In AUSTRALIA

1. In AUSTRALIA

2. OUTLINE how human rights are incorporated into Australian domestic law THE INCORPORATION OF HUMAN RIGHTS INTO DOMESTIC LAW You need to know HOW our human rights have been put intoAustralian Law.

3. OUTLINE how human rights are incorporated into Australian domestic law THE INCORPORATION OF HUMAN RIGHTS INTO DOMESTIC LAW Australia DOES NOT HAVEa ‘Bill of Rights’ (a singlelist of rights). This means that human rights in Australia don’t come from ONEsingle source – our human rights come from LOTS of different laws, cases and the Constitution.

4. OUTLINE how human rights are incorporated into Australian domestic law THE INCORPORATION OF HUMAN RIGHTS INTO DOMESTIC LAW UN Treaty Even when Australia has signeda human rights treaty, it doesnot automatically become part of Australian law. The government has to pass a normal law through our parliament to say that people in Australia have the rights we agreed to at the UN. We should just pass the WHOLE agreement, but we never have. There are always SOME rights that we LEAVE OUT, even though we told the UN that we agreed to them. Australian Law

5. OUTLINE how human rights are incorporated into Australian domestic law THE INCORPORATION OF HUMAN RIGHTS INTO DOMESTIC LAW The CONSTITUTION Includes some EXPRESS (“clearly written”) RIGHTS The Executive Can INTERPRET the Constitution to have IMPLIED RIGHTS (rights not written, but the words mean that certain rights DO still exist) Can REFUSE TO SIGN laws passed by parliament if they violate the rights found in the Constitution Governor- General The HIGH COURT Agrees to treaties FEDERAL PARLIAMENT Passes statute laws (including laws that reflect our obligations under human rights treaties we have signed). Starting in 2012, all Bills come with a ‘Statement of Compatibility’, which tells Australians if parliament is passing a law that is incompatible with Australia’s international human rights obligation – Human Rights (Parliamentary Scrutiny) Act 2011) – but even if a Bill fails this test, it doesn’t stop the Bill from becoming a law! PM Ministers Can PASS STATUTES that replace common law decisions (can override the decision by passing a law) Can INTERPRET statute laws to include HR COURTS & TRIBUNALS (there are some long-standing common law rights) APPLY HR statutes to cases INFLUENCE INFLUENCE NGOs THE MEDIA INFLUENCE

6. OUTLINE how human rights are incorporated into Australian domestic law THE INCORPORATION OF HUMAN RIGHTS INTO DOMESTIC LAW The CONSTITUTION Includes some EXPRESS (“clearly written”) RIGHTS The Executive Can INTERPRET the Constitution to have IMPLIED RIGHTS (rights not written, but the words mean that certain rights DO still exist) Can REFUSE TO SIGN laws passed by parliament if they violate the rights found in the Constitution Governor- General The HIGH COURT Agrees to treaties FEDERAL PARLIAMENT Passes statute laws (including laws that reflect our obligations under human rights treaties we have signed). Starting in 2012, all Bills come with a ‘Statement of Compatibility’, which tells Australians if parliament is passing a law that is incompatible with Australia’s international human rights obligation – Human Rights (Parliamentary Scrutiny) Act 2011) – but even if a Bill fails this test, it doesn’t stop the Bill from becoming a law! PM Ministers Can PASS STATUTES that replace common law decisions (can override the decision by passing a law) Can INTERPRET statute laws to include HR COURTS & TRIBUNALS (there are some long-standing common law rights) APPLY HR statutes to cases INFLUENCE INFLUENCE NGOs THE MEDIA INFLUENCE