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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian Bill of Rights
Bill 2001
No. ,
2001
(Dr
Theophanous)
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
ISBN:
0642 468990
Contents
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
The Parliament of Australia enacts:
This Act may be cited as the Australian Bill of Rights Act
2001
This Act commences on the day on which it receives the Royal
Assent.
The objects of this Act are:
(a) to promote universal respect for, and observance of, human rights and
fundamental freedoms for all persons without discrimination;
(b) to that end, to enact an Australian Bill of Rights giving effect to
certain provisions of:
(i) the International Covenant on Civil and Political Rights;
(ii) the International Covenant on Economic, Social and Cultural Rights;
and
(iii) the Convention on the Rights of the Child;
being guided by:
(iv) the Declaration on the Rights of Mentally Retarded
Persons;
(v) the Declaration on the Rights of Disabled Persons; and
(vi) the Declaration on the Elimination of All Forms of Intolerance and
of Discrimination based on Religion or Belief;
(c) to ensure that any person whose rights or freedoms as set out in the
Australian Bill of Rights are infringed by or under any law in relation to which
that Bill of Rights operates has an effective remedy; and
(d) to promote, enhance and secure, as paramount objectives, the freedom
and dignity of the human person, equality of opportunity for all persons and
full and free participation by all Australians in public affairs and public
debate.
(1) In this Act, unless the contrary intention appears:
act means an act done:
(a) by or on behalf of the Commonwealth, a State or a Territory;
or
(b) by or on behalf of an authority of the Commonwealth, of a State or of
a Territory;
being an act done:
(c) in relation to an Australian citizen—within or outside
Australia; or
(d) in any other case—within Australia.
Australia includes the external Territories.
Australian Capital Territory enactment means an enactment of
the Australian Capital Territory, within the meaning of the Australian
Capital Territory (Self-Government) Act 1988, or an instrument made under
such an enactment.
authority means:
(a) in relation to the Commonwealth:
(i) a body (whether incorporated or unincorporated) established for a
purpose of the Commonwealth by or under a Commonwealth enactment;
(ii) an incorporated company over which the Commonwealth is in a position
to exercise control;
(iii) a person holding or performing the duties of an office or
appointment established or made under a Commonwealth enactment or by the
Governor-General or a Minister of State of the Commonwealth (not being an office
or appointment referred to in subparagraph (c) (iii));
(iv) a body, or a person holding or performing the duties of an office or
appointment, that is declared by the regulations to be an authority of the
Commonwealth for the purposes of this Act;
(b) in relation to a State:
(i) a body (whether incorporated or unincorporated) established for a
purpose of the State by or under an enactment of the State;
(ii) an incorporated company over which the State is in a position to
exercise control;
(iii) a person holding or performing the duties of an office or
appointment established or made under an enactment, or by the Governor or a
Minister, of the State;
(iv) a local government body in the State;
(v) a body, or a person holding or performing the duties of an office or
appointment, that is declared by the regulations to be an authority of the State
for the purposes of this Act; and
(c) in relation to a Territory:
(i) a body (whether incorporated or unincorporated) established for a
purpose of the Territory by or under a Commonwealth enactment or an enactment of
the Territory;
(ii) an incorporated company over which the Administration of the
Territory is in a position to exercise control;
(iii) a person holding or performing the duties of an office or
appointment established or made under an enactment of the Territory or by the
Administrator of a Territory; or
(iv) a body, or a person holding or performing the duties of an office or
appointment, that is declared by the regulations to be an authority of the
Territory for the purposes of this Act.
Bill of Rights means the Australian Bill of Rights set out in
section 17.
CCPR means the International Covenant on Civil and Political
Rights, a copy of the English text of which is set out in Schedule 2 of the
Human Rights and Equal Opportunity Commission Act 1986, as that covenant
applies in relation to Australia.
CESCR means the International Covenant on Economic, Social
and Cultural Rights, as that covenant applies in relation to
Australia.
CRC means the Convention on the Rights of the Child, as that
convention applies in relation to Australia.
Commission means the Human Rights and Equal
Opportunity Commission established by the Human Rights and Equal Opportunity
Commission Act 1986.
