Rights in Australia are protected in various ways, not simply through the Constitution.
Australia, uniquely amongst developed nations with liberal democracies, does not have a Bill of Rights. However, there are some legal protections of rights in the Constitution. These include:
Victoria and ACT are the only two states or territories to have legislative bills of rights. Victoria passed the Charter of Human Rights and Responsibilities Act in 2006, which grants Victorians twenty basic rights.2
ACT protects its citizens’ rights under the Human Rights Act 2004.3
When examining the effectiveness of protection of human rights, students generally consider:
Constitutional protection of rights
Comparison of rights protection in Australia to other countries
Australian Human Rights Commission, How are human rights protected in Australian law?, 2006, https://www.humanrights.gov.au/how-are-human-rights-protected-australian-law ↩
Charter of Human Rights and Responsibilities Act 2006, http://www.austlii.edu.au/au/legis/vic/consol_act/cohrara2006433/ ; Victorian Equal Opportunity & Human Rights Commission, Rights under the Charter, http://www.humanrightscommission.vic.gov.au/index.php/the-charter/rights-under-the-charter ↩
Human Rights Act 2004, http://www.austlii.edu.au/au/legis/act/consol_act/hra2004148/ ↩
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