 21
Article 24 ......................................................................................................... 21
Right to test lawfulness of detention ............................................................... 21
Article 25 ......................................................................................................... 21
Presumption of innocence................................................................................ 21
Article 26 ......................................................................................................... 21
Right to fair hearing.......................................................................................... 21
Article 27 ......................................................................................................... 22
Rights of the accused relating to trial ............................................................... 22
Article 28 ......................................................................................................... 22
No retrospective criminal offences or penalties............................................... 22
Article 29 ......................................................................................................... 23
Right of review of conviction and sentence ..................................................... 23
Article 30 ......................................................................................................... 23
No trial or punishment for same offence ......................................................... 23
Article 31 ......................................................................................................... 23
Rights when deprived of liberty ...................................................................... 23
Article 32 ......................................................................................................... 24
No torture or inhuman treatment and no experimentation without
consent .............................................................................................. 24
Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 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
1 Short title
6
This Act may be cited as the Parliamentary Charter of Rights
7
and Freedoms Act 2001.
8
Part 1 Preliminary
Section 2
2 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001
2 Commencement
1
(1) Subject to subsection (2), this Act commences on the day on which
2
it receives the Royal Assent.
3
(2) Section 8 commences on the third anniversary of the day on which
4
this Act receives the Royal Assent.
5
3 Objects
6
The objects of this Act are:
7
(a) to promote universal respect for, and observance of, human
8
rights and fundamental freedoms for all persons without
9
discrimination; and
10
(b) to that end, to affirm Australia's commitment to the
11
International Covenant on Civil and Political Rights by
12
enacting a Parliamentary Charter of Rights and Freedoms;
13
and
14
(c) to ensure that any person whose rights or freedoms as set out
15
in the Parliamentary Charter of Rights and Freedoms are
16
infringed by or under any law in relation to which that Charter
17
operates has an effective remedy; and
18
(d) to promote, enhance and secure, as paramount objectives, the
19
freedom and dignity of the human person, equality of
20
opportunity for all persons and full and free participation by all
21
Australians in public affairs and public debate.
22
4 Interpretation
23
(1) In this Act, unless the contrary intention appears:
24
act means an act done:
25
(a) by or on behalf of the Commonwealth or of a State or a
26
Territory; or
27
(b) by or on behalf of an authority of the Commonwealth or of a
28
State or a Territory;
29
being an act done:
30
Preliminary Part 1
Section 4
Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 3
(c) in relation to an Australian citizen--within or outside
1
Australia; or
2
(d) in any other case--within Australia;
3
Australia includes the external Territories.
4
authority means:
5
(a) in relation to the Commonwealth:
6
(i) a body (whether incorporated or unincorporated)
7
established for a purpose of the Commonwealth by or
8
under a Commonwealth law; or
9
(ii) an incorporated company over which the
10
Commonwealth is in a position to exercise control; or
11
(iii) a person holding or performing the duties of an office or
12
appointment established or made under a
13
Commonwealth law or by the Governor-General or a
14
Minister of State of the Commonwealth; or
15
(iv) a body, or a person holding or performing the duties of
16
an office or appointment, that is declared by the
17
regulations to be an authority of the Commonwealth for
18
the purposes of this Act;
19
(b) in relation to a State:
20
(i) a body (whether incorporated or unincorporated)
21
established for a purpose of the State by or under a law
22
of the State; or
23
(ii) an incorporated company over which the State is in a
24
position to exercise control; or
25
(iii) a person holding or performing the duties of an office or
26
appointment established or made under a law, or by the
27
Governor or a Minister, of the State; or
28
(iv) a local government body in the State; or
29
(v) a body, or a person holding or performing the duties of
30
an office or appointment, that is declared by the
31
regulations to be an authority of the State for the
32
purposes of this Act; and
33
(c) in relation to a Territory:
34
Part 1 Preliminary
Section 4
4 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001
(i) a body (whether incorporated or unincorporated)
1
established for a purpose of the Territory by or under a
2
Territory law; or
3
(ii) an incorporated company over which the Territory is in
4
a position to exercise control; or
5
(iii) a person holding or performing the duties of an office or
6
appointment established or made under a law, or by an
7
administrator or a Minister, of the Territory; or
8
(iv) a body, or a person holding or performing the duties of
9
an office or appointment, that is declared by the
10
regulations to be an authority of the Territory for the
11
purposes of this Act.
