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Does Australia Need a Bill of Rights? A Fair Look at the Debate, With a Christian Lens
Australian bill of rights – Every few years, the idea of an Australian bill of rights comes back into public debate. It returned again recently, with a commentary on The Daily Declaration arguing against it and a growing push from within the Labor Party for a federal Human Rights Act.
For many Christians, it’s a question with real stakes. Rights language sounds good, and the Christian tradition has contributed enormously to the idea that every person has God-given dignity. But some believers worry that a bill of rights could shift power from elected parliaments to judges, and that it might end up limiting the very freedoms, especially freedom of religion, that it’s meant to protect. Others argue that without such a law, Australians have too little protection against overreaching governments.
This post sets out how Australia’s rights are currently protected, how the debate has developed, the strongest arguments on each side, and how Christians might think about it. It’s a question where thoughtful believers disagree, and we’ve tried to treat both positions fairly.
First, the Terms
Much of the confusion in this debate comes from the language. Three things are often lumped together:
- A constitutional bill of rights, like the one in the United States, is part of the Constitution. Courts can strike down laws that conflict with it, and it can only be changed by a referendum.
- A statutory Human Rights Act or charter is an ordinary law passed by Parliament. Parliament can amend or repeal it. Courts generally interpret other laws in line with it where they can, and, in some models, can issue a “declaration of incompatibility” if a law can’t be read that way, without invalidating the law.
- Human rights scrutiny processes within Parliament, such as statements of compatibility and committee review, which already exist federally.
Almost all of the current proposals in Australia are for the second, a statutory Human Rights Act, not a US-style constitutional bill of rights. That’s an important distinction, because many of the strongest objections to a bill of rights concern the first.
Where Australia Stands Today
Australia is often described as the only Western democracy without a national bill or charter of rights. That doesn’t mean there are no protections. They come from several sources:
- The Constitution contains a few express rights: freedom of religion from federal law (section 116), trial by jury for serious federal offences (section 80), protection against discrimination based on state residence (section 117), and the requirement of “just terms” when property is acquired (section 51(xxxi)).
- The High Court has found an implied freedom of political communication in the Constitution, in cases such as Lange v ABC (1997).
- The common law has long protected principles such as the presumption of innocence and the right to a fair hearing.
- Federal statutes deal with specific areas, including discrimination on grounds of race, sex, disability and age, and privacy.
- State and territory laws. Three jurisdictions have their own human rights legislation: the ACT (2004), Victoria (2006) and Queensland (2019).
- Parliamentary scrutiny. Since 2012, federal bills must come with a statement of compatibility with human rights, and a parliamentary committee reviews them.
Supporters of reform say these protections are patchy. Opponents say the system has worked well for more than a century and that Australia is among the freest countries in the world.
How the Debate Has Developed
The question isn’t new:
- 1890s: The framers of the Constitution deliberately chose not to include a general bill of rights, trusting in parliamentary democracy and the common law.
- 1988: Voters overwhelmingly rejected a referendum proposal that would have extended a handful of rights, including freedom of religion and trial by jury, to the states.
- 2009–2010: A National Human Rights Consultation led by Father Frank Brennan, a Jesuit priest and lawyer, received tens of thousands of submissions and recommended a federal Human Rights Act. The Rudd government did not adopt it, and settled for a more modest framework, including the parliamentary committee and compatibility statements.
- 2023: The Australian Human Rights Commission published a detailed proposal for a federal Human Rights Act. The Attorney-General referred the question to a parliamentary committee.
- 2024: On 31 May, the Parliamentary Joint Committee on Human Rights tabled a report with 17 recommendations, including that the Government introduce a statutory Human Rights Act broadly following the Commission’s model.
- 2025–2026: The Government has said it is “carefully considering” the issue. The independent MP Andrew Wilkie has introduced a private member’s bill, the Greens have signalled support, and the Coalition is firmly opposed. Labor members and rights groups have also been pressing for a stronger commitment in the party’s 2026 national platform, which currently speaks of considering a statutory charter.
So Australians are not being asked to vote on anything at the moment. But the question of whether a federal Human Rights Act will be introduced is live in a way it hasn’t been for some time.
The Case Against
Critics, including many conservatives and many Christians, make several arguments. Here they are in their strongest form.
