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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Bill of Rights Bill 2019
No. , 2019
(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. , 2019
Australian Bill of Rights Bill 2019
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 .............................................. 11
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 the Commission ...................... 15
14
Performance of the 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 the Federal Court and Federal Circuit Court ............ 19
18
Regulations ...................................................................................... 19
Part 5--Declaration of Rights
20
19
Australian Bill of Rights .................................................................. 20
No. , 2019
Australian Bill of Rights Bill 2019
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 2019.
8
Part 1 Preliminary
Section 2
2
Australian Bill of Rights Bill 2019
No. , 2019
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; and
26
(iv) the Convention against Torture and Other Cruel,
27
Inhumane or Degrading Treatment or Punishment done
28
at New York on 10 December 1984;
29
Preliminary Part 1
Section 4
No. , 2019
Australian Bill of Rights Bill 2019
3
being guided by:
1
(v) the Declaration on the Rights of Mentally Retarded
2
Persons; and
3
(vi) the Declaration on the Rights of Disabled Persons; and
4
(vii) the Declaration on the Elimination of All Forms of
5
Intolerance and of Discrimination based on Religion or
6
Belief; and
7
(c) to ensure that any person whose rights or freedoms as set out
8
in the Australian Bill of Rights are infringed by or under any
9
law in relation to which that Bill of Rights operates has an
10
effective remedy; and
11
(d) to promote, enhance and secure, as paramount objectives, the
12
freedom and dignity of the human person, equality of
13
opportunity for all persons and full and free participation by
14
all Australians in public affairs and public debate.
15
Note 1:
The International Covenant on Civil and Political Rights is in
16
Australian Treaty Series 1980 No. 23 ([1980] ATS 23) and could in
17
2019 be viewed in the Australian Treaties Library on the AustLII
18
website (http://www.austlii.edu.au).
19
Note 2:
The International Covenant on Economic, Social and Cultural Rights
20
is in Australian Treaty Series 1976 No. 5 ([1976] ATS 5) and could in
21
2019 be viewed in the Australian Treaties Library on the AustLII
22
website (http://www.austlii.edu.au).
23
Note 3:
The Convention on the Rights of the Child is in Australian Treaty
24
Series 1991 No. 4 ([1991] ATS 4) and could in 2019 be viewed in the
25
Australian Treaties Library on the AustLII website
26
(http://www.austlii.edu.au).
27
Note 4:
The Convention against Torture and Other Cruel, Inhumane or
28
Degrading Treatment or Punishment is in Australian Treaty Series
29
1989 No. 21 ([1989] ATS 21) and could in 2019 be viewed in the
30
Australian Treaties Library on the AustLII website
31
(http://www.austlii.edu.au).
32
4 Definitions
33
(1) In this Act:
34
act means an act done:
35
(a) by or on behalf of the Commonwealth, a State or a Territory;
36
or
37
Part 1 Preliminary
Section 4
4
Australian Bill of Rights Bill 2019
No. , 2019
(b) by or on behalf of an authority of the Commonwealth, of a
1
State or of a Territory;
2
being an act done:
3
(c) in relation to an Australian citizen--within or outside
4
Australia; or
5
(d) in any other case--within Australia.
6
Australia, when used in a geographical sense, includes the external
7
Territories.
8
Australian Capital Territory enactment means an enactment of the
9
Australian Capital Territory, within the meaning of the Australian
10
Capital Territory (Self-Government) Act 1988, or an instrument
11
made under such an enactment.
