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Part 5—Declaration of Rights

Part 5 Declaration of Rights

   

19   Australian Bill of Rights

                   The Australian Bill of Rights is as follows:

 

Australian Bill of Rights

Division 1—Guarantee of rights and freedoms

Article 1

Entitlement to rights and freedoms without distinction

                   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, intersex status, sexual orientation, gender identity, language, religion, political or other opinion, national or social origin, property, birth, mental or physical disability or other status.

Article 2

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.

Article 3

Permissible limitations

             (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 and are necessary to protect the fundamental rights and freedoms of others.

             (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

Article 4

Freedom of expression

             (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.

Article 5

Freedom of thought and conscience

                   Every person has the right to freedom of thought and conscience, including the right to hold opinions without interference.

Article 6

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.

Article 7

Right of peaceful assembly

                   Every person has the right of peaceful assembly.

Article 8

Freedom of association

                   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.

Division 3—Equality rights

Article 9

Equal protection of the law

             (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.

Article 10

Rights of Indigenous peoples

                   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; and

                             (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;

                     (e)  the responsibility to respect their laws and customs and to promote Indigenous culture.

Article 11

Rights of minority groups

                   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

Article 12

Right to life

             (1)  From birth, 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.

             (3)  Every person has the right to end his or her life.

Article 13

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 .

Article 14

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.

Article 15

Slavery and servitude

                   No person may be held in slavery or servitude or be required to perform forced or compulsory labour.

Article 16

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 ; and

                     (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 .

Article 17

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 .

Article 18

Rights of the child

                   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; and

                     (b)  every child will be registered immediately after birth and will have a name; and

                     (c)  every child has the right to acquire a nationality; and

                     (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.

Article 19

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.

Article 20

Right to enter Australia

             (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.

Article 21

Right to leave Australia

             (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

Article 22

Property

             (1)  Every natural or legal person has the right to peacefully enjoy the person’s possessions. No person may be deprived of the person’s 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 .

Article 23

Standard of living

             (1)  Every person has the right to an adequate standard of living, including:

                     (a)  sufficient food and water; and

                     (b)  clothing and housing; and

                     (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.

Article 24

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.

Article 25

Right to adequate child care

                   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 .

Article 26

Right to education

                   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 .

Article 27

Work

             (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; and

                     (b)  safe and healthy working conditions; and

                     (c)  rest, leisure and reasonable limitation of working hours and periodic and public holidays with pay.

Article 28

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; and

                     (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 the person is the author.

Article 29

Environment

             (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; and

                     (b)  promote conservation; and

                     (c)  secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

Division 6—Legal rights

Article 30

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.

Article 31

Right to procedural fairness

             (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.

Article 32

Right to legal assistance

                   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 .

Article 33

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 .

Article 34

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 .

Article 35

Hearings, release and trial

             (1)  Everyone has the right to liberty and security of person. No one will be subjected to arbitrary arrest or detention.

             (2)  Any person detained or arrested on a criminal charge will be brought promptly before a judge, magistrate or justice of the peace.

             (3)  No person awaiting trial may be unreasonably deprived of the right to release on giving a guarantee to appear for trial.

             (4)  Any person detained or arrested on a criminal charge has the right to be tried within a reasonable time.

Article 36

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 .

Article 37

Presumption of innocence

                   Any person charged with a criminal offence is presumed innocent until proved guilty according to law .

Article 38

Right to fair hearing

                   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 .

Article 39

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 3 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;

                      (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.

Article 40

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.

Article 41

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.

Article 42

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.

Article 43

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; and

                     (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.