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’.
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.