15.09.2014
For its Freedoms Inquiry, the ALRC is creating a catalogue of Australian Commonwealth laws that limit or encroach upon—whether justifiably or not—traditional rights, freedoms and privileges. We invite you to contribute to the catalogue using our online wiki.
Instructions
To contribute, please add relevant laws to the tables we have created. There is a separate page for each of the 19 rights, freedoms and privileges set out in our Terms of Reference, and another page for any other traditional right, freedom or privilege. The pages are all in this folder.
The ALRC has been asked to consider corporate and commercial law, environmental law and workplace relations law, but the Inquiry is not limited to these areas.
We need two things:
- In the first column of the relevant table, identify the law that limits or encroaches on the particular right, freedom or privilege—the name of the statute and, if possible, the section number;
- In the second column of the table, briefly explain how the law encroaches on the right, freedom or privilege.
Some examples are set out below.
Anyone is able to view the tables, but to make changes please email the ALRC’s Web Manager (or phone on 02 8238 6305) for access as an ‘editor’. Note, once you are made an editor, your email address will be visible to other editors.
If you prefer, perhaps to remain anonymous, you may instead email your list of laws to freedoms_wiki@alrc.gov.au—and we will add them to the catalogue for you.
Note – At this stage, we are not looking for comment on whether these laws are justified. We want the catalogue to include both laws that are appropriately justified, and laws that may not be. There will be an opportunity to explain whether you think the laws are justified when we call for submissions later in the Inquiry.
Please only add references to Commonwealth legislation—not state or territory legislation.
Please do not delete contributions made by other people. If you think something has been added that should not have been, please just add a polite comment in the table.
Examples
The following table contains some examples of laws that may encroach upon traditional rights, freedoms and privileges.
Commercial law and the privilege against self-incrimination
Legislation | Brief description of how the law encroaches on the relevant right, freedom or privilege |
Australian Securities and Investments Commission Act 2001 (Cth) s 68 | In ASIC investigations, the prospect of self-incrimination is not a reasonable excuse for a person to refuse or fail to provide information to ASIC. This excludes the right to claim the privilege against self-incrimination. |
Environmental law and strict liability offences
Legislation | Brief description of how the law encroaches on the relevant right, freedom or privilege |
Environment Protection Biodiversity and Conservation Act 1999 (Cth) s 229A | This provision creates a strict liability offence for killing or injuring a cetacean in an Australian Whale Sanctuary or its outer limits. |
Workplace relations law and immunity from liability in tort
Legislation | Brief description of how the law encroaches on the relevant right, freedom or privilege |
Fair Work Act 2009 (Cth) s 415 | This is an immunity provision, providing that no action—which would include an action in tort—lies under any law in force in a State or Territory in relation to protected industrial action, subject to some exceptions. |
Other laws
Legislation | Brief description of how the law encroaches on the relevant right, freedom or privilege |
Crimes Act 1914 (Cth) s 3ZQR | A person is not excused from providing documents to the Australian Federal Police on the grounds of lawyer-client privilege where the AFP is investigating a serious offence or a serious terrorism offence under s 3ZQN or s 3ZQO. |