Charter Of Australian Liberty

The purpose of the Charter of Australian Liberty is to provide all Australians with a clear statement of what constitutes their freedoms.

1. FREEDOM FROM SLAVERY

   FREEDOM FROM SLAVERY

   That there can be no slavery in a free land and hence no slaves.

2. PROHIBITION ON TORTURE

   PROHIBITION ON TORTURE

   No one shall be subjected to a) torture or b) to cruel or inhumane or degrading treatment or punishment.

3. RIGHT TO LIFE

   RIGHT TO LIFE

   Every person has, after he or she is born, the right not to be arbitrarily deprived of life. Any loss of life attributable to agencies of the state must be carefully and independently investigated. No death penalty shall be exacted in Australia.

4. FREEDOM FROM COMPULSION

   FREEDOM FROM COMPULSION

   No one shall be compelled to work except by order of a court.

   There shall be no conscription for military service other than in a national emergency and in that event with provision for conscientious objection. No one should be subjected to medical or scientific experimentation unless they give free and informed consent.

5. RIGHT TO BE SET AT LIBERTY

   RIGHT TO BE SET AT LIBERTY

   No one shall be contained or imprisoned other than in compliance with the law and every detained person shall have the right to bring an action for habeas corpus, namely to be produced speedily before a court and to be set free unless the detaining authority can prove that its actions are lawful.

6. RIGHTS ON ARREST

   RIGHTS ON ARREST

   None shall be arrested or imprisoned for debt or for inability to perform a contractual obligation. Persons arrested or detained on a criminal charge:

   1. shall be informed promptly, and if practicable in a language they understand, of the reason for their arrest and the details of any charge;
   2. must be brought before a court as soon as practicable and in any event within 48 hours of arrest. In terrorist cases, parliament may provide for up to seven days detention, renewable by judicial order for a further seven days.
   3. shall be entitled to legal advice while in custody prior to their first court appearance;
   4. Shall be entitled to have any interviews with police or persons in authority recorded by electronic means or by an independent third party;
   5. Shall be entitled to apply to the court for bail, which if granted on security or by surety shall not be for an exorbitant amount.
7. THE OPEN JUSTICE PRINCIPLE

   THE OPEN JUSTICE PRINCIPLE

   Every court in the land shall be open to the media and the public, unless it is established beyond reasonable doubt that justice can not be done other than by their exclusion for part of the proceeding. In any such case the judgment of the court shall be made public.

8. RIGHT TO TRIAL BY JURY

   RIGHT TO TRIAL BY JURY

   Every person charged with an offence carrying a maximum sentence of more than two years imprisonment has a right (which may be waived) to be tried by a jury.

9. THE RIGHT TO A FAIR TRIAL

   THE RIGHT TO A FAIR TRIAL

   1. In the determination of civil rights and obligations or of any criminal charge every litigant or defendant is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.
   2. All persons charged with criminal offence shall be presumed innocent until proved guilty according to law.
   3. Every person charged with a criminal offence has the following minimum rights:
      1. to be informed promptly, in a language that they understand and in reasonable detail of the nature and cause of the accusation;
      2. to have adequate time and facilities for the preparation of their deference and to have the opportunity to communicate e with legal representatives;
      3. to attend their own trial and defend themself in person or through legal assistance of their own choosing or, if they have not sufficient means to pay for legal assistance to be given it free when the interests of justice so require;
      4. to examine or have examined witnesses against them and to obtain the attendance and examination of witnesses on their behalf and under the same conditions as adverse witnesses;
      5. to have assistance from an interpreter, free of charge if they can not understand or speak the language used in court;
      6. to put the prosecution to proof of guilt;
      7. if convicted, to have the right to ask a higher court for leave to appeal on reasonably argued grounds against conviction and/or sentence.
10. NO PUNISHMENT WITHOUT LAW

