aust_const_bill_of

Australian Bill of Rights Bill 2001
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157. 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.
Shall be Part of this, the Commonwealth of Australia Constitution Act.

Shall not be altered except as subject to;
CHAPTER VIII ALTERATION OF THE CONSTITUTION.
Section 158. This Constitution may be altered subject to Section 158.
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Section 159 Alteration of Constitution and Legislation on electors initiative (CIR).
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The Australian Bill of Rights is as follows:

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Division 1 Guarantee of rights and freedoms .
Article 1
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Entitlement to rights and freedoms without distinction
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(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, color, sex, language, religion, political or other opinion, national or
      social origin, property, birth, mental or physical disability or other status.
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(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.
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Article 2
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Effect of Bill of Rights on existing rights and freedoms
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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.
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Article 3
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Permissible limitations
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(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.
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(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
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      Freedom of expression
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(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.
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(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.
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(3) The press and other media of communication shall not harass any person or
      persons in their private home or enter on to the property or from any part of the
      road that passes that persons property.
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      Article 5
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      Freedom of thought and conscience
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Every person has the right to freedom of thought and conscience, including the
right to hold opinions without interference.
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      Article 6
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      Freedom to have or adopt a religion or belief
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Every person has the right to have or adopt a religion or belief of that persons
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.
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      Article 7
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      Right of peaceful assembly
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Every person has the right of peaceful assembly.
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      Article 8
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      Freedom of association
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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 persons interests.
. Division 3. Equality rights       Article 9
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      Equal protection of the law
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(1) Every person has the right without any discrimination to the equal protection of
      the law.
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(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.
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      Article 10
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      Rights of indigenous peoples
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Aboriginal and Torres Strait Islander people have the following individual and
collective rights and responsibilities:
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(a) the right to revive, maintain and develop their ethnic and cultural characteristics
     and identities, including:
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(i) their religion and spiritual development; their language and educational
    institutions;
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(b) the right to claim native title for indigenous lands and natural resources based on
     the recognition of their prior ownership;
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(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;
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(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
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(e) the responsibility to respect their laws and customs and to promote indigenous
     culture.
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      Article 11
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      Rights of minority groups
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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 practice their own religion, or to use their own language.
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. Division 4 Civil and democratic rights       Article 12
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      Right to life
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(1) Every human being has the inherent right to life and no person may be arbitrarily
      deprived of life.
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(2) Every person has the right to bodily and psychological integrity.
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      Article 13
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      Liberty and security of person
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(1) Every person has the right to liberty and security of person.
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(2) No law may authorise the arbitrary arrest, detention or imprisonment of any
     person.
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(3) No person may be deprived of liberty except on such grounds, and in accordance
      with such procedures, as are established by law.
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(4) No person may be imprisoned merely on the ground of inability to fulfill a
      contractual obligation.
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      Article 14
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      No torture or inhuman treatment and no experimentation without consent
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(1) No person may be subjected to torture or to cruel, inhuman or degrading treatment
      or punishment.
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(2) No person may be subjected to medical or scientific experimentation without that
      persons free consent.
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(3) Every person has the right to refuse any medical treatment for themselves.
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      Article 15
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      Slavery and servitude
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No person may be held in slavery or servitude or be required to perform forced or
compulsory labour.
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      Article 16
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      Right of participation in public life
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Every Australian citizen has the right and will have the opportunity:
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(a) to take part in the conduct of public affairs, directly or through freely chosen
      representatives;
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(b) to vote and to be elected at genuine periodic elections, which will be by universal
      and equal approval or consent expressed by voting, short petition of, the right of
      voting in political elections and by secret ballot, guaranteeing the free expression
      of the will of the electors; and
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(c) to have access on general terms of equality to public employment.
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      Article 17
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      Right to marry and to found a family
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Recognizing 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:
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(a) every person of marriageable age has the right to marry and to found a family; and
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(b) no marriage may be entered into without the free and full consent of the
      intending spouses.
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      Article 18
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      Rights of the child
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Recognizing that every child has the right to such measures of protection as are
required by the Child's age:
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(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;
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(b) every child will be registered immediately after birth and will have a name;
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(c) every child has the right to acquire a nationality;
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(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
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(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.
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      Article 19
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      Rights of movement within Australia
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(1) Every person lawfully in Australia has the right to freedom of movement and
      choice of residence.
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(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.
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      Article 20
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      Right to enter Australia
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.(1) Every Australian citizen has the right to enter Australia.
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(2) A law may restrict a citizens right to enter if that person is under legal
     investigation or sentence in another country.
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      Article 21
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      Right to leave Australia
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(1) Every person has the right to leave Australia.
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(2) A law may restrict a persons right to leave if that person is under legal
     investigation or sentence in Australia.
. Division 5 Economic and social rights       Article 22
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      Property
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(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.
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(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.
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      Article 23
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      Standard of living
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(1) Every person has the right to an adequate standard of living, including:
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            (a) sufficient food and water;
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            (b) clothing and housing;
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            (c) access to health care services; and
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            (d) access to social security, including if they are unable to support themselves
                  and their dependents, appropriate social assistance.
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(2) No one may be refused emergency medical treatment.
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(3) The Commonwealth or State Government will take reasonable legislative and
     other measures to provide for the progressive realization of each of these rights.
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      Article 24
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      Right to live in a safe society
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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.
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      Article 25
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      Right to adequate child care
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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.
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      Article 26
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      Right to education
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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.
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      Article 27
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      Work
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(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.
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(2) Every person has the right to just and favorable conditions of work including:

(a) fair and reasonable payment for work so as to provide a decent living as a
minimum;
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(b) safe and healthy working conditions; and
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(c) rest, leisure and reasonable limitation of working hours and periodic and
public holidays with pay.
(d) no person shall have their drivers licence cancelled that would prevent that person from attending that persons place of employment.

.      Article 28
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      Individual and collective development
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Every person has the right to participate in and contribute to individual and
collective economic, social and cultural development including:
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            (a) taking part in cultural life;
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            (b) enjoying the benefits of scientific progress and its applications; and
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            (c) benefiting from the protection of the moral and material interests resulting
                 from any scientific, literary or artistic production
                of which he or she is the author.
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      Article 29
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      Environment
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            (1) Every person has the right to an environment that is not harmful to their health or
      well being.
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(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:
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            (a) prevent pollution and ecological degradation;
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            (b) promote conservation; and
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            (c) secure ecologically sustainable development and use of natural resources
                 while promoting justifiable economic and social development.
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. Division 6 Legal rights       Article 30
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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
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(b) protection from unlawful attacks on honor and reputation.
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(c) to protection from unlawful attacks by the radio, television and print media and internet
of personal harassment, coercion and, displaying of facial or body features and the address of a
persons home or place of residence.
Including the protection from continuing allegations and the display by all the television and
radio and print media all through the day and the week on all news and other programs of
the person before any court hearing.

      Article 31
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      Right to procedural fairness
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(1) Every person has the right to have a decision by a tribunal or other public
      authority that may affect the persons rights made in a way that observes the rules
      of procedural fairness.
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(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.
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      Article 32
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      Right to legal assistance
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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.
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      Article 33
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Right to be informed of reasons for detention or arrest and of charges
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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.
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      Article 34
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      Right to consult with lawyer and to remain silent
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Any person detained in custody has the right to remain silent and the right to
consult with a lawyer.
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      Article 35
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      Hearings, release and trial
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(1) Any person detained or arrested on a criminal charge will be brought promptly
      before a judge, magistrate or justice of the peace.
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(2) No person awaiting trial may be unreasonably deprived of the right to release on
      giving a guarantee to appear for trial.
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(3) Any person detained or arrested on a criminal charge has the right to be tried
      within a reasonable time.
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      Article 36
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      Right to test lawfulness of detention
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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.
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Article 37
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      Presumption of innocence
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Any person charged with a criminal offence is presumed innocent until proved
guilty according to law.
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      Article 38
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      Right to fair hearing
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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.
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      Article 39
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      Right to reasonable standard of criminal procedure
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(1) Every person charged with a criminal offence has the following rights:
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            (a) the right to have the principles of due process applied to matters arising
                 from the charge;
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            (b) the right to obtain legal assistance;
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            (c) the right to communicate with a lawyer;
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            (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;
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            (e) the right to have adequate time and facilities to prepare a defence;
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            (f) the right to trial by jury if the person may be imprisoned for three or more
                 years for the offence;
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            (g) the right to be present at any trial relating to the offence and to present a
                 defence;
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            (h) the right to examine the witnesses against the person;
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            (i) the right to obtain the attendance of, and to examine, witnesses for the
                person;
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            (j) the right to have the free assistance of an interpreter if the person cannot
                 understand or speak the language used in court;
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            (k) the right not to be compelled to testify or confess guilt; and
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(l) in the case of a child, the right to be dealt with in a manner which takes
     account of the Child's age.
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(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.
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      Article 40
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      No retrospective criminal offenses or penalties
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(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.
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(2) No person convicted of any criminal offence is liable to a heavier penalty than
     was applicable at the time the offence was committed.
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      Article 41
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      Right of review of conviction and sentence
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Every person convicted of a criminal offence has the right to have the conviction
or sentence reviewed by a higher tribunal according to law.
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      Article 42
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      No trial or punishment for same offence
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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.
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      Article 43
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      Rights when deprived of liberty
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(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.
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(2) So far as is practicable:
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            (a) accused persons will be segregated from convicted persons, and will be
                 treated in a manner appropriate to their status as unconvicted persons;
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            (b) accused children will be segregated from accused adults; and
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            (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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