12
Charter or Charter of Rights and Freedoms means the
13
Parliamentary Charter of Rights and Freedoms set out in
14
Schedule 1.
15
Commission means the Human Rights and Equal Opportunity
16
Commission established by the Human Rights and Equal
17
Opportunity Commission Act 1986.
18
Covenant means the International Covenant on Civil and Political
19
Rights, a copy of the English text of which is set out in Schedule 1
20
of the Human Rights and Equal Opportunity Commission Act
21
1986, as that International Covenant applies in relation to Australia.
22
law means a law of the Commonwealth, a law of a State or a law
23
of a Territory.
24
practice means a practice engaged in:
25
(a) by or on behalf of the Commonwealth or of a State or a
26
Territory; or
27
(b) by or on behalf of an authority of the Commonwealth or of a
28
State or a Territory;
29
being a practice engaged:
30
(c) in relation to an Australian citizen--within or outside
31
Australia; or
32
Preliminary Part 1
Section 5
Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 5
(d) in any other case--within Australia.
1
proposed law means:
2
(a) a proposed law introduced into the Parliament of the
3
Commonwealth or of a State or a Territory; or
4
(b) a proposed law prepared on behalf of:
5
(i) the Government of the Commonwealth or of a State or a
6
Territory; or
7
(ii) a Minister of State of the Commonwealth or of a State
8
or a Territory; or
9
(iii) a body established by law that has the function of
10
recommending proposed laws of the Commonwealth or
11
of a State or a Territory.
12
responsible Minister means the Commonwealth, State or Territory
13
Minister responsible for the administration of the matter to which
14
the law, proposed law, act or practice relates.
15
(2)
A reference in this Act to a law or a proposed law includes a
16
reference to any instrument or proposed instrument (including a
17
rule, regulation, by-law, award, determination, order or direction)
18
made, granted or issued under a power conferred by such a law or
19
proposed law.
20
(3) In this Act:
21
(a) a reference to, or to the doing of, an act includes a reference
22
to a refusal or failure to do an act; and
23
(b) a reference, in relation to the doing of an act or the engaging
24
in of a practice, to the person who did the act or engaged in
25
the practice shall, in the case of an act done or practice
26
engaged in by an unincorporated body of persons, be read as
27
a reference to that body.
28
5 Interpretation of Charter
29
For the purposes of the interpretation of the Charter of Rights and
30
Freedoms, each Article of the Charter shall be taken to be a
31
section of this Act.
32
Part 1 Preliminary
Section 6
6 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001
6 Extent to which Act binds the Crown
1
(1) This Act binds the Crown in right of the Commonwealth, each of
2
the States and the Territories.
3
(2) Nothing in this Act renders the Crown in right of the
4
Commonwealth or of a State or a Territory liable to be prosecuted
5
for an offence.
6
7 Extension to external Territories
7
This Act extends to every external Territory.
8
8 Application of Charter
9
(1)
Subject to subsection (2), any provision of a law, whether passed or
10
made before, on or after the commencing day of this Act, that is
11
inconsistent with a provision of this Act does not, to the extent of
12
the inconsistency, have any force or effect.
13
(2) Subsection (1) does not apply in relation to a provision of a
14
Commonwealth, State or Territory law if an Act expressly declares
15
that provision shall operate notwithstanding this Act.
16
(3) A declaration made under subsection (2) ceases to have effect two
17
years after it comes into force or on such earlier date as may be
18
specified in the declaration.
19
(4) The Parliament of the Commonwealth or of a State or a Territory
20
may re-enact a declaration made under subsection (2).
21
(5) Subsection (3) applies in respect of a re-enactment made under
22
subsection (4).