12
authority means:
13
(a) in relation to the Commonwealth:
14
(i) a body (whether incorporated or unincorporated)
15
established for a purpose of the Commonwealth by or
16
under a Commonwealth enactment; or
17
(ii) an incorporated company over which the
18
Commonwealth is in a position to exercise control; or
19
(iii) a person holding or performing the duties of an office or
20
appointment established or made under a
21
Commonwealth enactment or by the Governor-General
22
or a Minister of State of the Commonwealth (not being
23
an office or appointment referred to in subparagraph (c)
24
(iii)); or
25
(iv) a body, or a person holding or performing the duties of
26
an office or appointment, that is declared by the
27
regulations to be an authority of the Commonwealth for
28
the purposes of this Act; or
29
(b) in relation to a State:
30
(i) a body (whether incorporated or unincorporated)
31
established for a purpose of the State by or under an
32
enactment of the State; or
33
(ii) an incorporated company over which the State is in a
34
position to exercise control; or
35
Preliminary Part 1
Section 4
No. , 2019
Australian Bill of Rights Bill 2019
5
(iii) a person holding or performing the duties of an office or
1
appointment established or made under an enactment, or
2
by the Governor or a Minister, of the State; or
3
(iv) a local government body in the State; or
4
(v) a body, or a person holding or performing the duties of
5
an office or appointment, that is declared by the
6
regulations to be an authority of the State for the
7
purposes of this Act; or
8
(c) in relation to a Territory:
9
(i) a body (whether incorporated or unincorporated)
10
established for a purpose of the Territory by or under a
11
Commonwealth enactment or an enactment of the
12
Territory; or
13
(ii) an incorporated company over which the Administration
14
of the Territory is in a position to exercise control; or
15
(iii) a person holding or performing the duties of an office or
16
appointment established or made under an enactment of
17
the Territory or by the Administrator of a Territory; or
18
(iv) a body, or a person holding or performing the duties of
19
an office or appointment, that is declared by the
20
regulations to be an authority of the Territory for the
21
purposes of this Act.
22
Bill of Rights means the Australian Bill of Rights set out in
23
section 19.
24
Commission means the Australian Human Rights Commission
25
established by the Australian Human Rights Commission Act 1986.
26
Commonwealth enactment means an Act or an instrument (other
27
than a Territory enactment) made under an Act, and includes any
28
other legislation or rule of the common law applied (otherwise than
29
by virtue of the Commonwealth Places (Application of Laws) Act
30
1970) as a law of the Commonwealth, to the extent that it operates
31
as such a law.
32
enactment means a Commonwealth enactment, a State enactment
33
or a Territory enactment.
34
infringe includes abrogate and abridge.
35
Part 1 Preliminary
Section 4
6
Australian Bill of Rights Bill 2019
No. , 2019
instrument includes a rule, regulation or by-law.
1
law means a law of the Commonwealth, a law of a Territory or a
2
law of a State.
3
law of a State means any law in force in a State, including a rule of
4
the common law but not including a law of the Commonwealth.
5
law of a Territory means any law in force in a Territory, including
6
a rule of the common law but not including a law of the
7
Commonwealth.
8
law of the Commonwealth means:
9
(a) a Commonwealth enactment; or
10
(b) any other law (other than a rule of the common law) in force
11
throughout Australia; or
12
(c) any rule of the common law as it has effect in relation to or
13
for the purposes of the operation of a Commonwealth
14
enactment or a law referred to in paragraph (b).
15
Minister means:
16
(a) in relation to a State--a Minister of the Crown of the State;
17
or
18
(b) in relation to the Australian Capital Territory and the
19
Northern Territory--a Minister of that Territory.
20
Northern Territory enactment means an enactment of the
21
Northern Territory within the meaning of the Northern Territory
22
(Self-Government) Act 1978 or an instrument made under such an
23
enactment.
24
Parliament, in relation to the Australian Capital Territory, means
25
the Legislative Assembly of the Australian Capital Territory, and
26
in relation to the Northern Territory, means the Legislative
27
Assembly of the Northern Territory.
28
person includes an individual or group of persons, depending on
29
the context.
30
practice means a practice engaged in:
31
Preliminary Part 1
Section 4
No. , 2019
Australian Bill of Rights Bill 2019
7
(a) by or on behalf of the Commonwealth, a State or a Territory;
1
or
2
(b) by or on behalf of an authority of the Commonwealth, of a
3
State or of a Territory;
4
being a practice engaged in:
5
(c) in relation to an Australian citizen--within or outside
6
Australia; or
7
(d) in any other case--within Australia.
8
President means the President of the Commission.