Commonwealth enactment means an Act or an instrument (other
than a Territory enactment) made under an Act, and includes any other
legislation or rule of the common law applied (otherwise than by virtue of the
Commonwealth Places (Application of Laws) Act 1970) as a law of the
Commonwealth, to the extent that it operates as such a law.
enactment means a Commonwealth enactment, a State enactment
or a Territory enactment.
infringe includes abrogate and abridge.
instrument includes a rule, regulation or by-law.
law means a law of the Commonwealth, a law of a Territory or
a law of a State.
law of a State means any law in force in a State, including a
rule of the common law but not including a law of the Commonwealth.
law of a Territory means any law in force in a Territory,
including a rule of the common law but not including a law of the
Commonwealth.
law of the Commonwealth means:
(a) a Commonwealth enactment;
(b) any other law (other than a rule of the common law) in force
throughout Australia; and
(c) any rule of the common law as it has effect in relation to or for the
purposes of the operation of a Commonwealth enactment or a law referred to in
paragraph (b).
Minister means:
(a) in relation to a State—a Minister of the Crown of the State;
and
(b) in relation to the Australian Capital Territory and the Northern
Territory—a Minister of that Territory.
Northern Territory enactment means an enactment of the
Northern Territory within the meaning of the Northern Territory
(Self-Government) Act 1978 or an instrument made under such an
enactment.
Parliament, in relation to the Australian Capital Territory,
means the Legislative Assembly of the Australian Capital Territory, and in
relation to the Northern Territory, means the Legislative Assembly of the
Northern Territory.
person includes an individual or group of persons, depending
on the context.
practice means a practice engaged in:
(a) by or on behalf of the Commonwealth, a State or a Territory;
(b) by or on behalf of an authority of the Commonwealth, of a State or of
a Territory;
being a practice engaged in:
(c) in relation to an Australian citizen—within or outside
Australia; or
(d) in any other case—within Australia.
President means the President of the Commission.
proposed enactment means:
(a) a proposed law introduced into the Parliament of the Commonwealth or
the legislature of a Territory;
(b) a proposed law prepared on behalf of:
(i) the Government of the Commonwealth or the Administration of a
Territory;
(ii) a Minister of State of the Commonwealth;
(iii) a body established by law that has the function of recommending
proposed laws of the Commonwealth or of a Territory;
(c) a proposed State enactment;
(d) an instrument proposed to be made under a Commonwealth enactment or
under a Territory enactment.
proposed State enactment means:
(a) a proposed law introduced into the Parliament of a State;
(b) a proposed law prepared on behalf of:
(i) the Government of a State;
(ii) a Minister of the State;
(iii) a body established by law that has the function of recommending
proposed laws of a State;
(c) an instrument proposed to be made under a State enactment.
responsible Minister means:
(a) in relation to a Commonwealth enactment, a Territory enactment or a
proposed enactment (other than a proposed State enactment)—the Minister of
State of the Commonwealth responsible for the administration of the matter to
which the enactment or proposed enactment relates;
(b) in relation to a State enactment or a proposed State
enactment—the Minister of the State responsible for the administration of
the matter to which the enactment or proposed enactment relates;
(c) in relation to an act done or practice engaged in by or on behalf of
the Commonwealth or a Territory or by or on behalf of an authority of the
Commonwealth or of a Territory—the Minister of State of the Commonwealth
responsible for the administration of the matter in connection with which the
act was done or the practice was engaged in; and
(d) in relation to an act done or practice engaged in by or on behalf of a
State or by or on behalf of an authority of a State—the Minister of the
State responsible for the administration of the matter in connection with which
the act was done or the practice was engaged in.
State includes the Australian Capital Territory and the
Northern Territory.
State enactment means a State Act or an instrument made under
a State Act and includes an Australian Capital Territory enactment and a
Northern Territory enactment.
suit includes any action or original proceeding between
parties.
Territory does not include the Australian Capital Territory
or the Northern Territory.
Territory Act means an Act passed by a legislature of a
Territory and duly assented to.
Territory enactment means:
(a) a Territory Act;
(b) an Ordinance of a Territory;
(c) an instrument made under such an Act or Ordinance;
(d) any other legislation or rule of the common law applied as a law of a
Territory, to the extent that it operates as such a law; and
(e) an instrument made under legislation referred to in paragraph
(d).
(2) In this Act, a reference to the Governor of a State, in relation to
the Northern Territory, means a reference to the Administrator of the Northern
Territory.