23
(6) The rights and freedoms set out in this Act are in addition to, and
24
not in derogation of, any other rights and freedoms of the individual
25
under the laws of the Commonwealth or of a State or a Territory
26
and this Act is not intended to exclude or limit the operation of any
27
of those laws in so far as they can operate concurrently with the
28
provisions of this Act.
29
Preliminary Part 1
Section 9
Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 7
(7) Nothing in this Act may be interpreted as implying any right to
1
engage in any activity or perform any act that is restrictive of any
2
of the rights and freedoms recognised in this Act or limits any of
3
those rights and freedoms to a greater extent than is provided in
4
this Act.
5
9 Interpretation of legislation
6
Notwithstanding anything in any other law relating to the
7
construction or interpretation of legislation, in the interpretation of a
8
provision of a Commonwealth or of a State or a Territory law a
9
construction of the provision that would result in the law not being
10
in conflict with the Charter of Rights and Freedoms, or that would
11
further the objects of this Act, shall be preferred to any other
12
construction.
13
10 No rights of action or criminal liability under Charter
14
(1) Nothing in the Charter of Rights and Freedoms confers on a person
15
any right of action in respect of the doing of an act that infringes a
16
right or freedom set out in the Charter.
17
(2) Nothing in this Act renders any person liable to any criminal
18
proceedings in respect of the doing of an act that infringes a right
19
or freedom set out in the Charter.
20
11 Powers of courts in criminal proceedings
21
(1) Where, in proceedings against a person for a criminal offence, the
22
court is satisfied that evidence tendered to the court was obtained
23
in a manner that infringed a right or freedom set out in the Charter,
24
the court shall refuse to admit that evidence in the proceedings
25
unless it is satisfied that:
26
(a) admission of the evidence would substantially benefit the
27
public interest in the administration of criminal justice; and
28
(b) that benefit would outweigh any prejudice to the rights and
29
freedoms of any person, including the defendant, that has
30
Part 1 Preliminary
Section 11
8 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001
occurred or is likely to occur as a result of the infringement or
1
the admission of the evidence.
2
(2) Where, in proceedings against a person for a criminal offence, the
3
court is satisfied that a right or freedom of that person set out in the
4
Charter has been infringed, the court may, subject to subsection (1),
5
make such order as it considers appropriate and just in all the
6
circumstances to ensure that the administration of justice is not
7
brought into disrepute by reason of that infringement.
8
(3) In this section, proceedings means proceedings under a law of the
9
Commonwealth or of a State or a Territory.
10
11
Parliamentary Charter of Rights and Freedoms Part 2
Section 12
Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 9
1
Part 2--Parliamentary Charter of Rights and
2
Freedoms
3
12 Parliamentary Charter of Rights and Freedoms
4
The Parliamentary Charter of Rights and Freedoms is set out in
5
Schedule 1 which has effect according to its terms.
6
7
Part 3 Functions of Human Rights and Equal Opportunity Commission
Section 13
10 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001
Part 3--Functions of Human Rights and Equal
1
Opportunity Commission
2
13 Functions of Human Rights and Equal Opportunity Commission
3
(1) In addition to the functions of the Commission under the Human
4
Rights and Equal Opportunity Commission Act 1986, the
5
Commission has the following functions:
6
(a) to inquire into any act or practice that may infringe a right or
7
freedom set out in the Charter, and:
8
(i) where the Commission considers it appropriate to do
9
so--to endeavour, by conciliation, to effect a settlement
10
of the matters that gave rise to the inquiry; and
11
(ii) where the Commission is of the opinion that the act or
12
practice infringes a right or freedom set out in the
13
Charter, and the Commission has not considered it
14
appropriate to endeavour to effect a settlement of the
15
matters that gave rise to the inquiry or has endeavoured
16
without success to effect such a settlement--to report
17
to the Minister in relation to the inquiry; and
18
(b) to promote an understanding and acceptance in Australia of
19
the rights and freedoms set out in the Charter and of the
20
objects of this Act, and to promote the protection of those
21
rights and freedoms in Australia; and
22
(c) to undertake research and educational programs, and other
23
programs, on behalf of the Commonwealth for the purpose of
24
promoting the rights and freedoms set out in the Charter and
25
the objects of this Act; and
26
(d) to examine laws and, when requested by the Minister,
27
proposed laws for the purpose of ascertaining whether the
28
laws or proposed laws are, or would be, in conflict with the
29
Charter, and to report to the Minister the results of any such
30
examination; and
31
Functions of Human Rights and Equal Opportunity Commission Part 3
Section 14
Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 11
(e) on its own initiative or when requested by the Minister, to
1
report to the Minister as to the laws that should be made by
2
the Parliament, or action that should be taken by the
3
Commonwealth, on matters relating to the rights and
4
freedoms set out in the Charter; and
5
(f) where the Commission considers it appropriate to do so, with
6
the leave of the court hearing the proceedings and subject to
7
any conditions imposed by the court, to intervene in
8
proceedings relating to a matter arising under this Act; and
9
(g) to do anything incidental or conducive to the performance of
10
any of the preceding functions.