9
proposed enactment means:
10
(a) a proposed law introduced into the Parliament of the
11
Commonwealth or the legislature of a Territory; or
12
(b) a proposed law prepared on behalf of:
13
(i) the Government of the Commonwealth or the
14
Administration of a Territory; or
15
(ii) a Minister of State of the Commonwealth; or
16
(iii) a body established by law that has the function of
17
recommending proposed laws of the Commonwealth or
18
of a Territory; or
19
(c) a proposed State enactment; or
20
(d) an instrument proposed to be made under a Commonwealth
21
enactment or under a Territory enactment.
22
proposed State enactment means:
23
(a) a proposed law introduced into the Parliament of a State; or
24
(b) a proposed law prepared on behalf of:
25
(i) the Government of a State; or
26
(ii) a Minister of the State; or
27
(iii) a body established by law that has the function of
28
recommending proposed laws of a State; or
29
(c) an instrument proposed to be made under a State enactment.
30
responsible Minister means:
31
(a) in relation to a Commonwealth enactment, a Territory
32
enactment or a proposed enactment (other than a proposed
33
State enactment)--the Minister of State of the
34
Part 1 Preliminary
Section 4
8
Australian Bill of Rights Bill 2019
No. , 2019
Commonwealth responsible for the administration of the
1
matter to which the enactment or proposed enactment relates;
2
or
3
(b) in relation to a State enactment or a proposed State
4
enactment--the Minister of the State responsible for the
5
administration of the matter to which the enactment or
6
proposed enactment relates; or
7
(c) in relation to an act done or practice engaged in by or on
8
behalf of the Commonwealth or a Territory or by or on behalf
9
of an authority of the Commonwealth or of a Territory--the
10
Minister of State of the Commonwealth responsible for the
11
administration of the matter in connection with which the act
12
was done or the practice was engaged in; or
13
(d) in relation to an act done or practice engaged in by or on
14
behalf of a State or by or on behalf of an authority of a
15
State--the Minister of the State responsible for the
16
administration of the matter in connection with which the act
17
was done or the practice was engaged in.
18
State includes the Australian Capital Territory and the Northern
19
Territory.
20
State enactment means a State Act or an instrument made under a
21
State Act and includes an Australian Capital Territory enactment
22
and a Northern Territory enactment.
23
suit includes any action or original proceeding between parties.
24
Territory does not include the Australian Capital Territory or the
25
Northern Territory.
26
Territory Act means an Act passed by a legislature of a Territory
27
and duly assented to.
28
Territory enactment means:
29
(a) a Territory Act; or
30
(b) an Ordinance of a Territory; or
31
(c) an instrument made under such an Act or Ordinance; or
32
Preliminary Part 1
Section 4
No. , 2019
Australian Bill of Rights Bill 2019
9
(d) any other legislation or rule of the common law applied as a
1
law of a Territory, to the extent that it operates as such a law;
2
or
3
(e) an instrument made under legislation referred to in
4
paragraph (d).
5
(2) In this Act, a reference to the Governor of a State, in relation to the
6
Northern Territory, means a reference to the Administrator of the
7
Northern Territory.
8
(3) In this Act:
9
(a) a reference to, or to the doing of, an act includes a reference
10
to a refusal or failure to do an act; and
11
(b) a reference, in relation to the doing of an act or the engaging
12
in of a practice, to the person who did the act or engaged in
13
the practice will, in the case of an act done or practice
14
engaged in by an unincorporated body of persons, be read as
15
a reference to that body.
16
(4) Subject to subsection (5), a law will, for the purposes of this Act,
17
be taken to be inconsistent with the Bill of Rights if it:
18
(a) infringes, or authorises the infringement of, a right or
19
freedom set out in the Bill of Rights; or
20
(b) makes, or authorises the making of, a provision that
21
according to the Bill of Rights, is not to be made by any law.
22
(5) Where a law:
23
(a) promotes, enhances or secures a right or freedom set out in
24
the Bill of Rights, but infringes, or authorises the
25
infringement of, another right or freedom set out in the Bill
26
of Rights; or
27
(b) promotes, enhances or secures for a person a right or freedom
28
set out in the Bill of Rights, but, in relation to another person,
29
infringes, or authorises the infringement of, a right or
30
freedom set out in the Bill of Rights;
31
it is the intention of the Parliament that the law will not be
32
determined to be inconsistent with the Bill of Rights unless such a
33
determination would further the objects of this Act, and in
34
particular the paramount objectives referred to in paragraph 3(d), to
35
Part 1 Preliminary
Section 5
10
Australian Bill of Rights Bill 2019
No. , 2019
a greater extent than a determination that the law is not inconsistent
1
with the Bill of Rights.
