1998-1999-2000-2001 The Parliament of the Commonwealth of Australia THE SENATE Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 (Restored by Senator Stott Despoja 9 November 2005) A Bill for an Act relating to the human rights and fundamental freedoms of all Australians and all people in Australia, and for related purposes [Page Break] Part 1--Preliminary 1 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 2 3 Objects ............................................................................................... 2 4 Interpretation ..................................................................................... 2 5 Interpretation of Charter .................................................................... 5 6 Extent to which Act binds the Crown ................................................ 5 7 Extension to external Territories........................................................ 6 8 Application of Charter ....................................................................... 6 9 Interpretation of legislation................................................................ 7 10 No rights of action or criminal liability under Charter ...................... 7 11 Powers of courts in criminal proceedings.......................................... 7 Part 2--Parliamentary Charter of Rights and Freedoms 9 12 Parliamentary Charter of Rights and Freedoms................................. 9 Part 3--Functions of Human Rights and Equal Opportunity Commission 10 13 Functions of Human Rights and Equal Opportunity Commission ..................................................................................... 10 14 Performance of functions of Commission in relation to Charter ............................................................................................. 11 15 Reporting to Parliament ................................................................... 11 Part 4--Miscellaneous 13 16 Regulations ...................................................................................... 13 Schedule 1--Parliamentary Charter of Rights and Freedoms 14 Division 1--General 14 Article 1 14 Entitlement to rights and freedoms without discrimination............................ 14 Article 2 14 Effect of Charter on existing rights and freedoms .......................................... 14 Article 3 14 Permissible limitations.................................................................................... 14 Division 2--Non-discrimination 15 Article 4 15 Equal protection of the law............................................................................. 15 i Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 [Page Break] Rights of minority groups ............................................................................... 15 Division 3--Fundamental political rights 15 Article 6 15 Right of participation in public life................................................................. 15 Article 7 16 Freedom of expression.................................................................................... 16 Article 8 16 Freedom of thought and conscience ............................................................... 16 Article 9 16 Freedom of religion or belief .......................................................................... 16 Article 10 ........................................................................................................ 16 Right of peaceful assembly............................................................................. 16 Article 11 ........................................................................................................ 17 Freedom of association ................................................................................... 17 Division 4--Privacy and family rights 17 Article 12 ........................................................................................................ 17 Right to protection from arbitrary interference............................................... 17 Article 13 ........................................................................................................ 18 Right to marry and to found a family ............................................................. 18 Article 14 ........................................................................................................ 18 Rights of the child........................................................................................... 18 Division 5--Freedom of movement 18 Article 15 ........................................................................................................ 18 Rights of persons in Australia......................................................................... 18 Article 16 ........................................................................................................ 19 Right to enter Australia................................................................................... 19 Article 17 ........................................................................................................ 19 Right to leave Australia .................................................................................. 19 Division 6--Life, liberty and criminal process 19 Article 18 ........................................................................................................ 19 Right to life ..................................................................................................... 19 Article 19 ........................................................................................................ 