1. It shifts power from voters to judges
In a parliamentary democracy, controversial moral and political questions are decided by elected representatives who can be voted out. Broad rights language, such as “dignity,” “equality” or “privacy,” is open-ended. Critics worry that judges would end up deciding how to balance competing rights, effectively making policy without democratic accountability. Even if courts can’t strike down laws under a statutory model, a declaration that a law is incompatible carries political weight, and some constitutional lawyers question whether federal courts could validly be given that power.
2. Rights tend to expand over time
Once the principle is established, new rights can be added, and existing ones interpreted more widely. Critics point to the way rights language has grown in other countries to cover new areas, including social and economic claims, in ways that the original drafters might not have expected.
3. Religious freedom could be weakened
This is the concern that matters most to many Christians. In a rights framework, freedom of religion is usually one right among many, and it can be limited to protect other rights. Critics point to overseas examples. In Canada, for instance, the Supreme Court in 2018 upheld the refusal of law societies to accredit a law school at Trinity Western University, a Christian institution, because of its community covenant on sexual conduct, in a decision that balanced religious freedom against equality rights. They worry that a similar balancing exercise in Australia could go against religious schools, charities and individuals.
4. Existing protections are already strong
Australia has a stable democracy, an independent judiciary, free elections, a free press and a strong common law tradition. Critics argue that these institutions, rather than a written list of rights, are what protect freedom, and that rights lists don’t guarantee good outcomes. The former NSW Labor premier Bob Carr, for example, argued during the 2009 consultation that Australia’s freedom rests on the common law, free speech and the give and take of parliamentary democracy.
5. Rights can become a political tool
Critics fear that a Human Rights Act would be used as a vehicle for a particular ideological agenda, imposed through courts and commissions rather than through democratic debate. A former Coalition shadow attorney-general once described the earlier proposal as a potential vehicle for imposing a left-wing social agenda. Whether that’s a fair description is disputed, but it reflects a genuine concern about who would control the interpretation.
The Case For
Supporters, including a number of Christian leaders and lawyers, argue differently.
1. Australia has a gap
The Australian Human Rights Commission, the Law Council of Australia and the parliamentary committee have all argued that Australia’s framework is incomplete. Without a national Human Rights Act, there’s no single, accessible statement of rights that governments must consider, and people who think their rights have been breached by a federal agency have limited options.
2. A statutory model keeps Parliament in charge
The model proposed by the Commission and endorsed by the committee is ordinary legislation. Parliament could amend or repeal it at any time. Courts would not be able to strike down laws, and Parliament would have the last word. Supporters argue this answers the main objection from critics.
3. It can protect the vulnerable
People with disability, prisoners, children in care, asylum seekers, elderly people in aged care and others can be at the mercy of government decisions. Supporters argue that a Human Rights Act would require public authorities to consider their rights when making decisions, and give people a route to challenge breaches.
4. It could strengthen religious freedom
Australia’s constitutional protection for religion only restricts the Commonwealth, and its interpretation by the High Court has been narrow. At the federal level, there’s no comprehensive legislation protecting religious freedom, since the Religious Discrimination Bill lapsed in 2022. Some supporters, including religious-freedom advocates, argue that a rights framework that includes freedom of thought, conscience and religion could provide stronger protection than currently exists, particularly if it’s drafted carefully.
5. Experience in the states
Victoria, the ACT and Queensland have operated charters for years. Supporters point out that they have not produced the radical judicial takeover that some feared, and that they have contributed to better government decision-making. Critics respond that the effect has been modest and that the Victorian Charter has still been used in contested ways.
6. Christian voices are among the supporters
Father Frank Brennan, who chaired the 2009 consultation, has said there has never been a better moment to legislate a Human Rights Act. His view isn’t universal among Christians, but it shows that the issue doesn’t divide neatly along religious lines.
Religious Freedom: The Hinge Issue
For many Christian readers, the whole debate comes down to one question: would a rights framework protect or erode the freedom to live out the faith?
The honest answer is that it depends on the details. A Human Rights Act that clearly protects religious freedom, including the freedom of religious bodies to hire, teach and operate according to their beliefs, and which doesn’t give other rights automatic priority, could improve the situation. A framework that lists freedom of religion as one right among many and leaves courts to balance them, without clear guidance, could pose risks.