2
(6) A reference in this Act to a right or freedom set out in the Bill of
3
Rights is a reference to such a right or freedom limited only as
4
permitted by Article 3 of the Bill of Rights.
5
(7) A reference in this Act to the date on which an enactment other
6
than this Act came into force will, in the case of an enactment
7
different provisions of which came into force on different dates, be
8
read as a reference to the date on which the provision concerned
9
came into force.
10
(8) For the purposes of this Act, an Act will be taken to have been
11
enacted at the time when it receives the Royal Assent.
12
(9) A reference in this Act to prejudice to the security, defence or
13
international relations of Australia includes a reference to any such
14
prejudice that might result from the divulging of information or
15
matters communicated in confidence by or on behalf of the
16
government of a foreign country, an authority of a government of a
17
foreign country or an international organisation to the Government
18
of the Commonwealth, to an authority of the Commonwealth or to
19
a person receiving the communication on behalf of the
20
Commonwealth or of an authority of the Commonwealth.
21
5 Interpretation of Bill of Rights
22
(1) For the purposes of the interpretation of the Bill of Rights, each
23
Article of the Bill of Rights is taken to be a section of this Act.
24
(2) Except as expressly provided in this Act, the Bill of Rights may not
25
be interpreted so as to limit or adversely affect the rights of any
26
person.
27
(3) The Bill of Rights may not be interpreted so as to adversely affect
28
the rights particular to Aboriginal and Torres Strait Islander people.
29
6 Extension to external Territories
30
The Act extends to every external Territory.
31
Preliminary Part 1
Section 7
No. , 2019
Australian Bill of Rights Bill 2019
11
7 Extent to which Act binds the Crown
1
(1) This Act binds the Crown in each of its capacities.
2
(2) This Act does not make the Crown liable to be prosecuted for an
3
offence.
4
8 Act not to apply so as to exceed Commonwealth power
5
(1) Unless the contrary intention appears, if a provision of this Act:
6
(a) would, apart from this section, have an application (an
7
invalid application) in relation to:
8
(i) one or more particular persons, things, matters, places,
9
circumstances or cases; or
10
(ii) one or more classes (however defined or determined) of
11
persons, things, matters, places, circumstances or cases;
12
because of which the provision exceeds the Commonwealth's
13
legislative power; and
14
(b) also has at least one application (a valid application) in
15
relation to:
16
(i) one or more particular persons, things, matters, places,
17
circumstances or cases; or
18
(ii) one or more classes (however defined or determined) of
19
persons, things, matters, places, circumstances or cases;
20
that, if it were the provision's only application, would be
21
within the Commonwealth's legislative power;
22
it is the Parliament's intention that the provision is not to have the
23
invalid application, but is to have every valid application.
24
(2) Despite subsection (1), the provision is not to have a particular
25
valid application if:
26
(a) apart from this section, it is clear, taking into account the
27
provision's context and the purpose or object underlying this
28
Act, that the provision was intended to have that valid
29
application only if every invalid application, or a particular
30
invalid application, of the provision had also been within the
31
Commonwealth's legislative power; or
32
(b) the provision's operation in relation to that valid application
33
would be different in a substantial respect from what would
34
Part 1 Preliminary
Section 9
12
Australian Bill of Rights Bill 2019
No. , 2019
have been its operation in relation to that valid application if
1
every invalid application of the provision had been within the
2
Commonwealth's legislative power.
3
(3) Subsection (2) does not limit the cases where a contrary intention
4
may be taken to appear for the purposes of subsection (1).
5
(4) This section applies to a provision of this Act, whether enacted
6
before, at or after the commencement of this section.
7
9 Acquisition of property
8
This Act, or any instrument made under this Act, does not apply to
9
the extent (if any) that the operation of this Act or the instrument
10
would result in an acquisition of property (within the meaning of
11
paragraph 51(xxxi) of the Constitution) from a person otherwise
12
than on just terms (within the meaning of that paragraph).
