Australia’s history reflects an implacable concern about the inability of the common law to adequately protect fundamental rights and freedoms.

The ACT has now introduced Australia’s first Bill of Rights which came into force on 1 July 2004. For further information on the act and its evolution, see The ACT Human Rights Act: Australia’s first Bill of Rights resource page.

The 2001 NSW Bill of Rights Inquiry, 2003 ACT Bill o f Rights Inquiry and the 2005 Victorian Human Rights Consultation committee contribute to a long Australian political tradition of legislative attempts to entrench protection of basic rights and freedoms for all Australian citizens.

Contemporary public debate about a Charter of Human Rights continues in other jurisdictions. Most recently, the Victorian Government has indicated that it will consider models for introducing a Charter of Human Rights and Responsibilities.

Federal Attempts

The public and political discourse on the Charter of Human Rights issue began during the Constitutional Conventions in the 1890s. The Tasmanian Attorney-General, Andrew Inglis Clark, argued in favour of entrenching some basic individual rights in the constitution, saying that ‘the unrestricted use of the majority of the hour is at all times a contradiction of the rational rights of the individual’. Inglis proposed a due process clause based on the XIV amendment to the United States Constitution. While Inglis’ success in achieving greater individual rights protection in the Constitution was limited, advocacy for a Bill of Rights has continued throughout Australian political history with numerous inquiries, a number unsuccessful bills and failed referenda attempts.

In 1944 a referendum was held that, among many things, proposed the insertion of constitutional guarantees of freedom of speech and religion, as well as safeguards against the abuse of delegated legislative power. The referendum and therefore the proposal to constitutionally entrench freedom of speech and religion failed.

In 1973, Commonwealth Attorney-General Lionel Murphy introduced the Human Rights Bill 1973 to implement the International Covenant on Civil and Political Rights that Australia had just signed. The Bill lapsed when the Governor-General dismissed the Whitlam Government in November 1975.

There was an attempt by Commonwealth Attorney-General Lionel Bowen in 1985 to introduce an Australian Human Rights Bill (along with an explanatory memorandum), but the Bill was later withdrawn.

In 1985, Prime Minister Bob Hawke announced the establishment of a Constitutional Commission to review the Constitution. The Commission produced its final report in 1988 and was assisted by an Advisory Committee on Individual and Democratic Rights under the Constitution. In 1987, a Report from that Advisory Committee recommended the insertion of several new rights in the Constitution, including rights to a speedy trial and a right to vote. The 1988 Constitution Alteration (Rights and Freedoms) Bill (explanatory memorandum available) was passed by Parliament but rejected at a referendum on 3 September 1988.

The 3 September 1988 referendum proposed: 4 year maximum terms for federal parliaments; to recognise of local government; guarantee of ‘one vote one value’; to extend the right to trial by jury, to extend freedom of religion; and to ensure fair terms for persons whose property is acquired by any government. All proposals were defeated. The Constitutional Commission’s final report recommended the insertion of a new chapter into the Constitution based on the Canadian Charter of Rights and Freedoms. This recommendation has not been implemented.

In 2000, attempts to improve rights protection in Australia continued with the Australian Democrats releasing the draft Australian Bill of Rights Bill 2000 and in the following year introducing into Parliament the Parliamentary Charter of Rights and Freedoms Bill 2001. In the same year, the Australian Bill of Rights Bill 2001 was introduced by Dr Andrew Theophanous MP, then an Independent but formally of the Australian Labor Party. These Bills sought to incorporate international instruments, including the International Covenant on Civil and Political Rights, into Australian law.

Bills of Rights in the States and Territories

Australian Capital Territory

On 22 October 2003, the ACT government announced that they would introduce a Bill of Rights in the form of a Human Rights Act. The 2003 ACT Bill of Rights Inquiry involved detailed community consultation including an ACT Deliberative poll where the Final Report illustrated an improvement in knowledge about politics and Bills of Rights, as well as improved comparative understanding of other jurisdictions with a Bill of Rights. There was a statistical increase among the ACT community members of those in favour of a Bill of Rights for the ACT.

