Human rights protection in Australia: momentary glimmers of hope in Victoria and the Australian Capital Territory, in the context of the retreat from human rights by the federal government

Abstract

Victoria and the Australian Capital Territory, within an Australian federal system of government, have recently passed legislation to improve human rights protection. Both enactments are partly based on the United Kingdom’s human rights legislation. This article looks at the processes that led to the introduction of legislation in both of these jurisdictions. It will also examine some key differences from the United Kingdom Human Rights Act 1998 especially around the extent to which ‘public function’ has been defined in Victoria. The article will also discuss the reticence of a Conservative federal government to protect human rights in Australia and some of its retrograde steps in this regard, and the challenges and conflicts that these present for a state-based human rights system. Show more