The Law Library of Congress published Australia: Civic Space Legal Framework, a report compiled by the Library’s Global Legal Research Directorate.
The 84-page report provides an overview of Australia’s legal framework for civic space through sections on Legally Protected Freedoms, including freedom of expression and the press; Open Internet and Civic Space in the Digital Age; Privacy and Data Protection; Civil Society Laws; and Citizen Participation in Public Governance.
Summary
“Australia’s constitution does not contain a bill of rights and there is no federal charter of rights in legislation. Rights are protected at the federal level through the application of certain constitutional provisions, anti-discrimination laws, common law, and the application of international human rights treaties. The Australian Human Rights Commission, an independent statutory body, has advocacy and complaints functions, and bills are examined by a parliamentary committee for consistency with human rights treaties. At the state and territory level, three jurisdictions currently have human rights charters, and all jurisdictions have anti-discrimination legislation. Various laws at the federal and state and territory levels protect, regulate, or limit different rights, including the right to freedom of expression and the right to freedom of assembly. This includes provisions on hate speech, with several jurisdictions having established offenses of displaying Nazi symbols, and new restrictions on protests being introduced in recent years. There is also comprehensive legislation related to access to government information, online content, and privacy.
Depending on their legal structure and purpose, not-for-profit organizations may be regulated at the federal level through legislation on charities, corporations, and income tax. State and territory legislation applies to fundraising activities as well as reporting and certain types of taxes. Federal criminal law contains domestic and foreign bribery offenses and a foreign influence transparency system has been established. The government has produced guidance for not-for-profit organizations on protecting against money laundering and the financing of terrorism.
Citizens may participate in public governance at the federal and state levels, including through mechanisms established within the legislative branch, such as petitions and submissions to parliamentary committees, and during the policy making process in the executive branch through various consultation processes. A national referendum held in 2023 regarding an indigenous “Voice” to the federal Parliament resulted in a majority vote against its establishment. However, some states and territories have established or are discussing mechanisms to enhance indigenous involvement in public governance. Recent reviews related to enhancing engagement and participation in Australia’s democracy have identified several areas of focus.”