The case for a bill of rights in Queensland

 

Unlike many jurisdictions internationally, neither Australia nor the states operate under a bill of rights - with the exception of Victoria and the ACT.  While there is currently an investigation into 'traditional' freedoms at the instigation of the Commonwealth Attorney-General, there is no sign that a bill of rights will be coming any time soon at the national level. Indeed it is Coalition policy to do away with the human rights framework. The Prime Minister is reported as having said: 'Bills of rights are left-wing tricks to allow judges to change society in ways a parliament would never dare.'

But the question of a bill of rights can be framed a little differently in the Queensland context. Perhaps in recognition of that, following the 2015 Queensland election the government has indicated that it will seek advice from the Department of Justice and Attorney-General to allow 'public discussion' on the question of a bill, or charter, of rights. I think a public discussion on a bill of rights in Queensland is important and overdue. In this post I explain why.

How Queensland is failing to measure up to standards of accountability

Checks and balances at risk in Queensland*

Following its findings of extensive corruption in Queensland government and police service, the Fitzgerald Inquiry recommended an independent body be established, charged with investigation of corruption and crime in Queensland. 

Detailed analysis of the various common instances of other prevalent official misconduct is not called for in this report. It is sufficient to record that the evidence before this Inquiry plainly established common and, apparently, growing manifestations of other official misconduct and its central importance in facilitating major and organized crime.

The seriousness of that other official misconduct must not be overlooked. Rather it is the plainest demonstration of the need for the researched and integrated approach to organized and major crime mentioned earlier in this report.

One possible model explored by the Report was an independent commission against corruption. This was rejected because of the myriad tensions inevitably associated with it. Instead, a Criminal Justice Commission ('CJC') was recommended, to be overseen by a parliamentary Criminal Justice Committee [Part 10.2]. In 2002, the CJC merged with the Queensland Crime Commission to form the Crime and Misconduct Commission ('CMC').

As the functions of the original CJC have evolved, it is instructive, particularly in light of recent political events in Queensland, to revisit Fitzgerald's discussion of the tensions and challenges in having an independent commission against corruption. Many of his observations seem pertinent to the CMC and its relationship with the government.

In this post I will use Fitzgerald's report to provide context for why developments in Queensland are so troubling.