(3) In this Act:
(a) a reference to, or to the doing of, an act includes a reference to a
refusal or failure to do an act; and
(b) a reference, in relation to the doing of an act or the engaging in of a
practice, to the person who did the act or engaged in the practice will, in the
case of an act done or practice engaged in by an unincorporated body of persons,
be read as a reference to that body.
(4) Subject to subsection (5), a law will, for the purposes of this Act,
be taken to be inconsistent with the Bill of Rights if it:
(a) infringes, or authorises the infringement of, a right or freedom set
out in the Bill of Rights; or
(b) makes, or authorises the making of, a provision that according to the
Bill of Rights, is not to be made by any law.
(5) Where a law:
(a) promotes, enhances or secures a right or freedom set out in the Bill
of Rights, but infringes, or authorises the infringement of, another right or
freedom set out in the Bill of Rights;
(b) promotes, enhances or secures for a person a right or freedom set out
in the Bill of Rights, but, in relation to another person, infringes, or
authorises the infringement of, a right or freedom set out in the Bill of
Rights,
it is the intention of the Parliament that the law will not be determined
to be inconsistent with the Bill of Rights unless such a determination would
further the objects of this Act, and in particular the paramount objectives
referred to in paragraph 3(d), to a greater extent than a determination that the
law is not inconsistent with the Bill of Rights.
(6) A reference in this Act to a right or freedom set out in the Bill of
Rights is a reference to such a right or freedom limited only as permitted by
Article 3 of the Bill of Rights.
(7) A reference in this Act to the date on which an enactment other than
this Act came into force will, in the case of an enactment different provisions
of which came into force on different dates, be read as a reference to the date
on which the provision concerned came into force.
(8) For the purposes of this Act, an Act will be taken to have been
enacted at the time when it receives the Royal Assent.
(9) A reference in this Act to prejudice to the security, defence or
international relations of Australia includes a reference to any such prejudice
that might result from the divulging of information or matters communicated in
confidence by or on behalf of the government of a foreign country, an authority
of a government of a foreign country or an international organisation to the
Government of the Commonwealth, to an authority of the Commonwealth or to a
person receiving the communication on behalf of the Commonwealth or of an
authority of the Commonwealth.
(1) For the purposes of the interpretation of the Bill of Rights, each
Article of the Bill of Rights is taken to be a section of this Act.
(2) Except as expressly provided in this Act, the Bill of Rights may not
be interpreted so as to limit or adversely affect the rights of any
person.
(3) The Bill of Rights may not be interpreted so as to adversely affect
the rights particular to Aboriginal and Torres Strait Islander people.
The Act extends to every external Territory.
(1) The Act binds the Crown in right of the Commonwealth, of each of the
States, of the Australian Capital Territory, of the Northern Territory and of
Norfolk Island.
(2) This Act does not make the Crown liable to be prosecuted for an
offence.
(1) Subject to subsection (2), any law, whether passed or made before, on
or after the commencing day of this Act, that is inconsistent with this Act does
not, to the extent of the inconsistency, have any force or effect.
(2) Subsection (1) does not apply in relation to a Commonwealth, State or
Territory law if an Act expressly declares that law operates notwithstanding
this Act.
(3) A declaration made under subsection (2) ceases to have effect two
years after it comes into force or on such earlier date as may be specified in
the declaration.
(4) The Parliament of the Commonwealth, a State or a Territory may
re-enact a declaration made under subsection (2).
(5) Subsection (3) applies in respect of a re-enactment made under
subsection (4).
(1) Notwithstanding anything in any other law relating to the construction
or interpretation of legislation, in the interpretation of:
(a) a provision of a Commonwealth
enactment;
(b) a provision of a State enactment; or
(c) a provision of a Territory enactment,
a construction of the provision that would result in the enactment not
being inconsistent with the Bill of Rights, or that would further the objects of
this Act, will be preferred to any other construction.
(2) Without limiting the generality of subsection (1), in the
interpretation of;
(a) an Act that authorises the making of an instrument (including a
Territory enactment but not including an enactment of the Australian Capital
Territory or of the Northern Territory); or
(b) a Territory enactment that authorises the making of an
instrument,
a construction that would result in the Act or Territory enactment not
authorising the making of an instrument that would be inconsistent with the Bill
of Rights will be preferred to any other construction.