19 Liberty and security of person ........................................................................ 19 Article 20 ........................................................................................................ 20 Slavery and forced labour ............................................................................... 20 Article 21 ........................................................................................................ 20 Right to be informed of reasons for arrest or detention and of charges .......... 20 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 ii [Page Break] Right to remain silent and to have access to lawyer ....................................... 20 Article 23 ........................................................................................................ 20 Hearings, release and trial............................................................................... 20 Article 24 ........................................................................................................ 21 Right to test lawfulness of detention............................................................... 21 Article 25 ........................................................................................................ 21 Presumption of innocence............................................................................... 21 Article 26 ........................................................................................................ 21 Right to fair hearing........................................................................................ 21 Article 27 ........................................................................................................ 21 Rights of the accused relating to trial ............................................................. 21 Article 28 ........................................................................................................ 22 No retrospective criminal offences or penalties.............................................. 22 Article 29 ........................................................................................................ 22 Right of review of conviction and sentence.................................................... 22 Article 30 ........................................................................................................ 22 No trial or punishment for same offence ........................................................ 22 Article 31 ........................................................................................................ 22 Rights when deprived of liberty...................................................................... 22 Article 32 ........................................................................................................ 23 No torture or inhuman treatment and no experimentation without consent ............................................................................................. 23 iii Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 [Page Break] 1 fundamental freedoms of all Australians and all 2 people in Australia, and for related purposes 3 The Parliament of Australia enacts: 4 Part 1--Preliminary 5 1 Short title 6 This Act may be cited as the Parliamentary Charter of Rights and 7 Freedoms Act 2001. 8 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 1 [Page Break] Section 2 2 Commencement 1 (1) Subject to subsection (2), this Act commences on the day on which 2 it receives the Royal Assent. 3 (2) Section 8 commences on the third anniversary of the day on which 4 this Act receives the Royal Assent. 5 3 Objects 6 The objects of this Act are: 7 (a) to promote universal respect for, and observance of, human 8 rights and fundamental freedoms for all persons without 9 discrimination; and 10 (b) to that end, to affirm Australia's commitment to the 11 International Covenant on Civil and Political Rights by 12 enacting a Parliamentary Charter of Rights and Freedoms; 13 and 14 (c) to ensure that any person whose rights or freedoms as set out 15 in the Parliamentary Charter of Rights and Freedoms are 16 infringed by or under any law in relation to which that 17 Charter operates has an effective remedy; and 18 (d) to promote, enhance and secure, as paramount objectives, the 19 freedom and dignity of the human person, equality of 20 opportunity for all persons and full and free participation by 21 all Australians in public affairs and public debate. 22 4 Interpretation 23 (1) In this Act, unless the contrary intention appears: 24 act means an act done: 25 (a) by or on behalf of the Commonwealth or of a State or a 26 Territory; or 27 (b) by or on behalf of an authority of the Commonwealth or of a 28 State or a Territory; 29 being an act done: 30 (c) in relation to an Australian citizen--within or outside 31 Australia; or 32 2 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 [Page Break] Section 4 (d) in any other case--within Australia; 1 Australia includes the external Territories. 