HUMAN RIGHTS

Question 1

EXPRESSED AND IMPLIED RIGHT

Answer 1

• Expressed rights – minimal rights expressed in the constitution
• Right to vote (s41)
• Right for the commonwealth to acquire property on just terms (s51)
• Right to trial by jury for an indictable offence (s80)
• Freedom of religion (s116)
• Right not to be discriminated against as a result of residence in one state (s117)
• Implied rights – rights that must have been intended in the constitution
  Freedom of political communication

Question 2

the difference between statute law and common law

Answer 2

Statute law in New South Wales (NSW) consists of laws created by the legislative bodies, such as Parliament, through written statutes. Common law, on the other hand, comprises legal principles developed through court decisions over time. Statutes are explicit and codified, while common law evolves through judicial interpretation of precedents.

Question 3

Domestic responses to asylum seekers

Answer 3

Legislation and policies
Migration Act 1958 (Cth)
Indefinite mandatory detention
Bridging Visas
Operation Sovereign Borders and Offshore processing
Non legal measures – media and non-government organisations
Refugee Council of Australia
Asylum Seeker Resource Centre

Question 4

Migration Act 1958 (Cth)

Answer 4

Australia is a signatory to the Refugee Convention (1951).
Forms the legislative basis for all forms of migration in Australia.
There have been many developments in Australia’s policies towards people seeking asylum. These policies all have significant human rights implications.
Some bring Australia’s policies in line with international human rights law, while others could place Australia in breach of its international obligations.

Question 5

Australian Policies:
Indefinite Mandatory Detention

Answer 5

Australia’s detention policies require anyone who is not an Australian citizen and does not have a valid visa to be detained. Their detention continues until they are granted a visa or leave the country. (s 189 Migration Act)
Mandatory detention applies to many groups, including people who overstay their visas or breach their visa conditions. However, it has particularly affected people seeking asylum coming by boat.
Issues:
Breaching international law
Indefinite and prolonged detention

Question 6

Australian policies: Bridging Visas

Answer 6

Bridging visas are temporary visas which allow people to legally reside in the Australian community while they are applying for a longer term visa. Some asylum seekers are released from immigration detention facilities onto bridging visas, allowing them to legally reside in the community while their claims for protection are assessed.

Issues: Asylum seekers who arrived in Australia by boat on or after 13 August 2012 and are granted bridging visas are not permitted to work. As a result of conditions attached to bridging visas, particularly the prohibition on working, some asylum seekers may face poverty or homelessness.

Question 7

Australian Policies: Operation Sovereign Borders and Offshore Processing

Answer 7

Operation Sovereign Borders is a border protection led by the Australian Defence Force, aimed at illegal boat arrivals by asylum seekers arriving by boat to Australia.
Asylum seekers detected in boats in Australian waters have are put in mandatory detention in offshore detention facilities, where they are detained in facilities on the offshore islands of Nauru and Manus Island as their refugee claims are being determined.
Issues:
Human rights abuses
Suppression of the freedom of the press

Question 8

refugee Council of Australia (RCOA)

Answer 8

Established in 1981
Purpose is to promote the development of humane, lawful and constructive policies towards refugee and people seeking asylum
Promotes its cause through advocacy and campaigns