Law of Australia

Module 4

Rights, Indigenous peoples and administrative law: human rights, native title, judicial review, merits review, information and migration

Australia has no national bill of rights. Rights are protected through a mix of the few express rights in the Constitution, the implied freedom of political communication, statutes (anti-discrimination Acts and human rights Acts in some states and territories), the common law and the courts’ supervision of government action. This makes administrative law especially important in Australia: much of what other countries would call rights protection is done through judicial review of the decisions of officials. This module covers that structure, the law on Indigenous peoples and native title, how decisions of government are reviewed on the law and on the merits, and the rules on information, privacy and migration.

General education on Australian law, using invented people and businesses. It states constitutional provisions, statutes and landmark decisions in simplified form, and it is not legal advice. The states and territories differ, the law changes, and every case turns on its facts. Consult a lawyer admitted in the jurisdiction that matters.