That’s why any proposal needs careful scrutiny, and why Christians and other people of faith should engage closely with the drafting, including in any exposure draft or inquiry process, rather than simply accepting or rejecting the label.
A Christian Lens
Scripture doesn’t tell us whether Australia needs a Human Rights Act. But it provides principles for thinking about it.
Human dignity. Genesis 1:27 says that every person is made in God’s image. That’s the deepest foundation for the idea of human rights. Many Christians see the modern language of rights as growing out of this conviction, along with traditions such as Magna Carta and the 1689 Bill of Rights.
Justice for the vulnerable. Isaiah 10:1–2 pronounces woe on those who make unjust laws and deprive the poor of their rights. Proverbs 31:8–9 calls us to speak for those who cannot speak for themselves, and to defend the rights of the poor and needy. Micah 6:8 calls us to act justly.
Respect for government with limits. Romans 13:1–7 teaches that governing authorities are instituted by God, and Acts 5:29 reminds us that we must obey God rather than human authorities when they conflict. A healthy view of government includes both respect and a recognition that its power must be limited.
Wisdom and humility. Proverbs 15:22 says plans fail for lack of counsel. A matter as significant as the structure of rights deserves wide consultation, careful drafting and an honest hearing for different views.
The danger of rights without responsibilities. The Christian tradition also emphasises duties: to God, to neighbour, to the common good. A purely individualistic approach to rights can crowd out these responsibilities, and Christians may want to ask whether a framework gives space for them.
Our Take
Here’s where we’d like to add some commentary.
1. Be clear about what’s being proposed.
A great deal of heat comes from confusing a constitutional bill of rights with a statutory Human Rights Act. The objections to a US-style model don’t automatically apply to a statutory model, and the benefits claimed for a statutory model don’t necessarily apply to a constitutional one. Every contribution to this debate should say which one it means.
2. The details decide the outcome.
Whether a Human Rights Act would be good or bad for Christians and for Australians generally depends on what rights it lists, how they can be limited, who can bring a case, what courts can do, and how religious freedom is treated. The Commission’s model and the committee’s report are the best place to start looking.
3. Take the objections seriously, on both sides.
Critics are right that unelected judges shouldn’t be making decisions properly left to voters. Supporters are right that some people fall through the cracks of the current system. It’s possible to hold both of these thoughts and still come to a judgement.
4. Protect religious freedom on its own terms.
Whatever happens with a Human Rights Act, religious freedom deserves strong, clear protection in its own right. That might involve federal religious freedom legislation as well as, or instead of, a general charter. Christians should be advocating for that either way.
5. Don’t treat every critic as an enemy.
There are sincere, thoughtful people on both sides, including Christians. The goal should be a good law, not a won argument.
6. Keep the focus on people.
Behind the legal debate are real Australians: a person with disability who is struggling to get adequate support, a believer who wants to practise their faith without fear, a prisoner who is mistreated, a family who feels powerless against a government decision. A good framework serves all of them.
What to Watch Next
- Whether the Government introduces its own Human Rights Act, or an exposure draft, and what it says about religious freedom
- Whether the Labor national platform commits to legislation
- The progress of the Wilkie private member’s bill and the position of the crossbench
- The Coalition’s response and any alternative proposals
- Whether religious freedom legislation is revived
How to Engage
- Read the sources. The Australian Human Rights Commission’s model, the 2024 parliamentary committee report, and the critics’ arguments are all public.
- Contact your MP and ask where they stand, and why.
- Make a submission if and when there’s a consultation or an inquiry, and focus on specifics.
- Talk to your church leaders about whether and how to engage.
- Pray for wisdom for legislators and for protection of the vulnerable.
Questions to Reflect On
- Do I know what a statutory Human Rights Act would actually do, as opposed to what I assume it would do?
- Which risks worry me most: judicial overreach, or gaps in protection?
- How would I want religious freedom to be protected, and by what means?
- Can I explain the strongest argument for the position I disagree with?
- Who in my community might be better protected, or less protected, under a rights framework?
A Short Prayer
Lord, you made every person in your image, and you care for the poor, the weak and the stranger. Give wisdom to our parliaments, courts and public servants. Help us to protect the vulnerable without silencing conscience, and to safeguard freedom without forgetting responsibility. Teach your people to engage with humility, to listen carefully, and to speak with truth and love. Keep Australia a place where justice flows like a river. Amen.