13
Operation of Bill of Rights Part 2
Section 10
No. , 2019
Australian Bill of Rights Bill 2019
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 2019
No. , 2019
(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. , 2019
Australian Bill of Rights Bill 2019
15
Part 3--Functions of the Australian Human Rights
1
Commission
2
3
13 Additional powers and functions of the 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 2019
No. , 2019
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 the 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. , 2019
Australian Bill of Rights Bill 2019
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 2019
No. , 2019
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. , 2019
Australian Bill of Rights Bill 2019
19
Part 4--Miscellaneous
1
2
17 Jurisdiction of the 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 2019
No. , 2019
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
Article 3
22
Permissible limitations
23
(1) The rights and freedoms set out in this Bill of Rights are subject
24
only to such reasonable limitations prescribed by law as can be
25
Declaration of Rights Part 5
Section 19
No. , 2019
Australian Bill of Rights Bill 2019
21
demonstrably justified in a free and democratic society and are
1
necessary to protect the fundamental rights and freedoms of others.
2
(2) A right or freedom set out in this Bill of Rights may not be limited
3
by any law to any greater extent than is permitted by the
4
International Covenant on Civil and Political Rights and the
5
International Covenant on Economic, Social and Cultural Rights.
6
Division 2--Fundamental freedoms
7
Article 4
8
Freedom of expression
9
(1) Every person has the right to freedom of expression, including the
10
freedom of the press and other media of communication, and the
11
freedom to seek, receive and impart ideas or information of any
12
kind in any form, without interference and regardless of frontiers.
13
(2) A law may not authorise a person or group to express information
14
that advocates national, racial or religious hatred and incites
15
discrimination, hostility or violence.
16
Article 5
17
Freedom of thought and conscience
18
Every person has the right to freedom of thought and conscience,
19
including the right to hold opinions without interference.
20
Article 6
21
Freedom to have or adopt a religion or belief
22
Every person has the right to have or adopt a religion or belief of
23
that person's choice without coercion of any kind, and to manifest
24
that religion or belief in worship, observance, practice and
25
teaching, whether individually or in community with others and
26
whether in public or in private.
27
Part 5 Declaration of Rights
Section 19
22
Australian Bill of Rights Bill 2019
No. , 2019
Article 7
1
Right of peaceful assembly
2
Every person has the right of peaceful assembly.
3
Article 8
4
Freedom of association
5
Every person has the right to freedom of association with others,
6
including the right to form and join trade unions for the protection
7
of that person's interests.
8
Division 3--Equality rights
9
Article 9
10
Equal protection of the law
11
(1) Every person has the right without any discrimination to the equal
12
protection of the law.
13
(2) Nothing in this Bill of Rights affects the operation of any earlier or
14
later law by reason only of the fact that the law discriminates in
15
favour of a class of persons for the purpose of redressing any
16
disabilities particularly suffered by that class or arising from
17
discrimination against that class.
18
Article 10
19
Rights of Indigenous peoples
20
Aboriginal and Torres Strait Islander people have the following
21
individual and collective rights and responsibilities:
22
(a) the right to revive, maintain and develop their ethnic and
23
cultural characteristics and identities, including:
24
(i) their religion and spiritual development; and
25
(ii) their language and educational institutions;
26
Declaration of Rights Part 5
Section 19
No. , 2019
Australian Bill of Rights Bill 2019
23
(b) the right to claim native title for Indigenous lands and natural
1
resources based on the recognition of their prior ownership;
2
(c) the right to manage their own affairs to the greatest possible
3
extent while enjoying all the rights that other Australian
4
citizens have in the political, economic, social and cultural
5
life of Australia;
6
(d) the right to obtain reasonable financial and technical
7
assistance from the Government to pursue their political,
8
economic, social and cultural development in a spirit of
9
co-existence with other Australian citizens and in conditions
10
of freedom and dignity;
11
(e) the responsibility to respect their laws and customs and to
12
promote Indigenous culture.
13
Article 11
14
Rights of minority groups
15
Persons who belong to an ethnic, religious or linguistic minority
16
have the right, in community with other members of their own
17
group, to enjoy their own culture, to profess and practise their own
18
religion, or to use their own language.
