Chapter 16

Question 1

Outline 3 express rights in the constitution

Answer 1

s117, right from discrimination on the basis of state
s116, right to religion
s51(xxxi) right to just compensation for compulsory acquisition of property by the Commonwealth

Question 2

What are two examples of implied rights

Answer 2

• Implied rote to political communication (Nationwide News v Wills 1992)
• Implied right to vote (Roach v Electoral Commissioner 2007)

Question 3

3 examples of statutes protecting rights

Answer 3

Racial Discrimination Act 1975
Sex Discrimination Act 1983
Crimes (Torture) Act 1988

Question 4

Explain how protocols function

Answer 4

Protocols are optional extra treaties which must also be signed and ratified by a country, and have the same power as a covenant. They go into more detail than covenants.

Question 5

Discuss the significance of Castles Case

Answer 5

Castles Case 2010, IVF treatment in prisons, Victoria, showed that government had not taken human rights into account under the charter

Question 6

Discuss the significance of Nona’s case

Answer 6

Nonas case 2012, 14 year delay between warrant and hearing, successfully argued to undergo an appeal using the Human Rights Act 2004

Question 7

What are the three main common law rights

Answer 7

right to a fair trial, right to presumption of innocence, right to silence

Question 8

What are sunset clauses

Answer 8

Clauses built into a statute which causes them to lose effect after a certain duration of time