Charter of Rights
What’s new?
‘Frequently asked questions about a Charter of Rights.’ This short paper addresses some common questions regarding the adoption of a federal Charter of Rights in Australia. Issues covered include the following:
- What is a Charter of Rights?
- Does Australia have a federal Charter of Rights?
- Which Australian states and territories have a Charter of Rights?
- What is the impact of the state and territory Charters?
- What are the main arguments in favour of a federal Charter of Rights?
- What are the main arguments against a federal Charter of Rights?
- How might a federal Charter of Rights protect human rights in Australia?
- If Australia had a federal Charter of Rights, which human rights would be included?
- Would we need a referendum to introduce a federal Charter of Rights?
- Do other countries have Charters of Rights?
- Where can I find more information on Charter of Rights issues in Australia?
Past projects and publications
HREOC Submissions:
HREOC made a submission to the Australia 2020 Summit in April 2008, supporting the adoption of a federal Charter of Rights.
HREOC has made a number of submissions to consultation processes on Charters of Rights in Australian states:
- In September 2007, HREOC made a submission to the Consultation Committee for a proposed Western Australian Human Rights Act on the Human Rights for WA Discussion Paper and draft Human Rights Bill 2007.
- In December 2006, HREOC made a submission in response to the Tasmania Law Reform Institute Paper: A Charter of Rights for Tasmania?
- In September 2005, HREOC made a submission to the Victorian Consultation Committee on a Proposed Charter of Rights.
Speeches:
The President and Commissioners of HREOC have delivered a range of speeches relating to the debate regarding a federal Charter of Rights. Recent speeches include the following:
- Graeme Innes AM, Human Rights Commissioner, 'Addressing human rights concerns and fostering greater understanding and protection of human rights in Australia' Keynote opening address at the Human Rights Law and Policy Conference 2008: Shaping the National Stage for a New Era of Rights, Melbourne, 16 June 2008
- Tom Calma, Aboriginal and Torres Strait Islander Social Justice Commissioner and Acting Race Discrimination Commissioner, 'Indigenous Rights and the Debate over a Charter of Rights in Australia' Human Rights Law Resource Centre Annual Human Rights Dinner, Melbourne, 4 April 2008.
- Graeme Innes AM, Human Rights Commissioner, 'Human Rights, Governance and Decision Making' Forum of Commonwealth Agencies in NSW, 2008 Government Business Conference, Sydney, 7 March 2008.
- The Hon. John von Doussa QC, President, HREOC, ‘Cross party briefing on a proposed Human Rights Act: Creating a culture of human rights compliance’ Parliament House, Canberra, 28 February 2007.
- Graeme Innes AM, Human Rights Commissioner, ‘The Human Rights and Equal Opportunity Commission and the Protection of Rights at the Federal Level’ ANU Conference on Australian Bill of Rights: The ACT and Beyond, 21 June 2006.
- The Hon. John von Doussa QC, President, HREOC, ‘Why we need an Australian Bill of Rights - a Joint Forum’ speech delivered at the launch of the New Matilda campaign for a Bill of Rights, 7 December 2005.
To read more speeches delivered by HREOC’s President and Commissioners, click here.