(1) Nothing in the Bill of Rights renders any individual liable to any
civil proceedings in respect of the doing of an act that infringes a right or
freedom set out in the Bill of Rights.
(2) Nothing in this Act renders any person liable to any criminal
proceedings in respect of the doing of an act that infringes a right or freedom
set out in the Bill of Rights.
In addition to the powers and functions of the Commission under the
Human Rights and Equal Opportunity Commission Act 1986, the Commission
has the following powers and functions:
(a) to inquire into any act or practice that may infringe a right or
freedom set out in the Bill of Rights, and
(i) where the Commission considers it appropriate to do so—to
endeavour, by conciliation, to effect a settlement of the matters that gave rise
to the inquiry; and
(ii) where the Commission is of the opinion that the act or practice
infringes a right or freedom set out in the Bill of Rights, and the Commission
has not considered it appropriate to endeavour to effect a settlement of the
matters that gave rise to the inquiry or has endeavoured without success to
effect such a settlement—to report to the Minister in relation to the
inquiry;
(b) to promote an understanding and acceptance in Australia of the rights
and freedoms set out in the Bill of Rights and of the objects of this Act, and
to promote the protection of those rights and freedoms in Australia;
(c) to undertake research and educational programs, and other programs, on
behalf of the Commonwealth for the purpose of promoting the rights and freedoms
set out in the Bill of Rights and the objects of this Act;
(d) to examine enactments and, when requested by the Minister, proposed
enactments for the purpose of ascertaining whether the enactments or proposed
enactments are, or would be, inconsistent with the Bill of Rights, and to report
to the Minister the results of any such examination;
(e) on its own initiative or when requested by the Minister, to report to
the Minister as to the enactments that should be made by the Parliament, or
action that should be taken by the Commonwealth, on matters relating to the
rights and freedoms set out in the Bill of Rights; and
(f) to do anything incidental or conducive to the performance of any of
the preceding functions.
(1) Subject to subsection (2), the powers and duties of the Commission set
out in Part II, Division 3 of the Human Rights and Equal Opportunity
Commission Act 1986 are extended to apply also to rights and freedoms set
out in the Bill of Rights.
(2) Before inquiring, under this Act, into an act or practice, the
Commission must tell the Minister responsible that the Commission proposes to
inquire into the act or practice.
(1) A written complaint may be lodged with the Commission, alleging that
an act or practice infringes a right or freedom set out in the Bill of
Rights.
(2) After a complaint is lodged with the Commission, a complainant, a
respondent, an affected person or the Commission may apply for an interim
injunction to the Federal Court or the Federal Magistrates Court. The Courts may
grant an interim injunction to maintain the status quo or maintain the rights of
any complainant, respondent or affected person.
(3) Except as provided by this Part, Part IIB of the Human Rights and
Equal Opportunity Commission Act 1986 applies in relation to a complaint
under subsection (1) to the extent necessary to enable the complaint to be dealt
with as applicable, through:
(a) conciliation by the President; and
(b) proceedings in the Federal Court and the Federal Magistrates
Court.
(4) For the purposes of subsection (2), reference to unlawful
discrimination in Part IIB of the Human Rights and Equal Opportunity
Commission Act 1986 is read as including an act or practice that infringes a
right or freedom set out in the Bill of Rights.
(1) The Minister must cause a copy of every report given to the Minister
by the Commission under paragraphs 11(a), (d) or (e) to be laid before each
House of the Parliament within 15 sitting days of that House after the report is
received by the Minister.
(2) Where the Commission gives to the Minister under paragraph 11(a), (d)
or (e) a report that relates to:
(a) a State enactment, or proposed State enactment; or
(b) an act done or practice engaged in:
(i) by or on behalf of a State; or
(ii) by or on behalf of an authority of a State;
the Minister must immediately give a copy of the report to the
Attorney-General of that State.
