The Australian Law Reform Commission (ALRC) released its interim paper yesterday (3 August 2015) on the Review of Commonwealth Laws for Consistency with Traditional Rights, Freedoms and Privileges.
The Attorney-General, Senator the Hon George Brandis QC, asked the Australian Law Reform Commission to review identify and critically examine Commonwealth laws that encroach upon ‘traditional’ or ‘common law’ rights, freedoms and privileges.
The ALRC’s Terms of Reference, which set out and limit the scope of the Inquiry, state that laws that encroach upon traditional rights, freedoms and privileges should be understood to refer to laws that do the following:
The closing date for submissions to this Issues Paper was 27 February 2015.
In the Interim Report, the ALRC discusses the source and rationale of these important common law rights, freedoms and privileges, and discusses how they have been protected by theConstitution, the Parliament and the courts. The Interim Report also provides an extensive survey of current Commonwealth laws that limit traditional rights, freedoms and privileges and considers how such laws may be justified.
In total, the interim report identifies over 186 respective Commonwealth laws which may breach common law rights, freedoms and privileges in 16 specific areas including:
The closing date for submissions for the interim paper is 21 September 2015.
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- Issues Paper and Current Interim Paper
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