2 authority means: 3 (a) in relation to the Commonwealth: 4 (i) a body (whether incorporated or unincorporated) 5 established for a purpose of the Commonwealth by or 6 under a Commonwealth law; or 7 (ii) an incorporated company over which the 8 Commonwealth is in a position to exercise control; or 9 (iii) a person holding or performing the duties of an office or 10 appointment established or made under a 11 Commonwealth law or by the Governor-General or a 12 Minister of State of the Commonwealth; or 13 (iv) a body, or a person holding or performing the duties of 14 an office or appointment, that is declared by the 15 regulations to be an authority of the Commonwealth for 16 the purposes of this Act; 17 (b) in relation to a State: 18 (i) a body (whether incorporated or unincorporated) 19 established for a purpose of the State by or under a law 20 of the State; or 21 (ii) an incorporated company over which the State is in a 22 position to exercise control; or 23 (iii) a person holding or performing the duties of an office or 24 appointment established or made under a law, or by the 25 Governor or a Minister, of the State; or 26 (iv) a local government body in the State; or 27 (v) a body, or a person holding or performing the duties of 28 an office or appointment, that is declared by the 29 regulations to be an authority of the State for the 30 purposes of this Act; and 31 (c) in relation to a Territory: 32 (i) a body (whether incorporated or unincorporated) 33 established for a purpose of the Territory by or under a 34 Territory law; or 35 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 3 [Page Break] Section 4 (ii) an incorporated company over which the Territory is in 1 a position to exercise control; or 2 (iii) a person holding or performing the duties of an office or 3 appointment established or made under a law, or by an 4 administrator or a Minister, of the Territory; or 5 (iv) a body, or a person holding or performing the duties of 6 an office or appointment, that is declared by the 7 regulations to be an authority of the Territory for the 8 purposes of this Act. 9 Charter or Charter of Rights and Freedoms means the 10 Parliamentary Charter of Rights and Freedoms set out in 11 Schedule 1. 12 Commission means the Human Rights and Equal Opportunity 13 Commission established by the Human Rights and Equal 14 Opportunity Commission Act 1986. 15 Covenant means the International Covenant on Civil and Political 16 Rights, a copy of the English text of which is set out in Schedule 1 17 of the Human Rights and Equal Opportunity Commission Act 18 1986, as that International Covenant applies in relation to 19 Australia. 20 law means a law of the Commonwealth, a law of a State or a law of 21 a Territory. 22 practice means a practice engaged in: 23 (a) by or on behalf of the Commonwealth or of a State or a 24 Territory; or 25 (b) by or on behalf of an authority of the Commonwealth or of a 26 State or a Territory; 27 being a practice engaged: 28 (c) in relation to an Australian citizen--within or outside 29 Australia; or 30 (d) in any other case--within Australia. 31 proposed law means: 32 (a) a proposed law introduced into the Parliament of the 33 Commonwealth or of a State or a Territory; or 34 4 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 [Page Break] Section 5 (b) a proposed law prepared on behalf of: 1 (i) the Government of the Commonwealth or of a State or a 2 Territory; or 3 (ii) a Minister of State of the Commonwealth or of a State 4 or a Territory; or 5 (iii) a body established by law that has the function of 6 recommending proposed laws of the Commonwealth or 7 of a State or a Territory. 8 responsible Minister means the Commonwealth, State or Territory 9 Minister responsible for the administration of the matter to which 10 the law, proposed law, act or practice relates. 11 (2) A reference in this Act to a law or a proposed law includes a 12 reference to any instrument or proposed instrument (including a 13 rule, regulation, by-law, award, determination, order or direction) 14 made, granted or issued under a power conferred by such a law or 15 proposed law. 16 (3) In this Act: 17 (a) a reference to, or to the doing of, an act includes a reference 18 to a refusal or failure to do an act; and 19 (b) a reference, in relation to the doing of an act or the engaging 20 in of a practice, to the person who did the act or engaged in 21 the practice shall, in the case of an act done or practice 22 engaged in by an unincorporated body of persons, be read as 23 a reference to that body. 24 5 Interpretation of Charter 25 For the purposes of the interpretation of the Charter of Rights and 26 Freedoms, each Article of the Charter shall be taken to be a section 27 of this Act. 28 6 Extent to which Act binds the Crown 29 (1) This Act binds the Crown in right of the Commonwealth, each of 30 the States and the Territories. 31 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 5 [Page Break] Section 7 (2) Nothing in this Act renders the Crown in right of the 1 Commonwealth or of a State or a Territory liable to be prosecuted 2 for an offence. 3 7 Extension to external Territories 4 This Act extends to every external Territory. 5 8 Application of Charter 6 (1) Subject to subsection (2), any provision of a law, whether passed 7 or made before, on or after the commencing day of this Act, that is 8 inconsistent with a provision of this Act does not, to the extent of 9 the inconsistency, have any force or effect. 10 (2) Subsection (1) does not apply in relation to a provision of a 11 Commonwealth, State or Territory law if an Act expressly declares 12 that provision shall operate notwithstanding this Act. 13 (3) A declaration made under subsection (2) ceases to have effect two 14 years after it comes into force or on such earlier date as may be 15 specified in the declaration. 16 (4) The Parliament of the Commonwealth or of a State or a Territory 17 may re-enact a declaration made under subsection (2). 18 (5) Subsection (3) applies in respect of a re-enactment made under 19 subsection (4). 