Australia: marriage, divorce, inheritance and abortion

Fundamental rights. The only major common law democracy with no national bill of rights; protection comes from statutes, three sub-national charters, and implied constitutional freedoms.

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The country in brief

Location map — Australia
Australia. Simplified location map — Natural Earth data, public domain.

Accounts to follow

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Australian Human Rights Commission

LinkedIn · @australian-human-rights-commission · 100.7 k followers

Official account

The Commission was established in 1986 by an act of the federal Parliament. We are an independent statutory organisation and report to the federal Parliament through the Attorney-General. Our Vision: Human rights: everyone, everywhere, everyday Our Mission: Leading the promotion and protection of human rights in Australia by: * making human rights values part of everyday life and language; * empowering all people to understand and exercise their human rights; * working with individuals, community, business and government to inspire action; * keeping government accountable to national and…

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Raising Children Network Australia

YouTube · @raisingchildren · 19.4 k followers

Official account

Raising Children Network is Australia's most complete source of information and ideas about raising children. Raising Children Network has up-to-date tools and tips that help parents: prepare for birth find local services build positive family relationships understand what's happening for children as they grow and develop support children with disability. It also covers popular topics such as: sleep autism development play behaviour healthy eating plus much more. Raising Children Network is supported by the Australian Government. Its member organisations are the Parenting Research Centre and…

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Federal Circuit and Family Court of Australia (FCFCOA)

YouTube · @FCFCOA · 11.2 k followers

Official account

Official YouTube account of the Federal Circuit and Family Court of Australia. The Federal Circuit and Family Court of Australia was established by the Federal Circuit and Family Court of Australia Act 2021, bringing together the Family Court of Australia and the Federal Circuit Court of Australia.

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Attorney-General's Department AU

YouTube · @attorneygeneralsau · 1 100 followers

Official account

The Attorney-General's Department delivers programs and policies to maintain and improve Australia's law and justice framework. Through the Australian Government Solicitor, we also provide legal services to the Commonwealth (including legal advice and representation).

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The country's law, area by area

Marriage, partnership and divorce

Marriage · Partnerships and cohabitation · Same-sex marriage · Religious ceremony · Wedding customs and ceremonies · Matrimonial property and inheritance · Divorce

Children, family and inheritance

Names · Adoption · Assisted reproduction · Childcare · Step-families

Contraception, abortion, sexuality and drugs

Contraception · Abortion · Parents: a teenager’s first relationship · Sexual orientation · Drugs and controlled substances · Alcohol and tobacco

Violence, consent and sexual offences

Consent and age of consent · Domestic violence · Female genital mutilation · Sexual offences committed abroad

Online: privacy, image, data and scams

Data protection · Privacy · Image rights · Speech and online harassment · Copyright · Identity theft · Online shopping · Romance scams

Health: pregnancy, STIs and care

Pregnancy · Periods and period products · Sex therapy · Mental health · Dental care · HIV and AIDS · Hepatitis B · HPV

Fundamental rights

Key points

No national charterRepeatedly proposed, never enacted
Implied freedomPolitical communication, derived from the system of representative government
Sub-national chartersACT, Victoria and Queensland human rights acts
Anti-discriminationRace, sex, disability and age discrimination acts
CommissionAustralian Human Rights Commission: free conciliation of complaints
InternationalIndividual communications to UN treaty bodies, which are not binding
Kable principleLimits what state legislatures can require of courts
Statutory interpretationThe principle of legality protects fundamental rights from implied abrogation
ConciliationThe Commission's process is free and resolves most complaints

Understanding the rules

Australia has no constitutional or statutory bill of rights at the federal level. The High Court has recognised an implied freedom of political communication, and the Constitution contains a handful of express guarantees. The Australian Capital Territory, Victoria and Queensland have enacted human rights acts, and federal anti-discrimination statutes are enforced through the Australian Human Rights Commission.

In practice

  • Use the Commission's free conciliation: most discrimination complaints settle there.

Where to go

Worth knowing

Because there is no national charter, most complaints run through anti-discrimination law rather than human rights law: frame the claim around a protected attribute if you can. Without a national charter, most claims run through anti-discrimination law. Framing the complaint around a protected attribute is what makes it actionable.

The general article: Fundamental rights · Compare with another country

Advice

Sources

Whole page

  1. Family Law Act 1975 — Federal Register of Legislation, accessed 2026
  2. The Privacy Act — Office of the Australian Information Commissioner (OAIC), accessed 2026

Fundamental rights

  1. Australian Human Rights Commission Act 1986 — Federal Register of Legislation, accessed 2026
  2. Human Rights Act 2004 (ACT) — ACT Legislation Register, 2025
  3. Charter of Human Rights and Responsibilities Act 2006 (Vic) — Victorian Legislation (gouvernement de l'État de Victoria), accessed 2026

Official or institutional documents this page relies on, consulted on 12 October 2026. Links open in a new tab.

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Text prepared with artificial intelligence, reviewed and checked by the AffectionPlus team (method and sources: About). This content does not replace medical or legal advice. Spotted an error? Write to us.

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