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Australia's First Bill of Rights

ACTHRA PROJECT: Assessing the impact of the ACT HUMAN RIGHTS ACT 2004

Publications

What you will find on this page:

Working Papers of the Project

These papers are intended to allow public access to the ongoing research work of the project, before final publication.

ACT Human Rights Act Research Project ANU, Creating a Human Rights Culture within the ACT Government: Report on Interview Research Assessing the Impact of the Human Rights Act 2004 on the ACT Public Service, October 2008.

Working Paper 3. Giving Meaning to a Culture of Human Rights, Gabrielle McKinnon, September 2006

Working Paper 2. Case Comment on SI bhnf CC v KS bhnf IS [2005] ACTSC 125
Gabrielle McKinnon, May 2006 (Now published in the Canberra Law Review, Vol 9, 2006, p21-30 [final version])

Working Paper 1. The ACTHRA and the Anti-Terrorism Act (No.2) 2005
Andrew Byrnes and Gabrielle McKinnon, April 2006
(Now published as A. Byrnes & G. McKinnon, 'The ACT Human Rights Act 2004 and the Commonwealth Anti-Terrorism Act (No 2) 2005: A Triumph for Federalism or a Federal Triumph?' in Fresh Perspectives on the ‘War on Terror,’ eds. M. Gani & P. Matthew, ANU e press 2008,.pp 361 -377.)

Conferences/Presentations

G McKinnon Presentation to the ACT Law Society on the Amendments to the Human Rights Act, 16 April 2008: Powerpoint slides

Protecting Human Rights Conference, University of Melbourne, 3 October 2008

Link to conference papers on the Centre for Comparative Constitutional Studies website.

Protecting Human Rights Conference, Uni of Melbourne, 25 September 2007
(See the Centre for Comparative Constitutional Studies for powerpoint presentations and other papers as they become available)

Leibenberg, S: Beyond Civil and Political Rights - Protecting Economic, Social and Cultural Rights: The South African Experience

Otto, D: The Transformative potential of the Victorian Charter

Refshauge, R: Impact on Criminal Law and Procedure

Stellios, J: State/Territory Human Rights Protection in a Federal Judicial System

Australian Bills of Rights: The ACT and Beyond, ANU, 21 June 2006

Butler, P: Australian Bills of Rights: Lessons from New Zealand

Evans, S: "The Victorian Charter of Rights and Responsibilities and the ACT Human Rights Act: Four Key Differences and their Implications for Victoria"

Innes, G: HREOC and the Protection of Human Rights at the Federal Level

Henning, T: A Tasmanian Bill of Rights

Leon, R: Reflections from the ACT Government

McKinnon, G: The ACT Human Rights Act: The Second Year

Ryan, S: Notes on the New Matilda Campaign for an Australian Bill of Rights

Stanhope, J: Opening Address

Assessing the First Year of the Human Rights Act, ANU, 29 June 2005

Bayne, P, ‘Pre-enactment dialogue about proposed laws under the influence of the Human Rights Act 2004 (ACT)[pdf]

Bluck, P, ‘The Year of Living Relatively Uneventfully[pdf ]

Evans, C, ‘The Human Rights Act and Administrative Law[pdf ]

Gelber, K ‘Beyond Australia’s First Bill of Rights[pdf]

Kelly, E, ‘Government in the ACT: A Human Rights Dialogue [pdf ]

McCoy, G, ‘Sibylline observations: the Human Rights Act 2004 (ACT)[pdf ]

McKinnon, G ‘The ACT Human Rights Act – The First Year [pdf ]

Refshauge, R, ‘The ACT Human Rights Act and the Criminal Law[pdf ]

Stanhope, J, Opening Remarks [pdf ]

Watchirs, H, Assessing the First Year of the Human Rights Act [powerpoint ]

Williams, G, ‘Beyond Australia’s First Bill of Rights: the Victorian experience[pdf ]

Australia’s First Bill of Rights: A Forum on the National Implications of the ACT Human Rights Act, Sydney - 1 July 2004 [pdf ]

