ALHR Newsletter

ALHR Newsletters → 2013 → December → 23

ALHR to make submission to law reform "freedoms" inquiry - get involved

23/12/2013

The Commonwealth Attorney General has recently asked the Australian Law Reform Commission to hold an inquiry into "laws that encroach upon traditional rights, freedoms and privileges". ALHR will be making a comprehensive submission to this inquiry in 2014. If you would like to be involved in the research or writing for this submission, please contact your State/Territory convenor per the details below.

The Attorney General said he wants to "restore the balance around the issue of human rights in Australia" and that "For too long we have seen freedoms of the individual diminish and become devalued. The Coalition Government will strive to protect and restore them". The Attorney has directed the Law Reform Commission to "focus in particular upon commercial and corporate regulation; environmental regulation; and workplace relations", and "to identify where traditional rights, freedoms and privileges are unnecessarily compromised within the legal structure of the Commonwealth. Where encroachments exist, the Commission will determine whether they are justified."

The Attorney's full media release can be downloaded from the link at the end of this note. The proposed Terms of Reference are extracted below.

If you would like to be involved in researching and writing ALHR's submission on this matter, please:
* e-mail your local State/Territory convenor (details below); and
* indicate which areas within the Terms of Reference you are interested in working on (and your relevant experience).
We will be coordinating the research in early 2014.

AG's proposed terms of reference for inquiry

11 December 2013

Proposed Terms of Reference

REVIEW OF COMMONWEALTH LAWS FOR CONSISTENCY WITH TRADITIONAL RIGHTS, FREEDOMS AND PRIVILEGES

I, Senator the Hon George Brandis QC, Attorney-General of Australia, having regard to the rights, freedoms and privileges recognised by the common law,

REFER to the Australian Law Reform Commission for inquiry and report pursuant to section 29(1) of the Australian Law Reform Commission Act 1996 (Cth);

Identification of Commonwealth laws that encroach upon traditional rights, freedoms and privileges; and
a critical examination of those laws to determine whether the encroachment upon those traditional rights, freedoms and privileges is appropriately justified.

For the purposes of the inquiry 'laws that encroach upon traditional rights, freedoms and privileges' are to be understood as laws that:

reverse or shift the burden of proof;
deny procedural fairness to persons affected by the exercise of public power;
exclude the right to claim the privilege of self-incrimination;
abrogate legal professional privilege;
apply strict or absolute liability to all physical elements of a criminal offence;
interfere with freedom of speech;
interfere with freedom of religion;
interfere with vested property rights;
interfere with freedom of association;
interfere with freedom of movement;
disregard common law protection of personal reputation;
authorise the commission of a tort
inappropriately delegate legislative power to the Executive;
give executive immunities a wide application;
retrospectively change rights and obligations;
retrospectively extend criminal law;
alter criminal law practices based on the principle of a fair trial;
permit an appeal from an acquittal; and
restrict access to the courts;

focusing in particular upon:

commercial and corporate regulation;
environmental regulation; and
workplace relations.

Scope of the reference

In undertaking this reference, the Australian Law Reform Commission should consider Commonwealth laws. In considering if any changes to Commonwealth law should be made, the Australian Law Reform Commission should consider:

how laws are drafted, implemented and operate in practice; and
any safeguards provided in the laws, such as rights of review or other scrutiny mechanisms.

Consultation

In undertaking this reference, the Australian Law Reform Commission should identify and consult relevant stakeholders, including relevant Commonwealth departments and agencies, the Australian Human Rights Commission, and other key non-government stakeholders.

Timeframe

The Commission is to provide its report by 1 December 2014.

Contact details for ALHR state/territory convenors

If you are interested in being involved in ALHR's work on this matter, please contact one of the following, indicating which area(s) of the Terms of Reference you want to be involved with and your relevant experience.
ACT: [email protected]
NSW:[email protected]
NT:[email protected]
QLD:[email protected]
SA:[email protected]
TAS:[email protected]
VIC:[email protected]
WA:[email protected]

AG's full media release

Available on the internet here.