11
14 Performance of functions of Commission in relation to Charter
12
(1) Subject to subsection (2), the powers and duties of the Commission
13
in relation to the Charter of Rights and Freedoms are the same as
14
those set out in Part 2, Division 3 of the Human Rights and Equal
15
Opportunity Commission Act 1986.
16
(2) Before commencing to inquire, under this Act, into an act or
17
practice, the Commission shall inform the person who appears to
18
the Commission to be the responsible Minister in relation to the act
19
or practice that the Commission proposes to inquire into the act or
20
practice.
21
15 Reporting to Parliament
22
(1) The Minister shall cause a copy of every report furnished to the
23
Minister by the Commission under paragraph 13(a), (d) or (e) to be
24
laid before each House of the Parliament within 15 sitting days of
25
that House after the report is received by the Minister.
26
(2) Where the Commission furnishes to the Minister under paragraph
27
13(a), (d) or (e) a report that relates to:
28
(a) a State or Territory law, or a proposed State or Territory law;
29
or
30
(b) an act done or practice engaged in:
31
Part 3 Functions of Human Rights and Equal Opportunity Commission
Section 15
12 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001
(i) by or on behalf of a State or Territory; or
1
(ii) by or on behalf of an authority of a State or a Territory;
2
the Minister shall immediately furnish a copy of the report to the
3
Attorney-General of that State or Territory.
4
(3) The Minister:
5
(a) shall not cause a copy of a report of the kind referred to in
6
subsection (2) to be laid before either House of the
7
Parliament until:
8
(i) the expiration of 30 days after a copy of the report was
9
furnished to the Attorney-General of the State or
10
Territory concerned under subsection (2); or
11
(ii) the Minister receives from the Attorney-General of the
12
State or Territory concerned a statement relating to the
13
law, act or practice to which the report related;
14
whichever happens first; and
15
(b) shall cause a copy of the report to be laid before each House
16
of the Parliament within 15 sitting days after the occurrence
17
of the earlier of the events referred to in subparagraphs (a)(i)
18
and (ii); and
19
(c) if the event referred to in subparagraph (a)(ii) is the first to
20
occur, or if, before the report is laid before either House of
21
the Parliament pursuant to paragraph (b), the Minister
22
receives from the Attorney-General concerned a statement
23
of the kind referred to in subparagraph (a)(ii)--shall cause a
24
copy of the statement to be attached to each copy of the
25
report that is laid before a House of the Parliament pursuant
26
to paragraph (b).
27
28
Miscellaneous Part 4
Section 16
Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 13
1
Part 4--Miscellaneous
2
16 Regulations
3
(1) The Governor-General may make regulations, not inconsistent with
4
this Act, prescribing matters:
5
(a) required or permitted by this Act to be prescribed; or
6
(b) necessary or convenient to be prescribed for carrying out or
7
giving effect to this Act.
