Statutory Protection Of Rights: Lessons From The Common Law

Key Point

• Courts continue to assume that legislation is drafted on the basis that parliaments will make it clear before rights are taken away - but it's unclear what rights benefit from the presumption.

The protection of human rights is high on the political agenda. The Commonwealth Government has renewed its commitment to the international community by ratifying key human rights instruments, and has launched its National Human Rights Consultation to seek the community's views on human rights in Australia. The consultation follows in the steps of inquiries undertaken in the ACT and Victoria that have led to the enactment of human rights legislation. Like the human rights schemes in those jurisdictions, any future human rights charter at the Commonwealth level is likely to affect the way in which statutory powers and functions are to be exercised by government officers and agencies.