19
Division 4--Civil and democratic rights
20
Article 12
21
Right to life
22
(1) From birth, every human being has the inherent right to life and no
23
person may be arbitrarily deprived of life.
24
(2) Every person has the right to bodily and psychological integrity.
25
(3) Every person has the right to end his or her life.
26
Part 5 Declaration of Rights
Section 19
24
Australian Bill of Rights Bill 2019
No. , 2019
Article 13
1
Liberty and security of person
2
(1) Every person has the right to liberty and security of person.
3
(2) No law may authorise the arbitrary arrest, detention or
4
imprisonment of any person.
5
(3) No person may be deprived of liberty except on such grounds, and
6
in accordance with such procedures, as are established by law.
7
(4) No person may be imprisoned merely on the ground of inability to
8
fulfil a contractual obligation.
9
Article 14
10
No torture or inhuman treatment and no experimentation without
11
consent
12
(1) No person may be subjected to torture or to cruel, inhuman or
13
degrading treatment or punishment.
14
(2) No person may be subjected to medical or scientific
15
experimentation without that person's free consent.
16
(3) Every person has the right to refuse any medical treatment for
17
themselves.
18
Article 15
19
Slavery and servitude
20
No person may be held in slavery or servitude or be required to
21
perform forced or compulsory labour.
22
Declaration of Rights Part 5
Section 19
No. , 2019
Australian Bill of Rights Bill 2019
25
Article 16
1
Right of participation in public life
2
Every Australian citizen has the right and will have the
3
opportunity:
4
(a) to take part in the conduct of public affairs, directly or
5
through freely chosen representatives; and
6
(b) to vote and to be elected at genuine periodic elections, which
7
will be by universal and equal suffrage and by secret ballot,
8
guaranteeing the free expression of the will of the electors;
9
and
10
(c) to have access on general terms of equality to public
11
employment.
12
Article 17
13
Right to marry and to found a family
14
Recognising that the family is the natural and fundamental group
15
unit of society and is entitled to protection by society and the
16
Commonwealth or State Government:
17
(a) every person of marriageable age has the right to marry and
18
to found a family; and
19
(b) no marriage may be entered into without the free and full
20
consent of the intending spouses.
21
Article 18
22
Rights of the child
23
Recognising that every child has the right to such measures of
24
protection as are required by the child's age:
25
(a) every child has the fundamental rights and freedoms set out
26
in this Bill of Rights to the greatest extent compatible with
27
the age of the individual child; and
28
(b) every child will be registered immediately after birth and will
29
have a name; and
30
Part 5 Declaration of Rights
Section 19
26
Australian Bill of Rights Bill 2019
No. , 2019
(c) every child has the right to acquire a nationality; and
1
(d) every child will be protected from economic and social
2
exploitation. Their employment under set age limits, or in
3
work harmful to their morals or health, dangerous to life or
4
likely to hamper their normal development should be
5
prohibited and punishable by law.
6
Article 19
7
Rights of movement within Australia
8
(1) Every person lawfully in Australia has the right to freedom of
9
movement and choice of residence.
10
(2) A person who is lawfully in Australia but is not an Australian
11
citizen may not be required to leave Australia except on such
12
grounds and in accordance with such procedures as are established
13
by law.
14
Article 20
15
Right to enter Australia
16
(1) Every Australian citizen has the right to enter Australia.
17
(2) A law may restrict a citizen's right to enter if that person is under
18
legal investigation or sentence in another country.
19
Article 21
20
Right to leave Australia
21
(1) Every person has the right to leave Australia.
22
(2) A law may restrict a person's right to leave if that person is under
23
legal investigation or sentence in Australia.
24
Division 5--Economic and social rights
25
Declaration of Rights Part 5
Section 19
No. , 2019
Australian Bill of Rights Bill 2019
27
Article 22
1
Property
2
(1) Every natural or legal person has the right to peacefully enjoy the
3
person's possessions. No person may be deprived of the person's
4
possessions except in the public interest and subject to the
5
conditions provided for by law and by the general principles of
6
international law.