Comparative Perspectives on Bills of Rights - 18 December 2002 http://law.anu.edu.au/nissl/bor.htm

Books and Book Chapters

A. Byrnes, H. Charlesworth & G. McKinnon, Australian Bills of Rights: History, Politics, Law, Sydney: UNSW Press, 2009.

A. Byrnes & G. McKinnon, 'The ACT Human Rights Act 2004 and the Commonwealth Anti-Terrorism Act (No 2) 2005: A Triumph for Federalism or a Federal Triumph?' in Fresh Perspectives on the ‘War on Terror,’ eds. M. Gani & P. Matthew, ANU e press 2008,.pp 361 -377.

H.Charlesworth, 'Who Wins Under a Bill of Rights?', University of Queensland Law Journal, vol. 25, no. 1, 2006, pp. 39-53

H.Charlesworth, “Human Rights and Statutory Interpretation” [pdF] in Statutory Interpretation: Australian Approaches; S. Corcoran & S. Bottomley eds, Federation Press, Sydney, 2005.

H.Charlesworth, “Australia’s First Bill of Rights: the Australian Capital Territory’s Human Rights Act” [pdf ] in Protecting Rights without a Bill of Rights: Institutional performance and reform ; T. Campbell, J. Goldsworthy & A.Stone eds, Ashgate,Dartmouth, pp. 289-304.

G. McKinnon, "Would a Bill of Rights Enhance Social Cohesion in Australia" in Jupp, J., Nieuwenhuysen, J., Dawson , E. (eds.) Social Cohesion in Australia . Melbourne : Cambridge University Press, 2007 p.191-203

Other Papers and Articles

G McKinnon, 'Strengthening Human Rights: Amendments to the Human Rights Act 2004 (ACT)' (2008) 19 Public Law Review 179

Charlesworth, Hilary and McKinnon, Gabrielle, ' Australia's First Bill of Rights: The Australian Capital Territory's Human Rights Act' Centre for International and Public Law, Law & Policy Paper No.28, 2006, available from Federation Press

Byrnes, Andrew, ‘The ACT Bill of Rights: its relevance and potential effectiveness[pdf] (Paper presented at the State Legal Convention, Adelaide, 22-23 July 2004)

McKinnon, Gabrielle, 'Home Truths: Housing Rights under the Human Rights Act' (2008) 21(1) Parity 23.

McKinnon, Gabrielle 'An Opportunity Missed?' Comment on SI bhnf CC v KS bhnf IS [2005] ACTSC 125[pdf], [word version] Canberra Law Review, Vol 9, 2006, p21-30

McKinnon, Gabrielle, ‘Strengthening the Human Rights Act' [pdf] (Paper presented at the Human Rights Office Community Forum, 1 July 2005

McKinnon, Gabrielle ‘The ACT Human Rights Act: the impact in the Courts Legislation and Policy[pdf], Democratic Audit Website 2005

Minty, Rebecca, ‘Saved by the Bill?: the effect of the ACT HRA on legislative provisions which reverse the onus of proof[pdf] (Thesis submitted for degree of Bachelor of Laws (Honours), ANU 2005)

Lets talk about Rights: "Dialogue" Bills of Rights, Kim Pham, Report prepared for ANU Internship Program 2006.

Please see Resources page for further useful papers

Submissions/Advice

Submission to the National Human Rights Consultation [pdf], 15 June 2009 [word]

Submission to the WA Consultative Committee on a Human Rights Act, 31 August 2007

Submission to the 12 Month Review of the Human Rights Act 2004, 22 May 2006

Submission to the ACT Legal Affairs Committee on the Exposure Draft of the Terrorism (Extraordinary Temporary Powers) Bill 2005 (ACT)

Submission to the Senate Inquiry into the Anti-Terrorism Bill (No 2) 2005 (Cth)

Advice to Chief Minister Jon Stanhope on the draft Anti-Terrorism Bill (Cth)

Submission to the Victorian Consultative Committee on Human Rights, August 2005