Rights, responsibilities and contemporary legal issues
Rights protection
Australia has no national bill of rights. Rights are protected through express constitutional provisions, common law presumptions, statutes and international obligations. Express rights include freedom of religion (s 116), trial by jury for Commonwealth indictable offences (s 80), free interstate trade (s 92), just terms for property acquisition (s 51(xxxi)) and non-discrimination based on state residence (s 117). The High Court has implied a freedom of political communication from the system of representative government. Victoria, the ACT and Queensland have statutory human rights charters.
Contemporary issues
Native title was recognised in Mabo (1992), then regulated by the Native Title Act; Wik confirmed coexistence with pastoral leases. Discrimination law, privacy, anti-terrorism, surveillance, online safety and protest laws raise balancing questions. Rights are generally not absolute: limitations must be lawful and proportionate.
Traps and worked example
Do not describe the implied freedom as a general free-speech right; it protects political communication and is limited. Section 80 is narrower than a general jury right. A charter does not automatically invalidate inconsistent legislation. Mabo did not create a treaty or grant ownership of all land. Worked example: a law restricts protest near parliament. Ask whether it burdens political communication, whether its purpose is legitimate, and whether it is proportionate. Rule of thumb: identify the source of the right, then test any limit.