    NO PUNISHMENT WITHOUT LAW

    1. No one shall be found guilty on account of any crime on account of any act or omission that did not constitute a criminal offence under Australian or International law at the time it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the offence was committed.
    2. No person may be punished more than once for the same offence
11. FREEDOM OF MOVEMENT

    FREEDOM OF MOVEMENT

    1. Every person lawfully present in Australia has freedom to move across state borders and to choose where in the country to live. Every citizen of Australia shall be entitled to an Australian passport and, subject to any court order, may leave the country with a guaranteed right to return. Every holder of an Australian passport shall be entitled to consular assistance if detained or arrested in a foreign country and to such efforts and representations by the Australian government as may ensue that his or her rights under this charter are respected. Every person accepted for residence in Australia shall be afforded the opportunity of becoming an Australian citizen.
    2. Australia will entertain asylum claims from any persons who come to or within its jurisdiction and allege they are refugees under the Refugee Convention 1951 and can establish that they are fleeing from a country where they have a well founded fear of being persecuted in a way that will endanger their life or that of family members for exercising human rights of the kind protected by this charter. A precondition of such claim must be a proven willingness to accept the rights and responsibilities set forth in this charter.
    3. No person shall be accepted for naturalization or citizenship unless he or she can demonstrate an understanding of this charter and can swear or affirm that they accept its responsibilities and its rights.
12. FREEDOM OF EXPRESSION AND THE RIGHT TO KNOW

    FREEDOM OF EXPRESSION AND THE RIGHT TO KNOW

    1. Everyone has the right to freedom of expression, which includes the right to hold and express opinions and to receive and impart information and ideas without interference by government.
    2. Practitioners of journalism shall have the right to protect their sources, subject only to overriding considerations of public interest.
    3. The above rights shall be accorded especial importance in any civil court proceedings in which it is properly invoked.
    4. This right shall create a presumption in favour of publication, rebuttal only if the restriction sought to be placed upon it is necessary in the interests of a democratic society to guard against incitement to crime or disorder or to safeguard national security, or to enable other citizens to stop lies being told about them or falsehoods being published which relate to them, or to preserve confidential information, or to protect privacy as defined in Article 13.
    5. Citizens have a right to know about the workings of their government. In addition to their rights under the Freedom of Information Act, and subject to (iv) above, all cabinet papers and other government documents shall be made available for public inspection within ten years from their creation.
    6. This right may be invoked by media corporations on behalf of their journalists and editors, and/or on behalf of their readers, viewers or listeners.
13. RIGHT TO PRIVACY

    RIGHT TO PRIVACY

    Everyone has the right to have his or her home and law abiding family life respected and to prevent the passing on, or publication of, intimate personal details, or the disclosure of personal matters concerning children in their care.

    Public authorities shall not interfere with the exercise of this right unless such interference serves the public interest and is in accordance with legally prescribed data protection principles or ethics codes promulgated by statutory or professional bodies.

14. FREEDOM OF THOUGHT, CONSCIENCE, AND RELIGION

    FREEDOM OF THOUGHT, CONSCIENCE, AND RELIGION

    Everyone has the right to freedom of thought, conscience and religion;

    This right includes freedom to change religion or belief and freedom, either alone or in community with others, to manifest religion or belief in worship or other forms of observance and to expound the tenets of that religion to others. This freedom shall not extend to religions or other movements that preach hatred or incite violence and shall not protect religions from criticism made by persons exercising their free speech rights under Article 12.

