Democratic Freedoms
Our vision is an Australian democracy in which civil society is robust and vibrant; public debate is informed, fair and diverse; government is open and accountable; and the wellbeing of people and the planet are at the heart of every government decision.
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Defending our freedom to gather together and protest
The Human Rights Law Centre defends protest rights to ensure that Australians are free to gather together and speak out on the things that they care about. From winning the right to vote for women to saving the Franklin River, the power of protest has been vital in achieving positive change in Australia.
Despite the 2017 defeat of Tasmania’s harsh anti-protest laws in the High Court, we are seeing a worrying proliferation of antiprotest laws that restrict people’s ability to engage in peaceful protest. These laws strike at the heart of our democracy. And the Human Rights Law Centre has been at the centre of efforts to respond.
In October 2019, in the wake of several high-profile climate action protests, the Queensland Parliament passed a law that unreasonably criminalises peaceful protest tactics with penalties of up to two years. The Palaszczuk Government failed to provide any evidence to support their claims that the new laws were needed.
The NSW Government also introduced harsh, unnecessary proposed laws targeting protest activity on agricultural and forestry land, including public land.
At the Federal level, the Morrison Government introduced laws in 2019 targeting agricultural protest and announced it would seek to outlaw secondary boycott campaigns that try to pressure Australian companies not to do business with other companies involved in environmental harm or human rights violations.
We will continue to push for the withdrawal, amendment or repeal of excessive anti-protest laws and explore options for challenging them in the courts.
Latest News
The Human Rights Law Centre has expressed alarm about an expansive new law proposed by Home Affairs Minister Peter Dutton that would give federal police invasive powers to takeover people’s online accounts and monitor online activity.
Australia’s human rights performance was in the spotlight tonight as the Australian Government appeared before the UN Human Rights Council in Geneva for its major human rights review that happens every four to five years.
Australia’s human rights performance will be in the spotlight tonight as the Australian Government appears before the Human Rights Council in Geneva for its major human rights review that happens every four to five years.
The Human Rights Law Centre has welcomed Attorney-General Christian Porter’s announcement that the Federal Government intends to overhaul current whistleblower protection laws and has called on the Government to commit to introducing and consulting on proposed changes early in the new year.
Leading civil society groups have condemned recommendations from a Coalition-controlled parliamentary committee as weakening the fairness and equality of Australia’s elections.
Afghan and Australian human rights organisations have welcomed the release of the report of the Inspector-General of the Australian Defence Force Afghanistan (IGADF) Inquiry, led by Justice Paul Brereton, into alleged war crimes by Australian special forces in Afghanistan and have called on the Australian Government to now move swiftly to implement its recommendations and establish a proper redress mechanism for victims.
Reform is needed to ensure politicians put the interests of people, our planet, and future generations before those of big political donors, a Parliamentary Committee will hear today.
The Parliamentary Joint Committee on Intelligence and Security (PJCIS) has made bi-partisan recommendations for the scaling back of Australia’s controversial metadata retention regime.
The Human Rights Law Centre today said that human rights scrutiny of Victoria’s curfew was welcome and required.
The Human Rights Law Centre has welcomed the compromise reached in the Victorian Parliament to enable the passage of legislation to continue the Victorian Government’s emergency response to the COVID-19 pandemic for a further six months.
A long awaited report from a Parliamentary committee has recognised the need for significant legal changes to protect public interest journalism, however the recommendations don’t go far enough to ensure journalists are not sent to prison for doing their job.
The Human Rights Law Centre’s Executive Director, Hugh de Kretser today gave evidence to the COVID-19 Hotel Quarantine Inquiry covering his personal experience of hotel quarantine and outlining the human rights obligations for the Victorian Government under Victoria’s Charter of Human Rights.
The Victorian Government is requiring people in Melbourne and the Mitchell Shire to wear a face covering or mask when leaving their home to help stop the spread of COVID-19. This explainer seeks to debunk claims that the requirement breaches people’s human rights.
The Human Rights Law Centre today responded to misguided claims made over the weekend that the requirement to wear masks in public in Melbourne and Mitchell Shire breached human rights.
Prime Minister Scott Morrison’s decision to cancel the first August Parliamentary sitting period will hinder the Government’s response to the COVID-19 pandemic and risks undermining Australians’ trust in our leadership at a crucial time.
The Human Rights Law Centre has told the Senate Committee tasked with investigating the Federal Government's response to COVID-19 that human rights must be at the centre of the Government’s actions, both now and into the future.
Yesterday, the Australian Federal Police referred ABC journalist Dan Oaks, the journalist behind the Afghan Files, to the Commonwealth DPP to consider laying charges. The journalist’s stories, which uncovered alleged war crimes by Australian troops, prompted the AFP to raid the ABC’s headquarters last year, a move which was resoundingly condemned by journalists and the public.