7
(2) This right does not impair the right of the Commonwealth or State
8
Government to enforce laws it considers necessary to control the
9
use of property in accordance with the general interest or to secure
10
the payment of taxes or other contributions or penalties.
11
Article 23
12
Standard of living
13
(1) Every person has the right to an adequate standard of living,
14
including:
15
(a) sufficient food and water; and
16
(b) clothing and housing; and
17
(c) access to health care services; and
18
(d) access to social security, including if they are unable to
19
support themselves and their dependants, appropriate social
20
assistance.
21
(2) No one may be refused emergency medical treatment.
22
(3) The Commonwealth or State Government will take reasonable
23
legislative and other measures to provide for the progressive
24
realisation of each of these rights.
25
Part 5 Declaration of Rights
Section 19
28
Australian Bill of Rights Bill 2019
No. , 2019
Article 24
1
Right to live in a safe society
2
Every person has the individual and collective right to live in a safe
3
society and the collective and individual responsibility to act in a
4
peaceful and non violent way.
5
Article 25
6
Right to adequate child care
7
A parent or other person responsible for the care of a child has the
8
right of reasonable access to adequate child care facilities and the
9
responsibility to ensure that the child is properly cared for.
10
Article 26
11
Right to education
12
No person may be denied the right to education. In the exercise of
13
any functions which it assumes in relation to education and to
14
teaching, the Commonwealth or State Government will respect the
15
right of parents to ensure such education and teaching in
16
conformity with their own religious and philosophical convictions.
17
Article 27
18
Work
19
(1) Every person has the right to work including the right to the
20
opportunity to gain reasonable payment for work the person freely
21
chooses or accepts.
22
(2) Every person has the right to just and favourable conditions of
23
work including:
24
(a) fair and reasonable payment for work so as to provide a
25
decent living as a minimum; and
26
(b) safe and healthy working conditions; and
27
Declaration of Rights Part 5
Section 19
No. , 2019
Australian Bill of Rights Bill 2019
29
(c) rest, leisure and reasonable limitation of working hours and
1
periodic and public holidays with pay.
2
Article 28
3
Individual and collective development
4
Every person has the right to participate in and contribute to
5
individual and collective economic, social and cultural
6
development including:
7
(a) taking part in cultural life; and
8
(b) enjoying the benefits of scientific progress and its
9
applications; and
10
(c) benefiting from the protection of the moral and material
11
interests resulting from any scientific, literary or artistic
12
production of which the person is the author.
13
Article 29
14
Environment
15
(1) Every person has the right to an environment that is not harmful to
16
their health or well-being.
17
(2) The Commonwealth or State Government will take appropriate
18
steps to protect the environment for the benefit of present and
19
future generations, through reasonable legislative and other
20
measures that:
21
(a) prevent pollution and ecological degradation; and
22
(b) promote conservation; and
23
(c) secure ecologically sustainable development and use of
24
natural resources while promoting justifiable economic and
25
social development.
26
Division 6--Legal rights
27
Part 5 Declaration of Rights
Section 19
30
Australian Bill of Rights Bill 2019
No. , 2019
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. , 2019
Australian Bill of Rights Bill 2019
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) Everyone has the right to liberty and security of person. No one
9
will be subjected to arbitrary arrest or detention.
10
(2) Any person detained or arrested on a criminal charge will be
11
brought promptly before a judge, magistrate or justice of the peace.
12
(3) No person awaiting trial may be unreasonably deprived of the right
13
to release on giving a guarantee to appear for trial.
14
(4) Any person detained or arrested on a criminal charge has the right
15
to be tried within a reasonable time.
16
Article 36
17
Right to test lawfulness of detention
18
Any person deprived of liberty has the right to take proceedings
19
before a court for the determination of the lawfulness of the
20
detention and to be released if the court finds that the detention is
21
not lawful.
22
Article 37
23
Presumption of innocence
24
Any person charged with a criminal offence is presumed innocent
25
until proved guilty according to law.
26
Part 5 Declaration of Rights
Section 19
32
Australian Bill of Rights Bill 2019
No. , 2019
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. , 2019
Australian Bill of Rights Bill 2019
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 2019
No. , 2019
(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