19.1 The ALRC has been asked to look at laws that interfere with ‘any other similar legal right, freedom or privilege’—similar, that is, to the 19 traditional or common law rights, freedoms and privileges listed in the Terms of Reference. The list in this chapter is drawn from various lists of common law rights discussed in the context of the principle of legality. The list does not therefore include other important rights, such as the right to work, social security, housing and privacy, many of which are set out in the International Covenant on Economic, Social and Cultural Rights.
19.2 The ALRC invites submissions addressing the following question.
Question 19–1 Which Commonwealth laws unjustifiably encroach on other common law rights, freedoms and privileges, and why are these laws unjustified?
This principle of statutory construction is discussed in Ch 1. Although there is some overlap, the list in this chapter does not include the rights and freedoms that are listed in the Terms of Reference and discussed earlier in the paper. The list and accompanying citations is taken from similar lists in DC Pearce and RS Geddes, Statutory Interpretation in Australia (LexisNexis Butterworths, 8th ed, 2014); James Spigelman, ‘The Common Law Bill of Rights’ (2008) 3 Statutory Interpretation and Human Rights: Mcpherson Lecture Series; George Williams and David Hume, Human Rights under the Australian Constitution (OUP, 2nd ed, 2013); Momcilovic v The Queen (2011) 245 CLR 1, 177  (Heydon J).
The right to privacy is discussed in Australian Law Reform Commission, Serious Invasions of Privacy in the Digital Era, Final Report 123 (2014).