20 (6) The rights and freedoms set out in this Act are in addition to, and 21 not in derogation of, any other rights and freedoms of the 22 individual under the laws of the Commonwealth or of a State or a 23 Territory and this Act is not intended to exclude or limit the 24 operation of any of those laws in so far as they can operate 25 concurrently with the provisions of this Act. 26 (7) Nothing in this Act may be interpreted as implying any right to 27 engage in any activity or perform any act that is restrictive of any 28 of the rights and freedoms recognised in this Act or limits any of 29 those rights and freedoms to a greater extent than is provided in 30 this Act. 31 6 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 [Page Break] Section 9 9 Interpretation of legislation 1 Notwithstanding anything in any other law relating to the 2 construction or interpretation of legislation, in the interpretation of 3 a provision of a Commonwealth or of a State or a Territory law a 4 construction of the provision that would result in the law not being 5 in conflict with the Charter of Rights and Freedoms, or that would 6 further the objects of this Act, shall be preferred to any other 7 construction. 8 10 No rights of action or criminal liability under Charter 9 (1) Nothing in the Charter of Rights and Freedoms confers on a person 10 any right of action in respect of the doing of an act that infringes a 11 right or freedom set out in the Charter. 12 (2) Nothing in this Act renders any person liable to any criminal 13 proceedings in respect of the doing of an act that infringes a right 14 or freedom set out in the Charter. 15 11 Powers of courts in criminal proceedings 16 (1) Where, in proceedings against a person for a criminal offence, the 17 court is satisfied that evidence tendered to the court was obtained 18 in a manner that infringed a right or freedom set out in the Charter, 19 the court shall refuse to admit that evidence in the proceedings 20 unless it is satisfied that: 21 (a) admission of the evidence would substantially benefit the 22 public interest in the administration of criminal justice; and 23 (b) that benefit would outweigh any prejudice to the rights and 24 freedoms of any person, including the defendant, that has 25 occurred or is likely to occur as a result of the infringement 26 or the admission of the evidence. 27 (2) Where, in proceedings against a person for a criminal offence, the 28 court is satisfied that a right or freedom of that person set out in the 29 Charter has been infringed, the court may, subject to subsection 30 (1), make such order as it considers appropriate and just in all the 31 circumstances to ensure that the administration of justice is not 32 brought into disrepute by reason of that infringement. 33 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 7 [Page Break] Section 11 (3) In this section, proceedings means proceedings under a law of the 1 Commonwealth or of a State or a Territory. 2 8 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 [Page Break] Section 12 1 Part 2--Parliamentary Charter of Rights and 2 Freedoms 3 12 Parliamentary Charter of Rights and Freedoms 4 The Parliamentary Charter of Rights and Freedoms is set out in 5 Schedule 1 which has effect according to its terms. 6 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 9 [Page Break] Section 13 Part 3--Functions of Human Rights and Equal 1 Opportunity Commission 2 13 Functions of Human Rights and Equal Opportunity Commission 3 (1) In addition to the functions of the Commission under the Human 4 Rights and Equal Opportunity Commission Act 1986, the 5 Commission has the following functions: 6 (a) to inquire into any act or practice that may infringe a right or 7 freedom set out in the Charter, and: 8 (i) where the Commission considers it appropriate to do 9 so--to endeavour, by conciliation, to effect a settlement 10 of the matters that gave rise to the inquiry; and 11 (ii) where the Commission is of the opinion that the act or 12 practice infringes a right or freedom set out in the 13 Charter, and the Commission has not considered it 14 appropriate to endeavour to effect a settlement of the 15 matters that gave rise to the inquiry or has endeavoured 16 without success to effect such a settlement--to report to 17 the Minister in relation to the inquiry; and 18 (b) to promote an understanding and acceptance in Australia of 19 the rights and freedoms set out in the Charter and of the 20 objects of this Act, and to promote the protection of those 21 rights and freedoms in Australia; and 22 (c) to undertake research and educational programs, and other 23 programs, on behalf of the Commonwealth for the purpose of 24 promoting the rights and freedoms set out in the Charter and 25 the objects of this Act; and 26 (d) to examine laws and, when requested by the Minister, 27 proposed laws for the purpose of ascertaining whether the 28 laws or proposed laws are, or would be, in conflict with the 29 Charter, and to report to the Minister the results of any such 30 examination; and 31 (e) on its own initiative or when requested by the Minister, to 32 report to the Minister as to the laws that should be made by 33 the Parliament, or action that should be taken by the 34 10 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 [Page Break] Section 14 Commonwealth, on matters relating to the rights and 1 freedoms set out in the Charter; and 2 (f) where the Commission considers it appropriate to do so, with 3 the leave of the court hearing the proceedings and subject to 4 any conditions imposed by the court, to intervene in 5 proceedings relating to a matter arising under this Act; and 6 (g) to do anything incidental or conducive to the performance of 7 any of the preceding functions. 