(3) The Minister:
(a) must not cause a copy of a report of the kind referred to in
subsection (2) to be laid before either House of the Parliament until:
(i) the expiration of 30 days after a copy of the report was given to the
Attorney-General of the State concerned under subsection (2); or
(ii) the Minister receives from the Attorney-General of the State
concerned a statement relating to the enactment, act or practice to which the
report related, whichever happens first;
(b) must cause a copy of the report to be laid before each House of the
Parliament within 15 sitting days after the happening of the first of the events
referred to in subparagraphs (a) (i) and (ii); and
(c) if the event referred to in subparagraph (a) (ii) is the first to
happen, or if, before the report is laid before either House of the Parliament
pursuant to paragraph (b), the Minister receives from the Attorney-General
concerned a statement of the kind referred to in subparagraph (a)
(ii)—must cause a copy of the statement to be attached to each copy of the
report that is laid before a House of the Parliament pursuant to paragraph
(b).
The Federal Court and the Federal Magistrates Court have concurrent
jurisdiction with respect to civil matters arising under Part 3.
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
The Australian Bill of Rights is as follows:
Division
1—Guarantee of rights and freedoms
Entitlement
to rights and freedoms without distinction
(1) Every person is entitled to equality before the law and to the human
rights and fundamental freedoms set out in this Bill of Rights irrespective of
distinctions such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth, mental or physical
disability or other status.
(2) Men and women have the equal right to the enjoyment of the human
rights and fundamental freedoms set out in this Bill of Rights.
Effect
of Bill of Rights on existing rights and freedoms
A right or freedom existing under, or recognised by, any other law may
not be taken to have been diminished or derogated from by reason only that the
right or freedom is not set out in this Bill of Rights.
(1) The rights and freedoms set out in this Bill of Rights are subject
only to such reasonable limitations prescribed by law as can be demonstrably
justified in a free and democratic society.
(2) A right or freedom set out in this Bill of Rights may not be limited
by any law to any greater extent than is permitted by the International Covenant
on Civil and Political Rights and the International Covenant on Economic, Social
and Cultural Rights.
Division
2—Fundamental freedoms
(1) Every person has the right to freedom of expression, including the
freedom of the press and other media of communication, and the freedom to seek,
receive and impart ideas or information of any kind in any form, without
interference and regardless of frontiers.
(2) A law may not authorise a person or group to express information that
advocates national, racial or religious hatred and incites discrimination,
hostility or violence.
Freedom
of thought and conscience
Every person has the right to freedom of thought and conscience,
including the right to hold opinions without interference.
Freedom
to have or adopt a religion or belief
Every person has the right to have or adopt a religion or belief of that
person’s choice without coercion of any kind, and to manifest that
religion or belief in worship, observance, practice and teaching, whether
individually or in community with others and whether in public or in
private.
Every person has the right of peaceful assembly.
Every person has the right to freedom of association with others,
including the right to form and join trade unions for the protection of that
person’s interests.
(1) Every person has the right without any discrimination to the equal
protection of the law.
(2) Nothing in this Bill of Rights affects the operation of any earlier or
later law by reason only of the fact that the law discriminates in favour of a
class of persons for the purpose of redressing any disabilities particularly
suffered by that class or arising from discrimination against that
class.
Aboriginal and Torres Strait Islander people have the following
individual and collective rights and responsibilities:
(a) the right to revive, maintain and develop their ethnic and cultural
characteristics and identities, including:
(i) their religion and spiritual development;
(ii) their language and educational institutions;
(b) the right to claim native title for indigenous lands and natural
resources based on the recognition of their prior ownership;
(c) the right to manage their own affairs to the greatest possible extent
while enjoying all the rights that other Australian citizens have in the
political, economic, social and cultural life of Australia;
(d) the right to obtain reasonable financial and technical assistance from
the Government to pursue their political, economic, social and cultural
development in a spirit of co-existence with other Australian citizens and in
conditions of freedom and dignity; and
(e) the responsibility to respect their laws and customs and to promote
indigenous culture.
Persons who belong to an ethnic, religious or linguistic minority have
the right, in community with other members of their own group, to enjoy their
own culture, to profess and practise their own religion, or to use their own
language.
Division
4—Civil and democratic rights
(1) Every human being has the inherent right to life and no person may be
arbitrarily deprived of life.
(2) Every person has the right to bodily and psychological
integrity.
Liberty
and security of person
(1) Every person has the right to liberty and security of
person.
(2) No law may authorise the arbitrary arrest, detention or imprisonment
of any person.
(3) No person may be deprived of liberty except on such grounds, and in
accordance with such procedures, as are established by law.