15. RIGHT TO OWN PROPERTY

    RIGHT TO OWN PROPERTY

    1. Everyone has the right to own property alone as well as in association with others.
    2. Nobody shall be deprived of his or her property arbitrarily.
    3. There shall be no confiscation of private property by the state other than when it is in satisfaction of a judgment debt or if it is reasonably suspected to be the proceeds of crime.
    4. The state may acquire private property but only upon just terms.
16. RIGHT TO WORK

    RIGHT TO WORK

    1. Everyone has the right to work, to free choice of employment and to safe and healthy conditions of work and to protection against unfair dismissal.
    2. Everyone, without any discrimination, has the right to equal pay for equal work.
    3. Everyone who works has the right to fair remuneration ensuring for their family an existence worthy of human dignity, and supplemented if necessary, by other means of social protection.
    4. Everyone has the right to form and join trade unions for the protection of their interests and in the course of that protection to have trade unions represent them in collective bargaining.
    5. Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
17. RIGHT TO WELLBEING

    RIGHT TO WELLBEING

    1. Everyone has the right to a standard of living adequate for their health and wellbeing, including food, clothing, housing and medical care, and necessary social services and the right to security in the event of unemployment, sickness, disability, old age or other lack of livelihood in circumstances beyond their control.
    2. The government is required to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of the rights in (i) above.
    3. Everyone has the right to due respect when treated in any hospital or nursing home or care center or medical surgery, and where practicable to give informed consent before undergoing any invasive surgical procedure.
18. RIGHT TO EDUCATION

    RIGHT TO EDUCATION

    1. Everyone has the right to education. Education shall be free and compulsory at primary level and until an intermediate secondary level. Technical and professional education shall be open to all, and higher education shall be equally accessible on the basis of merit.
    2. The government is required to take reasonable measures, within its available resources, to make technical and professional education and higher education progressively available and affordable.
    3. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and the values that are set out in this charter, and shall include teaching about the history of these rights. Such teaching shall include objective accounts of the history of Australian Aborigines and Torres Strait Islanders, of their dispersion and degradation during the colonial period, and about the Stolen Generation.
    4. Parents have the right to choose the type of education that shall be given to their children, subject to the right of the government to set curricula and to refuse approval to schools where teaching is or is likely to breach (ii) above.
    5. Government may, but has no duty to, subsidise private schooling: it has a primary duty to ensure educational excellence in schools provided by the state.
19. THE RIGHT TO DEMOCRACY

    THE RIGHT TO DEMOCRACY

    Every citizen, and every resident and/or taxpayer, over the age of eighteen has the right and must have the opportunity without discrimination:

    1. To take part in the government in Australia, directly or by standing for parliament or by voting, freely and secretly for chosen representatives.
    2. To have access, on terms of equality and merit, to the public service and to all public offices, including the office of Head of State in any Australian republic.
20. RIGHTS OF PARLIAMENTARY REPRESENTATIVES

    RIGHTS OF PARLIAMENTARY REPRESENTATIVES

    1. Speech in parliament shall be free and may be reported by the media with absolute freedom.
    2. MPs shall be entitled freely to communicate with their constituents, and vice versa. An MP’s parliamentary office shall not be subject to search or interference, save with the permission of the Speaker of the relevant House, who shall, if practicable, seek the assurance of the Attorney-General that the search is necessary to the investigation of a serious crime.
    3. Parliament shall not be disturbed, and MPs shall not be subject to arrest or other forcible process in parliament or its precincts, except by the permission of the Speaker, once the Attorney General has confirmed that such action is necessary for the investigation of serious crime.
    4. In all other respects, MPs shall not be above the law.
21. RIGHT TO EFFECTIVE JUSTICE

    RIGHT TO EFFECTIVE JUSTICE

    Everyone whose rights and freedoms are violated shall have an effective remedy by way of access to a court or a tribunal empowered to apply the provisions of this charter. The aforesaid court or tribunal shall give a reasoned decision, in language comprehensible to lay persons.