8 14 Performance of functions of Commission in relation to Charter 9 (1) Subject to subsection (2), the powers and duties of the Commission 10 in relation to the Charter of Rights and Freedoms are the same as 11 those set out in Part 2, Division 3 of the Human Rights and Equal 12 Opportunity Commission Act 1986. 13 (2) Before commencing to inquire, under this Act, into an act or 14 practice, the Commission shall inform the person who appears to 15 the Commission to be the responsible Minister in relation to the act 16 or practice that the Commission proposes to inquire into the act or 17 practice. 18 15 Reporting to Parliament 19 (1) The Minister shall cause a copy of every report furnished to the 20 Minister by the Commission under paragraph 13(a), (d) or (e) to be 21 laid before each House of the Parliament within 15 sitting days of 22 that House after the report is received by the Minister. 23 (2) Where the Commission furnishes to the Minister under paragraph 24 13(a), (d) or (e) a report that relates to: 25 (a) a State or Territory law, or a proposed State or Territory law; 26 or 27 (b) an act done or practice engaged in: 28 (i) by or on behalf of a State or Territory; or 29 (ii) by or on behalf of an authority of a State or a Territory; 30 the Minister shall immediately furnish a copy of the report to the 31 Attorney-General of that State or Territory. 32 (3) The Minister: 33 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 11 [Page Break] Section 15 (a) shall not cause a copy of a report of the kind referred to in 1 subsection (2) to be laid before either House of the 2 Parliament until: 3 (i) the expiration of 30 days after a copy of the report was 4 furnished to the Attorney-General of the State or 5 Territory concerned under subsection (2); or 6 (ii) the Minister receives from the Attorney-General of the 7 State or Territory concerned a statement relating to the 8 law, act or practice to which the report related; 9 whichever happens first; and 10 (b) shall cause a copy of the report to be laid before each House 11 of the Parliament within 15 sitting days after the occurrence 12 of the earlier of the events referred to in subparagraphs (a)(i) 13 and (ii); and 14 (c) if the event referred to in subparagraph (a)(ii) is the first to 15 occur, or if, before the report is laid before either House of 16 the Parliament pursuant to paragraph (b), the Minister 17 receives from the Attorney-General concerned a statement of 18 the kind referred to in subparagraph (a)(ii)--shall cause a 19 copy of the statement to be attached to each copy of the 20 report that is laid before a House of the Parliament pursuant 21 to paragraph (b). 22 12 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 [Page Break] Section 16 1 Part 4--Miscellaneous 2 16 Regulations 3 (1) The Governor-General may make regulations, not inconsistent with 4 this Act, prescribing matters: 5 (a) required or permitted by this Act to be prescribed; or 6 (b) necessary or convenient to be prescribed for carrying out or 7 giving effect to this Act. 8 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 13 [Page Break] Division 1 General Schedule 1--Parliamentary Charter of Rights 1 and Freedoms 2 Division 1--General 3 Article 1 4 Entitlement to rights and freedoms without discrimination 5 (1) Every person is entitled to equality before the law and to the 6 human rights and fundamental freedoms set out in this Charter 7 without discrimination and, in particular, without discrimination 8 based on age, race, colour, sex, sexuality, transgender identity, 9 language, religion, political or other opinion, national or social 10 origin, property, birth, mental or physical disability or other status. 11 (2) Men and women have the equal right to the enjoyment of the 12 human rights and fundamental freedoms set out in this Charter. 13 Article 2 14 Effect of Charter on existing rights and freedoms 15 A right or freedom existing under, or recognised by, any other law 16 shall not be taken to have been diminished or derogated from by 17 reason only that the right or freedom is not set out in this Charter. 18 Article 3 19 Permissible limitations 20 (1) The rights and freedoms set out in this Charter are subject only to 21 such reasonable limitations prescribed by law as can be 22 demonstrably justified in a free and democratic society. 23 (2) A right or freedom set out in this Charter shall not be limited by 24 any law to any greater extent than is permitted by the Covenant. 25 14 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 [Page Break] Non-discrimination Division 2 Division 2--Non-discrimination 1 Article 4 2 Equal protection of the law 3 (1) Every person has the right without any discrimination to the equal 4 protection of the law. 5 (2) Nothing in this Charter affects the operation of any earlier or later 6 law by reason only of the fact that the law discriminates in favour 7 of a class of persons for the purpose of redressing any disabilities 8 particularly suffered by that class or arising from discrimination 9 against that class. 10 Article 5 11 Rights of minority groups 12 Persons who belong to an ethnic, religious or linguistic minority 13 have the right, in community with other members of their own 14 group, to enjoy their own culture, to profess and practise their own 15 religion, or to use their own language. 