The ACT introduced the first Human Rights Act in 2004. For further details, see the ACT Human Rights page.

New South Wales

In 2001, the NSW Parliament conducted a Bill of Rights Inquiry and published a report finding against a statutory Bill of Rights for NSW.

Read what the Premier of NSW, Bob Carr submitted to the Inquiry against a statutory Bill of Rights for NSW.

Discussion papers on a NSW Charter

NSW Law Society discussion paper – 2005.

NSW Parliamentary Research Service, ‘A NSW Charter of rights? The continuing debate’ 2006.

Summary of research paper

In April 2007, the NSW Charter of Human Rights Group was launched. The Charter Group is a coalition of individuals and organizations in support of a Charter or Human Rights in NSW.

The Charter Group has two main aims:

1. A widespread community consultation on how best to protect and promote human rights, including whether or not NSW should adopt a Charter of Human Rights, and if so what the Charter of Human Rights should include and how it should work.

2. Following the community consultation, the adoption of comprehensive human rights protection in NSW consistent with the outcomes of the consultation.

See the Charter Group’s website for more information and news

Victoria

In May 2004, the Victorian Attorney General published a Justice Statement: ‘New Directions for the Victorian Justice System 2004-2014’. Chapter 4 of the Statement deals with protecting human rights. It canvasses options for introducing some form of legislative Charter of Human Rights and Responsibilities, and sets out issues for community debate and consultation.

In 2006, Victoria enacted a Charter of Rights and Responsibilities. For further details, see Victoria’s Charter of Rights and Responsibilities page.

Queensland

In 1997, the Queensland Legislative Assembly Legal, Constitutional Administrative Review Committee examined the issue of ‘The Preservation and Enhancement of Individuals’ Rights and Freedoms in Qld: Should Qld Adopt a Bill of Rights?’

The Committee reported in 1998 and recommended against a Bill of Rights for Queensland. The issues paper of the report is available. An appendix of the final report contained a draft Bill of Rights Act recommended for Queensland by the Electoral and Administrative Review Commission in its ‘Report on Review of the Preservation and Enhancement of Individuals’ Rights and Freedoms’ (1993).

There has been recent media agitation for a Queensland Charter.

Northern Territory

The Northern Territory considered enacting a Bill of Rights as discussed in the 1996 Final report on a Draft constitution for the Northern Territory. There was no final agreement to include a Bill of Rights in the draft constitution.

The Northern Territory Statehood Steering Committee has just released a Discussion Paper, which includes a discussion of the inclusion of a bill of rights in a new constitution. A Charter has also been advocated in the Northern Territory media.

George Williams delivered a paper on a Bill of Rights for the Northern Territory at the 2007 Charles Darwin Symposia on Statehood and a Bill of Rights

Tasmania

Over the next three months, the Tasmanian Law Reform Institute is conducting a consultation to investigate whether human rights can be enhanced and better protected in Tasmania and, if so, how this could be done.

Read the Issues Paper.

Rights Australia’s comments on the issues paper.

Comment on the consultation process.

Western Australia

The Western Australian Attorney-General has announced the establishment of a consultation committee to examine how a WA Human Rights Act would operate, and what rights it should cover. The Committee will report back to the Attorney-General by 16 November.

For more information, see the website of the Committee, the community consultation paper, and the draft Human Rights Bill.

See comment on the WA Bill.

Australian Non-Governmental Organisations and Charter of Human Rights

In 2005, New Matilda, an online independent magazine and policy portal, launched its campaign to introduce a Bill of Rights for Australia. As part of this campaign, they commissioned a group of experts to draft a Bill of Rights Bill.

The draft Bill was presented to the Melbourne campaign launch in August 2006.

The campaign has two stages: an advocacy stage in which support for the idea of a Federal Charter is sought from the community and Members of Parliament, and the consultation stage in which feedback is sought on the draft Bill.

For details on the campaign see the New Matilda Human Rights website

The Justice Project is a non-government organization established in 2004. One of its aims is to facilitate the adoption of a Charter or Bill of Rights in as many States and Territories as possible, leading to a Federal Charter or Bill of Rights. The site contains information and news on Charters of Rights.