How is the right to justice protected in Australia?

Australia ratified the International Covenant on Civil and Political Rights (1966) on 13 August 1980. Since then, many of the rights to justice in this Covenant are protected under Australian law.

The Charter of Human Rights and Responsibilities Act 2006 (Vic) recognises the right to justice, including the right to:

  • a fair trial (Clause 24);
  • be presumed innocent until proven guilty (Clause 25);
  • not be tried more than once for the same offence (Clause 26); and
  • protection against prosecution for retrospective criminal offences (Clause 27).

The Human Rights Act 2004 (ACT) recognises the right to justice, including the right to:

  • a fair trial (Clause 21);
  • be presumed innocent until proven guilty (Clause 22);
  • not be tried more than once for the same offence (Clause 24);
  • protection against prosecution for retrospective criminal offences (Clause 25); and
  • compensation for unlawful arrest or detention (Clause 23).

Federal law also recognises the right to protection against prosecution for retrospective criminal offences under Division 268 of the Criminal Code Act 1995 (Cth). In addition, there are a number of Federal laws which create a framework for the protection of the right to justice in Australia and create protection against specific forms of discrimination, such as:

  • Human Rights Act (Sexual Conduct) Act 2004 (Cth);
  • Age Discrimination Act 2004 (Cth);
  • Racial Discrimination Act 1975 (Cth);
  • Sex Discrimination Act 1984 (Cth);
  • Racial Hatred Act 1995 (Cth);
  • Australian Law Reform Commission Act 1996 (Cth);
  • Australian Human Rights Commission Act 1981 (Cth); and
  • Disability Discrimination Act 1992 (Cth).

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