The legal framework
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.
Key points
| No national charter | Repeatedly proposed, never enacted |
|---|---|
| Implied freedom | Political communication, derived from the system of representative government |
| Sub-national charters | ACT, Victoria and Queensland human rights acts |
| Anti-discrimination | Race, sex, disability and age discrimination acts |
| Commission | Australian Human Rights Commission: free conciliation of complaints |
| International | Individual communications to UN treaty bodies, which are not binding |
| Kable principle | Limits what state legislatures can require of courts |
| Statutory interpretation | The principle of legality protects fundamental rights from implied abrogation |
| Conciliation | The Commission's process is free and resolves most complaints |
In practice
- Exhaust domestic remedies first: no regional or international body will look at a case before that.
- Watch the deadlines — several are counted in months from the final domestic decision.
- Complain to the national human rights institution first: it is free and sometimes enough.
- Keep every decision, letter and acknowledgement: regional bodies will ask for the full record.
- Use the Commission's free conciliation: most discrimination complaints settle there.
Where to go
- Australian Human Rights Commission.
- State or territory human rights or equal opportunity commission.
- Community legal centres and legal aid.
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.
Official sources and links
- Federal Register of Legislation — Commonwealth law as made and in force
- Services Australia — government services and payments