The Palaszczuk Government is today expected to pass laws to limit political donations and spending in Queensland elections, with new amendments in place to ensure charities will still be able to advocate on issues like family violence, homelessness and protecting the environment.
Today seven legal and human rights groups condemned the approach of many Australian governments to recent Black Lives Matter and refugee rights protests, stating it is inconsistent with our democratic rights and freedoms.
Fourteen members of the International Network of Civil Liberties Organizations (INCLO) including the Human Rights Law Centre express deep concern over the escalation in police responses to protests in the USA over the past week.
Six civil society groups are today calling on the NSW State Parliament to immediately reconvene regular sittings, in a way that is safe, so it can debate and address important matters of public concern.
Australia’s ranking in the World Press Freedom Index has fallen by five places in the latest annual assessment from Reporters Without Borders to 26th place behind countries such as Ireland, Uruguay, Germany, and Latvia.
Today the High Court unanimously ruled that the warrant relied on by the Australian Federal Police to raid the home of News Corporation journalist Annika Smethurst was invalid, and the raid was therefore unlawful. However laws that criminalise public interest reporting remain in place, leaving journalists and whistleblowers exposed to police investigation and prosecution.
The Human Rights Law Centre welcomed the Senate’s vote today to establish a cross-party Senate Select Committee to provide democratic oversight and scrutiny of the Morrison Government’s response to the COVID-19 public health emergency.
Human rights and privacy experts have called on Federal Health Minister Greg Hunt to explain privacy and surveillance issues arising from the Federal Government’s recently launched Coronavirus Australia app. The app has been downloaded over 500,000 times in Australia, yet there is little publicly available information about what data is being collected from people and how that private information is being used and kept safe.
Eight legal and civil society groups have today called on the Australian Senate to establish a Select Committee with broad powers to review and report on the Federal Government’s response to the COVID-19 pandemic.
Limits on the amount of money political parties, candidates and campaigners can spend on elections are needed to restore trust in democracy and achieve greater political equality, a Parliamentary Committee will hear today.
Laws that require telecommunication companies to keep records of every single Australian’s phone calls, text messages and movements for at least two years must be amended to prevent the indiscriminate invasion of people’s privacy, a Parliamentary Committee heard today.
“Queensland has a historic opportunity to have the best laws in the country for regulating the influence of money in politics. But first, the proposed laws need significant amendment to ensure not only that charities can continue to speak up, but that big corporate spending is reined in,” said Alice Drury.
The Australian Electoral Commission today released data revealing how much each political party and campaigners spent in the 2019 Federal election, and the donations used to fund those campaigns.
Protecting Protest in Australia
Protecting whistleblowers and defending press freedom
The June Federal Police raids on the ABC headquarters and journalist Annika Smethurst’s home were another chilling demonstration of how excessive government secrecy, increasing authoritarianism and a creeping surveillance state are undermining press freedom and the ability of whistleblowers to expose wrongdoing.
The raids follow the aggressive prosecution of a number of whistleblowers, including the shameful prosecution of Witness K and his lawyer Bernard Collaery for their role in revealing that the Australian Government had bugged the Timor-Leste cabinet room during sensitive negotiations about oil and gas revenue.
Whistleblowers and public interest journalism are vital to the health of our democracy. Australians have a right to know what our governments are doing in our name. Australian whistleblowers and journalists have revealed misconduct ranging from police corruption to kerosene baths in aged care and the inhumane treatment of people in immigration detention. Courageous people who expose wrongdoing should be encouraged to come forward and protected when they do so. Instead, they are being threatened with a prison sentence.
The Human Rights Law Centre has been working for years to protect press freedom and the ability of whistleblowers to reveal wrongdoing. This work intensified this year. In the wake of the police raids, we briefed two separate parliamentary inquiries about the urgent need for the reform of dangerous laws that allow mass surveillance of communications and that criminalise whistleblowers. Working with key partners, we have identified a range of policy reforms the Australian Government needs to adopt and we have advocated for these reforms in Canberra and in the media.
In response to this and the wider public criticism, the Attorney-General announced that he has instructed Commonwealth prosecutors to obtain his approval before prosecuting any journalists. This announcement barely addresses the press freedom issues raised by the raids. It won’t prohibit the prosecution of journalists for public interest journalism, it will only require the Attorney-General’s consent to do so. The Attorney-General also announced that the Government will look into simplifying and strengthening whistleblower protections.
We will continue to defend press freedom and we will continue to advocate for laws that encourage and incentivise whistleblowers to speak up.