Australia protects human rights via:

• A Human Rights Act and the constitution

• The constitution and common law

• Statute law, common law and the constitution

• Statute law, common law and a Human Rights Act

Categorise each right as either an express or implied constitutional right.

Groups:

(a) Express rights

,

(b) Implied rights

• Freedom from discrimination based on state of residence

• Trial by jury for Commonwealth indictable offences

• Right to just terms in exchange for compulsory acquisition of property

• Freedom of religion

• Freedom of political communication

• Right to vote

• Freedom from taxation on trade or commerce between states.

Identify the way human rights can be protected by common law (select multiple)

• The courts upholding rights contained in statute law

• The courts establishing new rights via precedent

• The courts creating a new statute that protects rights

• The courts invalidating a statute that restricts rights

The legal authority and responsibility of an independent state to govern and regulate its political affairs without foreign interference is known as...

Reorder the following

• Australia becomes signatory to an international treaty, indicating support for its terms.

• The terms of the treaty become legally enforceable within Australia.

• Australia ratifies the treaty by incorporating its terms into domestic statute law.

How do we change the constitution?

• A double majority is needed: >50% of the population + 4/6 states must vote yes.

• The parliament can change the constitution through the legislative process.

• A majority of Australian adults must vote yes to change it.

• The High Court can change the constitution by establishing a new precedent.

Organise these features into benefits and disadvantages of statute law in protecting human rights.

Groups:

(a) Benefits

,

(b) Disadvantages

• Democratic - people can vote a parliament in or out if they want rights added or removed.

• Clear guidelines - provides a clear framework for rights and responsibilities.

• Easily politicised - rights can be limited or taken away by a new government very easily.

• Limited - statute law mainly protects the right to freedom from discrimination

• Inconsistent - statute law varies from state to state.

• It is flexible - it can be easily updated by parliament to address new rights and issues.

The right of an asylum seeker not to be returned to a place where they may face threats or danger is known as​ (a)   .

Being detained for an undisclosed and potentially never ending period of time is known as​ (b)   .

Under the Migration Act 1958, any person who sets foot in Australia without a valid visa is subject to​ (c)   .

• non-refoulement
• indefinite detention
• mandatory detention

In 2023, a high court case overturned 20 years of refugee and asylum seeker policy by declaring indefinite detention to be unlawful. This case was called...

• Biloela v The Queen

• Al-Kateb v Godwin

• The Tampa Affair

• NZYQ v Minister for Immigration

Complete the human rights instruments below with correct citation.

Refugee Convention​ (a)  

Convention Against​ (b)   1984

​ Universal Declaration of ​ (c)   ​ 1948

Convention on the Rights of the Child ​ (d)  

International Covenant on ​ (e)   1966

• Torture
• 1951
• Human Rights
• 1989
• Civil and Political Rights