8
Schedule 1 Parliamentary Charter of Rights and Freedoms
Division 1 General
14 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001
Schedule 1--Parliamentary Charter of Rights
1
and Freedoms
2
Division 1--General
3
Article 1
4
Entitlement to rights and freedoms without discrimination
5
(1) Every person is entitled to equality before the law and to the human
6
rights and fundamental freedoms set out in this Charter without
7
discrimination and, in particular, without discrimination based on
8
age, race, colour, sex, sexuality, transgender identity, language,
9
religion, political or other opinion, national or social origin, property,
10
birth, mental or physical disability or other status.
11
(2) Men and women have the equal right to the enjoyment of the
12
human rights and fundamental freedoms set out in this Charter.
13
Article 2
14
Effect of Charter on existing rights and freedoms
15
A right or freedom existing under, or recognised by, any other law
16
shall not be taken to have been diminished or derogated from by
17
reason only that the right or freedom is not set out in this Charter.
18
Article 3
19
Permissible limitations
20
(1) The rights and freedoms set out in this Charter are subject only to
21
such reasonable limitations prescribed by law as can be
22
demonstrably justified in a free and democratic society.
23
(2) A right or freedom set out in this Charter shall not be limited by any
24
law to any greater extent than is permitted by the Covenant.
25
Parliamentary Charter of Rights and Freedoms Schedule 1
Non-discrimination Division 2
Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 15
Division 2--Non-discrimination
1
Article 4
2
Equal protection of the law
3
(1) Every person has the right without any discrimination to the equal
4
protection of the law.
5
(2) Nothing in this Charter affects the operation of any earlier or later
6
law by reason only of the fact that the law discriminates in favour
7
of a class of persons for the purpose of redressing any disabilities
8
particularly suffered by that class or arising from discrimination
9
against that class.
10
Article 5
11
Rights of minority groups
12
Persons who belong to an ethnic, religious or linguistic minority
13
have the right, in community with other members of their own
14
group, to enjoy their own culture, to profess and practise their own
15
religion, or to use their own language.
16
Division 3--Fundamental political rights
17
Article 6
18
Right of participation in public life
19
Every Australian citizen has the right and shall have the
20
opportunity:
21
(a) to take part in the conduct of public affairs, directly or
22
through freely chosen representatives; and
23
(b) to vote and to be elected at genuine periodic elections, which
24
shall be by universal and equal suffrage and by secret ballot,
25
guaranteeing the free expression of the will of the electors;
26
and
27
Schedule 1 Parliamentary Charter of Rights and Freedoms
Division 3 Fundamental political rights
16 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001
(c) to have access on general terms of equality to public
1
employment.
2
Article 7
3
Freedom of expression
4
Every person has the right to freedom of expression, including the
5
freedom of the press and other media of communication, and the
6
freedom to seek, receive and impart ideas or information of any
7
kind in any form, without interference and regardless of frontiers.
8
Article 8
9
Freedom of thought and conscience
10
Every person has the right to freedom of thought and conscience,
11
including the right to hold opinions without interference.
12
Article 9
13
Freedom of religion or belief
14
(1) Every person has the right to have or adopt a religion or belief of
15
that person's choice without coercion of any kind, and to manifest
16
that religion or belief in worship, observance, practice and teaching,
17
whether individually or in community with others and whether in
18
public or in private.
19
(2) Every person has the right not to adopt a religion or belief and,
20
subject to Article 14(d), no person shall be compelled to participate
21
in worship or religious ceremony.
22
Article 10
23
Right of peaceful assembly
24
Every person has the right of peaceful assembly.
25
Parliamentary Charter of Rights and Freedoms Schedule 1
Privacy and family rights Division 4
Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 17
Article 11
1
Freedom of association
2
Every person has the right to freedom of association with others,
3
including the right to form and join trade unions for the protection of
4
that person's interests.