22. PROHIBITION OF DISCRIMINATION

    PROHIBITION OF DISCRIMINATION

    1. Everyone is equal before the law. In all laws made, or to be made, every person may be bound alike; and no tenure, state, charter, degree, birth or place shall confer any exemption from the ordinary course of legal proceedings whereunto others are subjected.
    2. The enjoyment of the rights and freedoms set forth in this charter shall be secured without discrimination on grounds of age, disability, sex, sexual orientation, or gender identity, race, colour, language, religion, political or other opinion, national or social origin, association with a minority, property, birth or other status.
    3. In the implementation of government policy, public servants shall in all decisions that involve the rights stated in sections16 to 18 above, bear in mind their duty to narrow the gap between rich and poor, and to narrow the gap between indigenous people and the rest of the community.
23. RIGHTS OF CHILDREN

    RIGHTS OF CHILDREN

    1. Every child has the right:
       1. to a name and a nationality from birth;
       2. to family care, parental care, or adequate and appropriate alternative care if removed in accordance with law from a dangerous family environment;
       3. to be protected from maltreatment, neglect, abuse or degradation;
       4. to be protected from exploitative labour practices;
       5. not to be detained except as a matter of last resort and then only for the shortest time necessary, for that detention.
    2. A child’s best interests are of special and particular importance in very matter concerning the child.
    3. Every person under eighteen who is detained pending or during trial or after conviction must be segregated from detained adults.
24. RIGHTS OF DISABLED PEOPLE

    RIGHTS OF DISABLED PEOPLE

    The government shall ensure, within its available recourses, that all persons who are disabled shall be vouchsafed full enjoyment of the rights set out in this charter without discrimination or diminution on the grounds of their disablement.

    They shall have the right to live in their community, with choices equal to others, and to participate in their community, and shall in particular have:

    1. The opportunity to choose their place of residence and where and with whom they live to the same extent as others;
    2. Access to a range of in-house residential and other community support services, including personal assistance necessary to prevent isolation from the community;
    3. Access, on an equal basis and in a way that is responsive to their needs, to community services and facilities that are made available to the general population.
25. RIGHT TO A PRISTINE AND HEALTHY ENVIRONMENT

    RIGHT TO A PRISTINE AND HEALTHY ENVIRONMENT

    Everyone has the right:

    1. To an environment that is not harmful to their health or wellbeing;
    2. To have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that:
       1. prevent pollution and ecological degradation;
       2. promote conservation; and protect native flora and fauna, and areas necessary to maintain biological diversity and ecosystems;
       3. secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development;
       4. preserve properties and places of historic or cultural significance;
       5. establish a planning system that ensures that encroachments on areas of natural beauty or heritage value are not approved unless by fair, transparent and non-corrupt process, which takes that value into account.
    3. To timely and adequate assistance if threatened by fire, flood, cyclone or other natural catastrophe.
26. DEROGATION IN TIME OF EMERGENCY

    DEROGATION IN TIME OF EMERGENCY

    In time of war or other public emergency threatening the life of the nation the government may take measures derogating from its obligations under this charter to the extent strictly required by the exigencies of the situation.

    However there shall be no derogation from Articles 1, 2(a) and 3.

27. SPECIAL RIGHTS OF INDIGENOUS PEOPLE

    SPECIAL RIGHTS OF INDIGENOUS PEOPLE

    Indigenous people have distinct cultural rights and must not be denied the right, with other members of their community:

    1. To enjoy their identity and culture;
    2. To maintain and use their languages;
    3. To maintain their kinship ties;
    4. To maintain spiritual and material relationships with the land and waters according to their customs of old.
28. DUTIES OF AUSTRALIANS

    DUTIES OF AUSTRALIANS

    1. Everyone has duties to the community in which alone the full and free development of their personality is possible.
    2. In the exercise of these rights and freedoms, everyone shall be subject to such limitations as are determined by law for the purpose of securing recognition and respect for the rights and freedoms of others and for meeting the just requirements of public order and general welfare in a democratic society.
    3. Nothing in this declaration may be interpreted as implying for any group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights or freedoms set forth in this charter.
    4. All persons present in Australia, (however briefly) have a duty (unless relieved of it by diplomatic or other immunity, in which case they have a moral obligation) to obey the law.