Justifications for encroachments

8.21       Factors which may inform whether a limitation is justified include:

• the nature of the right affected;
• the importance of the purpose of the limitation;
• the nature and extent of the limitation; and
• its connection to the underlying purpose.

8.22       Bills of rights allow for limits on most rights, but the limits must generally be reasonable, prescribed by law, and ‘demonstrably justified in a free and democratic society’.^[29]

8.23       The ALRC calls for submissions identifying Commonwealth laws that encroach on accepted principles of a fair trial and that are not justified, and explaining why these laws are not justified.