5
Division 4--Privacy and family rights
6
Article 12
7
Right to protection from arbitrary interference
8
Every person has the fundamental right to the protection from
9
arbitrary or unlawful interference with their dignity, their privacy,
10
the integrity of their person, their reputation and the security of their
11
residence and any other premises. This fundamental right exists
12
throughout Australia in all jurisdictions. For the purposes of giving
13
effect to this right, a search, entry or seizure is unlawful unless:
14
(a) made pursuant to a warrant issued by a judicial officer upon
15
reasonable grounds, supported by oath or affirmation,
16
particularly describing the purpose of the search, who or what
17
is to be searched and what is to be seized; or
18
(b)
made pursuant to a law authorising search, entry or seizure,
19
where search, entry or seizure so authorised is:
20
(i) necessary to protect life or public safety; or
21
(ii) justified by some compelling need for immediate action;
22
or
23
(c) full and free consent is given to the search or entry, provided
24
that the consent is ongoing and a warning was given as to the
25
consequences of the giving of consent; or
26
(d) made pursuant to a grant of power of search or entry to
27
determine whether a person has complied with legislation
28
which imposes a commercial levy in relation to a serious
29
matter, in circumstances where the legislation provides for
30
this in specific terms and there is no other reasonably
31
practicable means of assessing compliance; or
32
Schedule 1 Parliamentary Charter of Rights and Freedoms
Division 4 Privacy and family rights
18 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001
(e) made pursuant to a grant of power of entry and search to
1
determine whether a person has complied with legislation
2
under which that person has accepted a commercial benefit,
3
subject to being monitored by entry and search.
4
Article 13
5
Right to marry and to found a family
6
Recognising the importance of the family in its many forms:
7
(a) every person of marriageable age has the right to marry and
8
to found a family; and
9
(b) no marriage shall be entered into without the free and full
10
consent of the intending spouses.
11
Article 14
12
Rights of the child
13
Recognising that every child has the right to such measures of
14
protection as are required by the child's age:
15
(a) every child is entitled to the fundamental rights and freedoms
16
set out in this Charter to the greatest extent compatible with
17
the age of the individual child; and
18
(b) every child shall be registered immediately after birth and
19
shall have a name; and
20
(c) every child has the right to acquire a nationality; and
21
(d) the liberty of parents and legal guardians to ensure the
22
religious and moral education of their children in conformity
23
with their own convictions is to be respected.
24
Parliamentary Charter of Rights and Freedoms Schedule 1
Freedom of movement Division 5
Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 19
Division 5--Freedom of movement
1
Article 15
2
Rights of persons in Australia
3
(1) Every person lawfully in Australia has the right to freedom of
4
movement and choice of residence.
5
(2) A person who is lawfully in Australia but is not an Australian
6
citizen shall not be required to leave Australia except on such
7
grounds and in accordance with such procedures as are established
8
by law.
9
Article 16
10
Right to enter Australia
11
Every Australian citizen has the right to enter Australia.
12
Article 17
13
Right to leave Australia
14
Every person has the right to leave Australia.
15
Division 6--Life, liberty and criminal process
16
Article 18
17
Right to life
18
Every human being has the inherent right to life and no person shall
19
be arbitrarily deprived of life.
20
Schedule 1 Parliamentary Charter of Rights and Freedoms
Division 6 Life, liberty and criminal process
20 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001
Article 19
1
Liberty and security of person
2
(1) Every person has the right to liberty and security of person.
3
(2) No law shall authorise the arbitrary arrest, detention or
4
imprisonment of any person.
5
(3) No person shall be deprived of liberty except on such grounds, and
6
in accordance with such procedures, as are established by law.
7
(4) No person shall be imprisoned merely on the ground of inability to
8
fulfil a contractual obligation.
9
Article 20
10
Slavery and forced labour
11
No person shall be held in slavery or servitude or be required to
12
perform forced or compulsory labour.
13
Article 21
14
Right to be informed of reasons for arrest or detention and of charges
15
Any person who is arrested or detained shall be informed at the
16
time of the arrest or detention of the reasons for it, and shall be
17
informed promptly and in detail of any charges in a language which
18
that person understands.
