An Australian Bill of Rights

 Michael Organ, Greens Party Member for Cunningham in the House of Representatives, 2002–2004, presented a Bill of Rights to Parliament on 27 February 2004 which contained 32 fundamental rights and freedoms. There was no second and the Bill lapsed. (Walker 2017)

A long history of inaction

The fight for a Bill of Rights through the Australian federal parliament has been a long, and ultimately unsuccessful one (Walker 2017). On 21 November 1973 Lionel Murphy, then Attorney-General in the Whitlam Labor government, introduced a Human Rights Bill into the Senate, seeking to implement the International Covenant on Civil and Political Rights adopted by the United Nations General Assembly in 1966. Murphy's draft Bill was withdrawn the following day and never reintroduced. The Fraser Coalition government was ultimately successful in creating a watered-down Human Rights Commission in 1981. However, there was no Bill of Rights to support it, largely due to right wing and State government opposition. In 1982 the Democrats proposed a Human Rights Bill, but it lapsed. In 1984 the Hawke Labor government announced it would introduce a Bill of Rights, similar to the Murphy Bill. This Bill failed to pass through the Senate due to lack of support from their own Attorney General Lionel Bowen, and filibustering by the Coalition. The Democrats introduced a Charter of Rights and Freedoms Bill in 2001, but it was not supported. Neither was the Australian Bill of Rights introduced that year by Independent Dr. Andrew Theophanous. Likewise, the Australian Greens Bill of Rights and Responsibilities appeared and disappeared during 2004. Following widespread community consultation led by human rights activist and Jesuit priest Frank Brennan, in 2010 the Labor government decided against proceeding with a Human Rights Bill. With both major parties now opposed, and the Independents and minor parties such as the Greens in no position to force their hand, the idea of an Australian Bill of Rights appeared dead in the water, due not so much to public opposition, but rather political weakness on the part of the major parties, fearing a threat to their power base at all levels of government - federal, state and local.

The Australian Greens Bill 2004

On 24 February 2004 Michael Organ, Federal Member for Cunningham in the House of Representatives, introduced the draft Bill of Rights and Responsibilities into the Australian parliament. The Bill was drafted by his parliamentary staffer Kristian Bolwell, a lawyer. A copy of the draft Bill was placed on the member's parliamentary website in the Issues section, and remains archived there. The following summary text supported the introduction of the Bill and a Greens campaign to see it adopted:

The Australian Greens support the general principle of a Bill of Rights and Responsibilities to preserve and enhance the fundamental rights and responsibilities that are essential to human dignity and co-operation and recognise the need for community consultation and participation in the development of such a Bill for the Australian people. The Australian Greens propose that the following areas be enshrined in a Bill of Rights and Responsibilities for Australian people:

a. Civil and Political Issues

• life, liberty and security;
• legal recognition and equality;
• voting and standing for election;
• privacy;
• police custody;
• that relating to an alleged offender;
• standard of criminal procedure;
• that relating to the victim;
• property;
• procedural fairness; 

• freedom:
  

• of religion;
• of thought, conscience and belief;
• of speech and other expression;
• of association;
• to peaceful assembly;
• of movement and residence;
• from discrimination;
• from slavery; and
• from torture, experimentation and treatment;

b. Economic and Social Issues

• education;
• adequate standard of living;
• work;
• legal assistance;
• freedom of family structure; and
• adequate child care. 

c. Community and Cultural Issues 

• living in a safe society;
• collective and individual development;
• that particular to Indigenous peoples;
• culture;
• environmental protection and conservation; and
• ecologically sustainable development.

The draft Bill of Rights and Responsibilities was never seconded, despite efforts to gain the support of Independent members of the House at the time, including Peter Andren, Tony Windsor and Bob Katter. Needless to say, the major parties - the Liberal-National Coalition and the Australian Labor Party - rejected the idea of supporting the proposed Australian Greens Bill. It therefore lapsed and was never discussed on the floor of the House or put to a vote. The content of the draft Bill of Rights and Responsibilities is available here. 

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On 6 August 2004, Michael Organ's office issued a press release calling for an Australian Bill of Rights as a remedy to the scourge of indefinite detention which then, as of now (2021), faced those in immigration detention, including genuine refugees. The text of the press release was as follows:

BILL OF RIGHTS ONE WAY TO DEFEAT
INDEFINITE DETENTION

Greens Federal Member for Cunningham Michael Organ has called for a Bill of Rights to be incorporated into Australian Law to curb the ability of the Government to detain people indefinitely.

“Today, the High Court has found that it is lawful for the Government to lock people up forever without charge. While it may be lawful, it is certainly an affront to decency and human rights. I am appalled at this Government’s rotten policy which allows such a thing to happen.

"These laws make every immigration detention centre in Australia another Guantanamo Bay. At least the United States Courts gave detainees the right to challenge their detention, and all because of the United States Bill of Rights. So it’s a lesson for Australia.

"In the absence of abolishing mandatory detention as the Greens advocate, a Bill of Rights would override punitive laws that allow for people to be locked up forever, and protect us all from these kinds of horrific laws, both now and into the future.

"Minister Vanstone would have you believe that the Government has adopted a softer approach in regard to asylum seekers over recent weeks. Now the facts are revealed and this new found heart is nothing more than a charade.” Michael Organ said.

"The Government is conducting a war on civil liberties, and they must be stopped.”

More from: Michael Organ MP 02 4228 3666, 0439 442 550 / Kristian Bolwell (Adviser) 0411638320

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The Australian Greens retain on their policy platform the achievement of a Bill of Rights (McKim 2018). Whether that ever comes to pass is contingent upon their role in government and level of influence upon the major parties, perhaps enhanced by a balance-of-power situation. Hopefully, with strong community support as in the current (2021) Charter of Rights campaign, this will eventually come to pass. It is sorely needed.

References

Bolwell, Kristian, Australian Bill of Rights and Responsibilities, Michael Organ - Federal Member for Cunningham [webpage], February 2004.

McKim, Nick, Greens push for Bill of Rights, ABC Radio National, 4 January 2018. Duration: 11.24 minutes. Interview with Nick McKim.

Walker, Brian Melbourne, Explaining and Confronting Australia’s Refusal To Adopt a National Bill of Rights, Doctor of Law thesis, School of Law, University of Wollongong, 2017. https://ro.uow.edu.au/theses1/37.

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Last updated: 6 September 2021.

Michael Organ