Right to a lawyer
10.108 It is important to distinguish between two senses in which a person may be said to have a right to a lawyer. The first (negative) sense essentially means that no one may prevent a person from using a lawyer. The second (positive) sense essentially suggests that governments have an obligation to provide a person …
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Read moreA common law principle
9.1 One element of the rule of law is that laws are capable of being known in advance so that people subject to those laws can exercise choice and order their affairs accordingly. It follows that laws should not retrospectively change legal rights and obligations, or create offences with retrospective application. The principle that a …
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Read moreLaws with retrospective operation
9.26 Commonwealth laws with retrospective operation have been identified in a range of contexts including in criminal laws, taxation laws and migration laws. These laws are summarised below. Some of the justifications that have been advanced for laws that have retrospective operation, and public criticisms of laws on that basis, are also discussed.[42]Criminal laws9.27 The …
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Read moreLaws that interfere with property rights
8.43 A range of statutory provisions may be characterised as interfering with vested property rights—whether or not this interference may be considered justified. 8.44 The Lands Acquisition Act 1989 (Cth) is the key piece of legislation concerning Commonwealth acquisition of land. With some exceptions, the Commonwealth cannot acquire an interest in land[59] other than in …
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Read moreLaws that interfere with freedom of association
5.27 A wide range of Commonwealth laws may be seen as interfering with freedom of association, broadly conceived. Some of these laws impose limits on freedom of association that have long been recognised by the common law, for example, in relation to consorting with criminals and preserving public order. Arguably, such laws do not encroach …
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Read moreThe common law
4.1 Generally speaking, Australians enjoy significant religious freedom, particularly by comparison to other jurisdictions. Australians enjoy the freedom to worship and practise religion, as well as the freedom not to worship or engage in religious practices.4.2 The common law provides limited protection for freedom of religion.[1] The scope of religious freedom at common law is …
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Read moreLaws that interfere with freedom of speech
3.30 A wide range of Commonwealth laws may be seen as interfering with freedom of speech and expression, broadly conceived. Some of these laws impose limits on freedom of speech that have long been recognised by the common law, for example, in relation to obscenity and sedition. Arguably, such laws do not encroach on the …
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Read moreMichael Kirby Lecture 2015 | Re-imagining Law Reform—Michael Kirby’s Vision, Human Rights and the Australian Law Reform Commission in the 21st Century
Professor Rosalind Croucher AM*,President, Australian Law Reform Commission, 9 July 2015, Southern Cross University.IntroductionVice-Chancellor Peter Lee, Deputy Vice-Chancellor, Research, Professor Geraldine Mackenzie, Dean Rocque Reynolds, Professor Bee-Chen Goh and—the Hon Michael Kirby AC CMG, Chairman Emeritus of the Australian Law Reform Commission.I would like to echo Bee-Chen in her warm acknowledgment of the traditional custodians …
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Read moreAccommodation of change to laws and customs
Recommendation 5–1 The definition of native title in s 223 of the Native Title Act 1993 (Cth)should be amended to provide that traditional laws and customs may adapt, evolve or otherwise develop. 5.16 The ALRC recommends that there be explicit acknowledgment in the Native Title Act that traditional laws and customs may adapt, evolve or …
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Read moreContinuity of acknowledgment of traditional laws and customs
Recommendation 5–2 The definition of native title in s 223 of the Native Title Act 1993 (Cth) should be amended to clarify that it is not necessary to establish that the acknowledgment of traditional laws and the observance of traditional customs have continued substantially uninterrupted since sovereignty. Recommendation 5–3 The definition of native title in …
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