(4) No person may be imprisoned merely on the ground of inability to
fulfil a contractual obligation.
No
torture or inhuman treatment and no experimentation without
consent
(1) No person may be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.
(2) No person may be subjected to medical or scientific experimentation
without that person’s free consent.
(3) Every person has the right to refuse any medical treatment for
themselves.
No person may be held in slavery or servitude or be required to perform
forced or compulsory labour.
Right
of participation in public life
Every Australian citizen has the right and will have the
opportunity:
(a) to take part in the conduct of public affairs, directly or through
freely chosen representatives;
(b) to vote and to be elected at genuine periodic elections, which will be
by universal and equal suffrage and by secret ballot, guaranteeing the free
expression of the will of the electors; and
(c) to have access on general terms of equality to public
employment.
Right
to marry and to found a family
Recognising that the family is the natural and fundamental group unit of
society and is entitled to protection by society and the Commonwealth or State
Government:
(a) every person of marriageable age has the right to marry and to found a
family; and
(b) no marriage may be entered into without the free and full consent of
the intending spouses.
Recognising that every child has the right to such measures of protection
as are required by the child’s age:
(a) every child has the fundamental rights and freedoms set out in this
Bill of Rights to the greatest extent compatible with the age of the individual
child;
(b) every child will be registered immediately after birth and will have a
name;
(c) every child has the right to acquire a nationality;
(d) every child will be protected from economic and social exploitation.
Their employment under set age limits, or in work harmful to their morals or
health, dangerous to life or likely to hamper their normal development should be
prohibited and punishable by law; and
(e) the liberty of parents and legal guardians to ensure the religious and
moral education of their children in conformity with their own convictions is to
be respected.
Rights
of movement within Australia
(1) Every person lawfully in Australia has the right to freedom of
movement and choice of residence.
(2) A person who is lawfully in Australia but is not an Australian citizen
may not be required to leave Australia except on such grounds and in accordance
with such procedures as are established by law.
(1) Every Australian citizen has the right to enter Australia.
(2) A law may restrict a citizen’s right to enter if that person is
under legal investigation or sentence in another country.
(1) Every person has the right to leave Australia.
(2) A law may restrict a person’s right to leave if that person is
under legal investigation or sentence in Australia.
Division
5—Economic and social rights
(1) Every natural or legal person has the right to peacefully enjoy his
possessions. No one may be deprived of his possessions except in the public
interest and subject to the conditions provided for by law and by the general
principles of international law.
(2) This right does not impair the right of the Commonwealth or State
Government to enforce laws it considers necessary to control the use of property
in accordance with the general interest or to secure the payment of taxes or
other contributions or penalties.
(1) Every person has the right to an adequate standard of living,
including:
(a) sufficient food and water;
(b) clothing and housing;
(c) access to health care services; and
(d) access to social security, including if they are unable to support
themselves and their dependants, appropriate social assistance.
(2) No one may be refused emergency medical treatment.
(3) The Commonwealth or State Government will take reasonable legislative
and other measures to provide for the progressive realisation of each of these
rights.
Right
to live in a safe society
Every person has the individual and collective right to live in a safe
society and the collective and individual responsibility to act in a peaceful
and non violent way.
A parent or other person responsible for the care of a child has the
right of reasonable access to adequate child care facilities and the
responsibility to ensure that the child is properly cared for.
No person may be denied the right to education. In the exercise of any
functions which it assumes in relation to education and to teaching, the
Commonwealth or State Government will respect the right of parents to ensure
such education and teaching in conformity with their own religious and
philosophical convictions.
(1) Every person has the right to work including the right to the
opportunity to gain reasonable payment for work the person freely chooses or
accepts.
(2) Every person has the right to just and favourable conditions of work
including:
(a) fair and reasonable payment for work so as to provide a decent living
as a minimum;
(b) safe and healthy working conditions; and
(c) rest, leisure and reasonable limitation of working hours and periodic
and public holidays with pay.
Individual
and collective development
Every person has the right to participate in and contribute to individual
and collective economic, social and cultural development including:
(a) taking part in cultural life;
(b) enjoying the benefits of scientific progress and its applications;
and
(c) benefiting from the protection of the moral and material interests
resulting from any scientific, literary or artistic production of which he is
the author.
