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M4 - Learner Manual

4. Self-Determination

4.3. Rights in Australia – Commonwealth Legislation

Australia is one of the few developed countries that does not have a federal bill of rights. 

Although the ACT and Victoria both have bills of rights, any contradicting Commonwealth law will prevail and override these State/ Territory laws rendering them invalid. 

Only five rights are expressly guaranteed by the Australian Constitution: 

  • The right to vote (Section 41), 

  • Protection against acquisition of property on unjust terms (Section 51 (xxxi)), 

  • The right to a trial by jury for criminal cases in the higher courts (Section 80), 

  • Freedom of religion (Section 116), and 

  • Prohibition of discrimination on the basis of State of residency (Section 117).