16 Division 3--Fundamental political rights 17 Article 6 18 Right of participation in public life 19 Every Australian citizen has the right and shall have the 20 opportunity: 21 (a) to take part in the conduct of public affairs, directly or 22 through freely chosen representatives; and 23 (b) to vote and to be elected at genuine periodic elections, which 24 shall be by universal and equal suffrage and by secret ballot, 25 guaranteeing the free expression of the will of the electors; 26 and 27 (c) to have access on general terms of equality to public 28 employment. 29 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 15 [Page Break] Division 3 Fundamental political rights Article 7 1 Freedom of expression 2 Every person has the right to freedom of expression, including the 3 freedom of the press and other media of communication, and the 4 freedom to seek, receive and impart ideas or information of any 5 kind in any form, without interference and regardless of frontiers. 6 Article 8 7 Freedom of thought and conscience 8 Every person has the right to freedom of thought and conscience, 9 including the right to hold opinions without interference. 10 Article 9 11 Freedom of religion or belief 12 (1) Every person has the right to have or adopt a religion or belief of 13 that person's choice without coercion of any kind, and to manifest 14 that religion or belief in worship, observance, practice and 15 teaching, whether individually or in community with others and 16 whether in public or in private. 17 (2) Every person has the right not to adopt a religion or belief and, 18 subject to Article 14(d), no person shall be compelled to participate 19 in worship or religious ceremony. 20 Article 10 21 Right of peaceful assembly 22 Every person has the right of peaceful assembly. 23 16 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 [Page Break] Privacy and family rights Division 4 Article 11 1 Freedom of association 2 Every person has the right to freedom of association with others, 3 including the right to form and join trade unions for the protection 4 of that person's interests. 5 Division 4--Privacy and family rights 6 Article 12 7 Right to protection from arbitrary interference 8 Every person has the fundamental right to the protection from 9 arbitrary or unlawful interference with their dignity, their privacy, 10 the integrity of their person, their reputation and the security of 11 their residence and any other premises. This fundamental right 12 exists throughout Australia in all jurisdictions. For the purposes of 13 giving effect to this right, a search, entry or seizure is unlawful 14 unless: 15 (a) made pursuant to a warrant issued by a judicial officer upon 16 reasonable grounds, supported by oath or affirmation, 17 particularly describing the purpose of the search, who or 18 what is to be searched and what is to be seized; or 19 (b) made pursuant to a law authorising search, entry or seizure, 20 where search, entry or seizure so authorised is: 21 (i) necessary to protect life or public safety; or 22 (ii) justified by some compelling need for immediate action; 23 or 24 (c) full and free consent is given to the search or entry, provided 25 that the consent is ongoing and a warning was given as to the 26 consequences of the giving of consent; or 27 (d) made pursuant to a grant of power of search or entry to 28 determine whether a person has complied with legislation 29 which imposes a commercial levy in relation to a serious 30 matter, in circumstances where the legislation provides for 31 this in specific terms and there is no other reasonably 32 practicable means of assessing compliance; or 33 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 17 [Page Break] Division 5 Freedom of movement (e) made pursuant to a grant of power of entry and search to 1 determine whether a person has complied with legislation 2 under which that person has accepted a commercial benefit, 3 subject to being monitored by entry and search. 4 Article 13 5 Right to marry and to found a family 6 Recognising the importance of the family in its many forms: 7 (a) every person of marriageable age has the right to marry and 8 to found a family; and 9 (b) no marriage shall be entered into without the free and full 10 consent of the intending spouses. 11 Article 14 12 Rights of the child 13 Recognising that every child has the right to such measures of 14 protection as are required by the child's age: 15 (a) every child is entitled to the fundamental rights and freedoms 16 set out in this Charter to the greatest extent compatible with 17 the age of the individual child; and 18 (b) every child shall be registered immediately after birth and 19 shall have a name; and 20 (c) every child has the right to acquire a nationality; and 21 (d) the liberty of parents and legal guardians to ensure the 22 religious and moral education of their children in conformity 23 with their own convictions is to be respected. 24 Division 5--Freedom of movement 25 Article 15 26 Rights of persons in Australia 27 (1) Every person lawfully in Australia has the right to freedom of 28 movement and choice of residence. 29 18 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 [Page Break] Life, liberty and criminal process Division 6 (2) A person who is lawfully in Australia but is not an Australian 1 citizen shall not be required to leave Australia except on such 2 grounds and in accordance with such procedures as are established 3 by law. 4 Article 16 5 Right to enter Australia 6 Every Australian citizen has the right to enter Australia. 7 Article 17 8 Right to leave Australia 9 Every person has the right to leave Australia. 10 Division 6--Life, liberty and criminal process 11 Article 18 12 Right to life 13 Every human being has the inherent right to life and no person 14 shall be arbitrarily deprived of life. 15 Article 19 16 Liberty and security of person 17 (1) Every person has the right to liberty and security of person. 