(1) Every person has the right to an environment that is not harmful to
their health or well-being.
(2) The Commonwealth or State Government will take appropriate steps to
protect the environment for the benefit of present and future generations,
through reasonable legislative and other measures that:
(a) prevent pollution and ecological degradation;
(b) promote conservation; and
(c) secure ecologically sustainable development and use of natural
resources while promoting justifiable economic and social development.
Right
to protection from arbitrary interference
Every person has the right to:
(a) protection of privacy, family, home and correspondence from arbitrary
or unlawful interference; and
(b) protection from unlawful attacks on honour and reputation.
(1) Every person has the right to have a decision by a tribunal or other
public authority that may affect the person’s rights made in a way that
observes the rules of procedural fairness.
(2) The rules of procedural fairness include:
(a) the rule that a person whose interests may be adversely affected by a
decision will be given a reasonable opportunity to present a case; and
(b) the rule that the tribunal or authority will be impartial in the
matter to be decided.
Every person has the right to reasonable access to legal aid and the
responsibility to accept assistance from a suitably qualified representative
appointed by a court.
Right
to be informed of reasons for detention or arrest and of charges
Any person who is detained or arrested will be informed at the time of
detention or arrest of the reasons for it, and will be informed promptly and in
detail of any charges in a language which that person understands.
Right
to consult with lawyer and to remain silent
Any person detained in custody has the right to remain silent and the
right to consult with a lawyer.
(1) Any person detained or arrested on a criminal charge will be brought
promptly before a judge, magistrate or justice of the peace.
(2) No person awaiting trial may be unreasonably deprived of the right to
release on giving a guarantee to appear for trial.
(3) Any person detained or arrested on a criminal charge has the right to
be tried within a reasonable time.
Right
to test lawfulness of detention
Any person deprived of liberty has the right to take proceedings before a
court for the determination of the lawfulness of the detention and to be
released if the court finds that the detention is not lawful.
Any person charged with a criminal offence is presumed innocent until
proved guilty according to law.
In the determination of any criminal charge, or of any rights or
obligations in a suit at law, every person has the right to a fair and public
hearing by a competent, independent and impartial tribunal.
Right
to reasonable standard of criminal procedure
(1) Every person charged with a criminal offence has the following
rights:
(a) the right to have the principles of due process applied to matters
arising from the charge;
(b) the right to obtain legal assistance;
(c) the right to communicate with a lawyer;
(d) the right to legal assistance without cost, if the interests of
justice so require and the person lacks sufficient means to pay for the
assistance;
(e) the right to have adequate time and facilities to prepare a
defence;
(f) the right to trial by jury if the person may be imprisoned for three
or more years for the offence;
(g) the right to be present at any trial relating to the offence and to
present a defence;
(h) the right to examine the witnesses against the person;
(i) the right to obtain the attendance of, and to examine, witnesses for
the person;
(j) the right to have the free assistance of an interpreter if the
person cannot understand or speak the language used in court;
(k) the right not to be compelled to testify or confess guilt;
and
(l) in the case of a child, the right to be dealt with in a manner which
takes account of the child’s age.
(2) Every person who is found guilty to an offence has the right to be
sentenced within a reasonable time and to be informed in a language that the
person understands of the reasons for the sentence.
No
retrospective criminal offences or penalties
(1) No person may be convicted of any criminal offence on account of any
act or omission which did not constitute a criminal offence at the time when it
occurred.
(2) No person convicted of any criminal offence is liable to a heavier
penalty than was applicable at the time the offence was committed.
Right
of review of conviction and sentence
Every person convicted of a criminal offence has the right to have the
conviction or sentence reviewed by a higher tribunal according to law.
No
trial or punishment for same offence
No person finally convicted or acquitted of a criminal offence may be
tried or punished again for the same offence or for substantially the same
offence arising out of the same facts.
Rights
when deprived of liberty
(1) Every person deprived of liberty has the right to be treated with
humanity and with respect for the inherent dignity of the human
person.
(2) So far as is practicable:
(a) accused persons will be segregated from convicted persons, and will be
treated in a manner appropriate to their status as unconvicted
persons;
(b) accused children will be segregated from accused adults; and
(c) convicted children will be segregated from convicted adults, and will
be treated in a manner appropriate to their age and legal status.
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