19
Article 22
20
Right to remain silent and to have access to lawyer
21
Any person detained in custody has the right to remain silent and
22
the right to have access to a lawyer before and during questioning.
23
Parliamentary Charter of Rights and Freedoms Schedule 1
Life, liberty and criminal process Division 6
Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 21
Article 23
1
Hearings, release and trial
2
(1) Any person arrested or detained on a criminal charge shall be
3
brought promptly before a judge, magistrate or justice of the peace.
4
(2) No person awaiting trial shall be unreasonably deprived of the right
5
to release on giving a guarantee to appear for trial.
6
(3) Any person arrested or detained on a criminal charge has the right
7
to be tried within a reasonable time.
8
Article 24
9
Right to test lawfulness of detention
10
Any person deprived of liberty has the right to take proceedings
11
before a court for the determination of the lawfulness of the
12
detention and to be released if the court finds that the detention is
13
not lawful.
14
Article 25
15
Presumption of innocence
16
Any person charged with a criminal offence shall be presumed
17
innocent until proved guilty according to law.
18
Article 26
19
Right to fair hearing
20
In the determination of any criminal charge, or of any rights or
21
obligations in a suit at law, every person has the right to a fair and
22
public hearing by a competent, independent and impartial tribunal.
23
Schedule 1 Parliamentary Charter of Rights and Freedoms
Division 6 Life, liberty and criminal process
22 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001
Article 27
1
Rights of the accused relating to trial
2
Every person who is charged with a criminal offence has the right:
3
(a) to be informed of the right to obtain legal assistance; and
4
(b) to communicate with a lawyer; and
5
(c) to receive legal assistance without cost if the interests of
6
justice so require and the person lacks sufficient means to
7
pay for the assistance; and
8
(d) to have adequate time and facilities to prepare a defence; and
9
(e) to be present at any trial relating to the offence and to present
10
a defence; and
11
(f) to examine the witnesses against the person; and
12
(g) to obtain the attendance of, and to examine, witnesses for the
13
person; and
14
(h) to have the free assistance of an interpreter if the person
15
cannot understand or speak the language used in court; and
16
(i) not to be compelled to testify or confess guilt; and
17
(j) in the case of a child, to be dealt with in a manner which
18
takes account of the child's age.
19
Article 28
20
No retrospective criminal offences or penalties
21
(1) No person shall be convicted of any criminal offence on account of
22
any act or omission which did not constitute a criminal offence at
23
the time when it occurred.
24
(2) No person convicted of any criminal offence shall be liable to a
25
heavier penalty than was applicable at the time the offence was
26
committed.
27
Parliamentary Charter of Rights and Freedoms Schedule 1
Life, liberty and criminal process Division 6
Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 23
Article 29
1
Right of review of conviction and sentence
2
Every person convicted of a criminal offence has the right to have
3
the conviction or sentence reviewed by a higher tribunal according
4
to law.
5
Article 30
6
No trial or punishment for same offence
7
No person finally convicted or acquitted of a criminal offence shall
8
be tried or punished again for the same offence or for substantially
9
the same offence arising out of the same facts.
10
Article 31
11
Rights when deprived of liberty
12
(1) Every person deprived of liberty has the right to be treated with
13
humanity and with respect for the inherent dignity of the human
14
person.
15
(2) So far as is practicable:
16
17
(a) accused persons shall be segregated from convicted persons,
18
and shall be treated in a manner appropriate to their status as
19
unconvicted persons; and
20
(b) accused children shall be segregated from accused adults;
21
and
22
(c) convicted children shall be segregated from convicted adults,
23
and shall be treated in a manner appropriate to their age and
24
legal status.
25
Schedule 1 Parliamentary Charter of Rights and Freedoms
Division 6 Life, liberty and criminal process
24 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001
Article 32
1
No torture or inhuman treatment and no experimentation without
2
consent
3
4
(1) No person shall be subjected to torture or to cruel, inhuman or
5
degrading treatment or punishment.
6
(2) No person shall be subjected to medical or scientific
7
experimentation without that person's free consent.
8
Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 1
1