18 (2) No law shall authorise the arbitrary arrest, detention or 19 imprisonment of any person. 20 (3) No person shall be deprived of liberty except on such grounds, and 21 in accordance with such procedures, as are established by law. 22 (4) No person shall be imprisoned merely on the ground of inability to 23 fulfil a contractual obligation. 24 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 19 [Page Break] Division 6 Life, liberty and criminal process Article 20 1 Slavery and forced labour 2 No person shall be held in slavery or servitude or be required to 3 perform forced or compulsory labour. 4 Article 21 5 Right to be informed of reasons for arrest or detention and of 6 charges 7 Any person who is arrested or detained shall be informed at the 8 time of the arrest or detention of the reasons for it, and shall be 9 informed promptly and in detail of any charges in a language 10 which that person understands. 11 Article 22 12 Right to remain silent and to have access to lawyer 13 Any person detained in custody has the right to remain silent and 14 the right to have access to a lawyer before and during questioning. 15 Article 23 16 Hearings, release and trial 17 (1) Any person arrested or detained on a criminal charge shall be 18 brought promptly before a judge, magistrate or justice of the peace. 19 (2) No person awaiting trial shall be unreasonably deprived of the right 20 to release on giving a guarantee to appear for trial. 21 (3) Any person arrested or detained on a criminal charge has the right 22 to be tried within a reasonable time. 23 20 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 [Page Break] Life, liberty and criminal process Division 6 Article 24 1 Right to test lawfulness of detention 2 Any person deprived of liberty has the right to take proceedings 3 before a court for the determination of the lawfulness of the 4 detention and to be released if the court finds that the detention is 5 not lawful. 6 Article 25 7 Presumption of innocence 8 Any person charged with a criminal offence shall be presumed 9 innocent until proved guilty according to law. 10 Article 26 11 Right to fair hearing 12 In the determination of any criminal charge, or of any rights or 13 obligations in a suit at law, every person has the right to a fair and 14 public hearing by a competent, independent and impartial tribunal. 15 Article 27 16 Rights of the accused relating to trial 17 Every person who is charged with a criminal offence has the right: 18 (a) to be informed of the right to obtain legal assistance; and 19 (b) to communicate with a lawyer; and 20 (c) to receive legal assistance without cost if the interests of 21 justice so require and the person lacks sufficient means to 22 pay for the assistance; and 23 (d) to have adequate time and facilities to prepare a defence; and 24 (e) to be present at any trial relating to the offence and to present 25 a defence; and 26 (f) to examine the witnesses against the person; and 27 (g) to obtain the attendance of, and to examine, witnesses for the 28 person; and 29 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 21 [Page Break] Division 6 Life, liberty and criminal process (h) to have the free assistance of an interpreter if the person 1 cannot understand or speak the language used in court; and 2 (i) not to be compelled to testify or confess guilt; and 3 (j) in the case of a child, to be dealt with in a manner which 4 takes account of the child's age. 5 Article 28 6 No retrospective criminal offences or penalties 7 (1) No person shall be convicted of any criminal offence on account of 8 any act or omission which did not constitute a criminal offence at 9 the time when it occurred. 10 (2) No person convicted of any criminal offence shall be liable to a 11 heavier penalty than was applicable at the time the offence was 12 committed. 13 Article 29 14 Right of review of conviction and sentence 15 Every person convicted of a criminal offence has the right to have 16 the conviction or sentence reviewed by a higher tribunal according 17 to law. 18 Article 30 19 No trial or punishment for same offence 20 No person finally convicted or acquitted of a criminal offence shall 21 be tried or punished again for the same offence or for substantially 22 the same offence arising out of the same facts. 23 Article 31 24 Rights when deprived of liberty 25 (1) Every person deprived of liberty has the right to be treated with 26 humanity and with respect for the inherent dignity of the human 27 person. 28 22 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 [Page Break] Life, liberty and criminal process Division 6 (2) So far as is practicable: 1 2 (a) accused persons shall be segregated from convicted persons, 3 and shall be treated in a manner appropriate to their status as 4 unconvicted persons; and 5 (b) accused children shall be segregated from accused adults; 6 and 7 (c) convicted children shall be segregated from convicted adults, 8 and shall be treated in a manner appropriate to their age and 9 legal status. 10 Article 32 11 No torture or inhuman treatment and no experimentation without 12 consent 13 14 (1) No person shall be subjected to torture or to cruel, inhuman or 15 degrading treatment or punishment. 16 (2) No person shall be subjected to medical or scientific 17 experimentation without that person's free consent. 18 Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 23 [Page Break] Parliamentary Charter of Rights and Freedoms Bill 2001 No. , 2001 1