Chapter 16 Flashcards
What are key pieces of Australian legislation which protect human rights?
Australian Human Rights Commission Act 1986
Privacy Act 1988
Age Discrimination Act 2004
Disability Discrimination Act 1999
Racial Discrimination Act 1975
Sex Discrimination Act 1984
Human Rights Parliamentary Scrutiny Act 2011
What are key legislation for Queensland human rights protections?
Anti-Discrimination Act 1991
Legislative Standards Act 1992
Criminal Code 1889
Youth Justice Act 1992
Guardianship and Administration Act 2000
Mental Health Act 2000
Human Rights Act 2019
What are some rights that a prisoner has under the human rights act 209 (QLD)
Right to a lawyer
Right to information
Right to vote
Right to medical attention
Right to make a complaint
Right to complain about discrimination
Right to complain about health services
Right to sue for damages
Right to apply for transfer, including interstate.
Right to prevention of torture
How much protection of freedom of speech is there in Australia?
- Implied right, not constitutional
- Two elements of free speech in Aus – Freedom of Opinion (no restrictions) and Freedom of Expression (right to use any media to express opinions (restricted by some laws to protect human rights)
What specific legislation restrict free speech
Defamation Act 2005
Anti-Discrimination Act 1991
Criminal Code Act 1995
What legislation addresses the right to peaceful protest?
Peaceful Assembly Act 1992
Why is the right to protest regulated?
To protect the general public from injury. People are allowed to protest to express opinions but it has to go through the proper roads to be authorised and meet legal criteria.
How does the Constitution impact freedom of religion?
Protected as a constitutional right under section 116. Prohibits parliament from imposing or establishing religion, or prohibiting religion or religious practices.
What other legislation regulate freedom of religion?
UN Convention - Article 18 ICCPR (protects traditional religions and right to not hold one)
Anti-Discrimination Act 1991 (QLD)
Human Rights Act 2019 (QLD) - Section 20 (freedom of thought, conscience, religion and belief), must take into account ICCPR
Why is the right to trial by jury fundamental?
So everyone can have a fair trial.
Where is the right to trial by jury found?
Section 80 of the Australian Constitution.
What circumstances does the right to trial by jury apply to?
Only applicable to serious indictable offences (district and supreme court cases) and only in Commonwealth areas.
What are the rules surrounding a judge only trial and where are they found?
Found in section 614 of the Criminal Code.
Rules include –
- offender must agree
- only used when trial would unreasonably burden jury with legal complexity or length
- possibility of offences against jury members
- significant pre-trial publicity about case.
How does the media play a vital role in the development of human rights in Australia?
- Source of information mostly separate from government
- addresses public opinion and spreads it to the people who can make change.
What are the key human rights organisations in Australia?
Australian Human Rights Centre
Australian Law Reform Commission
Australian Lawyers for Human Rights
Australian Human Rights Commission
Amnesty International
