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Australian Rights Timeline

1901

On 1 January Australia becomes a federation under a new Constitution. The new federal Parliament passes the Immigration Restriction Act and the Pacific Island Labourers Act giving effect to the White Australia Policy.

 

1902

Commonwealth Franchise Act extends the vote to women.

 

1904

Conciliation and Arbitration Act passed to institutionalise the role of trade unions in collective bargaining and to create the federal industrial arbitration system.

 

1907

The Harvester Judgment establishes the basic wage.

 

1916

Referendum on conscription for war service overseas fails.

 

1917

Second referendum on conscription for war service overseas fails. However, during WW2 and the Vietnam War conscription is imposed by way of statutory provisions.

 

1920

Australia becomes a member of the League of Nations.

 

1927

Royal Commission on the Constitution established to inquire into the powers of the Commonwealth and the working of the Constitution. In 1929 the Royal Commission reports that the Constitution does not attempt to define the relationships of either Federal or State authorities to individuals, with the exception of religion. No action is recommended, however.

 

1944

Constitutional referendum to empower the Commonwealth, for a period of five years, to legislate with respect to 14 matters, which included the rehabilitation of ex-servicemen, national health, family allowance and people of aboriginal race. There were also to be inserted Constitutional guarantees of freedom of speech and religion and safeguards against the abuse of delegated legislative power. The proposal (as a whole) was rejected by just over 54% of voters.

 

1945

Dr H V Evatt as Minister for External Affairs leads Australia's delegation at the 1945 San Francisco Conference, playing a significant role in the drawing up of the UN Charter. Australia joins the United Nations in November.

 

1948

The UN General Assembly adopts the Universal Declaration of Human Rights. Dr Evatt is elected President of the UN General Assembly.

 

1949

Australia ratifies the Genocide Convention but the offence of genocide when committed by Australians only applies outside the territory of Australia.

 

1959

Joint Committee on Constitutional Review rejects submissions calling for a Bill of Rights.

 

1962

Amendment to the Commonwealth Electoral Act 1918 (Cth) entitle Indigenous Australians to enrol to vote but do not make enrolment compulsory as for others.

 

1964

National Service reintroduced with the first conscripts sent to Vietnam in 1966.

 

1967

Constitutional referendum to enable the Commonwealth to legislate on Aboriginal affairs and to include Indigenous people in the national census passed with a Yes vote of almost 91%.

 

1970

Defiance of National Service Act introduced but national service ends in 1972.

 

1972

Australia signs the International Covenant on Civil and Political Rights (ICCPR) but will not ratify for another 8 years.

 

1973

Attorney-General Lionel Murphy introduces the Human Rights Bill 1973 to implement the recently signed ICCPR. It lapses when the Governor-General dismisses the Whitlam Government in November 1975.

 

1975

Australia ratifies the International Convention on the Elimination of All Forms of Racial Discrimination and passes the Racial Discrimination Act 1975 (Cth). Australia also ratifies the International Covenant on Economic, Social and Cultural Rights (ICESCR).

 

1977

NSW Anti-Discrimination Act commences.

 

1981

The first Australian Human Rights Commission is established. The ICCPR is a reference point for its functions but is not made part of Australian law.

 

1983

Australia ratifies the International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Attorney-General Gareth Evans drafts statutory Bill of Rights Bill. Despite receiving Cabinet approval the Bill is never introduced into Parliament.

 

1984

Federal Sex Discrimination Act gives effect to CEDAW. Equal Opportunity Acts introduced in Victoria, WA and SA.

 

1985

Attorney-General Lionel Bowen introduces an Australian Human Rights Bill but it meets with such hostility that it is withdrawn. Nevertheless the Government establishes a Constitutional Commission, assisted by an Advisory Committee on Individual and Democratic Rights under the Constitution.

 

1986

The current Human Rights and Equal Opportunity Commission replaces the former Human Rights Commission. Instruments defining 'human rights' for the purposes of the Commission's complaint handling and advisory functions are the ICCPR, the International Labour Organization Convention on Discrimination in Employment and Occupation (ILO 111), the Declaration of the Rights of the Child, the Declaration on the Rights of Mentally Retarded Persons and the Declaration on the Rights of Disabled Persons.

 

1987

Report from the Advisory Committee on Individual and Democratic Rights under the Constitution recommends the insertion of several new rights in the Constitution including rights to a speedy trial and a right to vote.

 

1988

3 September referendum proposing 4 year maximum terms for federal parliaments, recognition of local government, guarantee of 'one vote one value', including the right to vote and guarantee basic freedoms by extending existing guarantees. All proposals were resolutely defeated. Constitutional Commission final report recommends insertion of a new chapter expressing Rights and Freedoms into the Constitution (based on the Canadian Charter of Rights and Freedoms) but the failure of the referendum ensures rejection.

 

1989

Australia ratifies the Convention Against Torture.

 

1990

Australia signs and ratifies the Convention on the Rights of the Child - soon to be added to the Human Rights and Equal Opportunity Commission Act.
Australia accedes to the Second Optional Protocol to the ICCPR concerning abolition of the death penalty. The protocol is entered into force in Australia in 1991.

 

1991

Australia adopts the First Optional Protocol to the ICCPR entitling individuals to complain about their treatment in Australia directly to the UN Human Rights Committee, having first exhausted reasonably available domestic remedies. Late in the same year the first complaint is submitted by Nick Toonen alleging violation of his right to privacy by Tasmania's Criminal Code, which makes homosexual acts a criminal offence. Two years later, the UN Human Rights Committee agrees with Toonen. Queensland and the ACT enact anti-discrimination legislation. The NT follows in 1992.

 

1992

The High Court rejects the doctrine of terra nullius and recognises Indigenous land interests in the Mabo Case. Presiding Judge Sir Gerard Brennan states that international law (and particularly the Universal Declaration of Human Rights) is a recognised influence on common law.

 

1992

Disability Discrimination Act 1992 (Cth) passes and a Disability Discrimination Commissioner is appointed to the Human Rights and Equal Opportunity Commission.

 

1994

The Commonwealth utilises its 'external powers' and passes the Human Rights (Sexual Conduct) Act 1994, which implements Article 17 of the ICCPR. Tasmania introduces a Sex Discrimination Act which is replaced in 1999 by a comprehensive Anti-Discrimination Act 1998.

 

1995

Racial Hatred Act 1995 (Cth) introduced, extending the coverage of the Racial Discrimination Act 1975.

 


If you require this material in a more accessible or alternative format, please email: paffairs@humanrights.gov.au

Last updated 08 March 2006.