General

3.1. The exercise of rights established herein shall only be valid so long as the actions do not contravene this Constitution.

3.2. All Citizens have a right to natural justice. The provisions in this Constitution shall be an expansion of that right and shall not be interpreted as a restriction on fundamental human rights¹.

3.2. With every right bestowed by this Constitution there shall be a complementary responsibility. 

3.3. The exercise of individual rights shall be constrained by the necessity not to infringe the rights of others.

3.4. Fundamental human rights¹ shall be protected throughout the entire society and in particular throughout the justice system.

¹Definition: Human rights are defined in different ways.

Simple definitions that are often given include:

• the recognition and respect of peoples dignity 
• a set of moral and legal guidelines that promote and protect a recognition of our values, our identity and ability to ensure an adequate standard of living 
• the basic standards by which we can identify and measure inequality and fairness 
• those rights associated with the Universal Declaration of Human Rights. 

3.5. Whoever exercises a function of the state shall respect fundamental human rights and contribute to their realisation.

3.6. Any limitation of fundamental human rights shall require a legal basis. The primary source of that legal basis shall be this Constitution and the People voting at referendum.

3.7. Any limitation of a fundamental right shall be justified by public interest, or serve for the protection of the fundamental rights of other persons.

3.8. Limitations of fundamental rights shall be proportionate to the goals pursued.

3.9. The essence of fundamental rights shall be inviolable.

3.10 Human dignity shall be respected and protected.

Rights

General

3.11. In every case the exercise of any right shall be subject to the overriding requirement not to interfere with the rights of others.

3.12. In every case the exercise of any right shall be subject to the tenets of this Constitution.

Equality before the Law

3.13. All Australians shall be equal before the law.

This means that offences committed by a judge, a politician or a vagrant shall be treated in the same manner as offences committed by any ordinary Citizen.

Protection Against Discrimination

3.14. Except as provided in this Constitution no Australian Citizen shall suffer detrimental discrimination on grounds of origin, race, gender, sexuality, age, lan­guage, social position, lifestyle, religious beliefs¹, philosophical or political convictions, or because of a physical or mental disability. 

_{1.  Religious practices that are contrary to the tenets of this Constitution are illegal.}  

3.15. Specification of certain traits for the purposes of identification shall not be regarded as discrimination.

3.16. Men and women shall have equal rights. All legislation shall ensure gender equality in law and in fact. Men and women shall have the right to equal pay for work of equal value.

3.17. Legislation shall provide for measures to minimise disadvantage affecting disabled people.

Protection against Arbitrariness

3.18. Every person shall have the right to be treated by organs of the State as an individual without arbitrariness and in good faith. 

Right to Personal Freedom

3.19. Every person shall have the right to personal liberty, particularly to physical and mental integrity, and to freedom of movement.

3.20. Persons found by a court to have broken Australian law or to have behaved in a manner contrary to this Constitution shall be liable to lose their freedom and certain other rights and shall be subjected to punishment. 

3.21. Although torture and any other cruel, inhuman or degrading treatment or punishment of persons shall be prohibited: for the purposes of this provision; incarceration, deprivation of liberty, confinement to a cell, no access to entertainment, hard work, etc. ordered by a Court as punishment for crimes committed against society shall not be deemed inhuman or cruel.

Children

3.22. Children shall have the right to special protection of their integrity and to en­couragement of their development. Children shall exercise their rights themselves to the extent of their capacity to discern but parents shall remain responsible for the actions of their children until the children reach the age of 18 years.

Elderly Citizens

3.23. Elderly Citizens and the infirm shall have a right to special protection and respect.

Right to Privacy

3.23. All persons shall have the right to receive respect for their private and family life, home, and the secrecy of the mail and telecommunications.

3.24. Law enforcement agencies shall have the right to seek Supreme Court approval to intercept private communications in specific cases.

3.25. All persons shall have the right to be protected against the unlawful use of personal data.

Freedom of Religion and Philosophy

3.26. The freedom of religion and philosophy shall be guaranteed except that practices contrary to the tenets of this Constitution shall be illegal.

3.27. All persons shall have the right to choose or to change their religion or philosophical convictions freely, and to express them alone or in community with others except that practices contrary to the tenets of this Constitution shall be illegal.

This means that it is illegal to preach the forced conversion of persons from one religion to another.

3.28. No person shall be forced to join or belong to a religious community, to participate in a religious act, to observe religious practices, to listen to religious noise, or to follow religious teachings. Freedom from organised religion shall be guaranteed.

3.29. Religious teachings that are contrary to this Constitution shall be illegal.

This means it is illegal to preach the overthrow of our democratic way of life, the rule of law, and common Australian traditions and practices.

Freedom of Opinion and Information

3.30. Australian Citizens shall have a right to be informed. They shall have a right to know. This places an obligation on politicians and bureaucrats to operate in an open and transparent manner. This also places an obligation on media outlets to be informative and to present balanced coverage of issues. Agencies of the State shall operate in secrecy only when approved by the Courts as prescribed in this Constitution.

3.31. All persons shall have the right to form, express, and disseminate their opinions freely except that inciting violence shall be illegal.

3.32. All persons shall have the right to receive information freely, to gather it from generally accessi­ble sources, and to disseminate it except that it shall be illegal to disseminate information likely to incite violence or other illegal activity.

Freedom of the Media

3.33. The freedom of the press, radio and television and of other forms of public broadcasting of productions and information shall be guaranteed. There shall be an obligation on the media to inform and to present issues in a balanced, honest and truthful manner. Special interest media presenting a limited or one-sided view shall provide that the special interest is prominently displayed at the beginning and at the end of each and every article of content. Ethical standards shall be set by society voting at referenda and plebiscites. 

Right to Education

3.34. The People shall determine acceptable norms of education as necessary.

3.35. Access to sufficient primary and secondary secular education at public expense shall be guaranteed except as provided for in this Constitution. 

3.36. For all persons, sufficient primary and secondary education shall be compulsory except that those with mental disability may be exempt.

3.37. Curricula for primary and secondary schooling shall not include religious instruction but shall include instruction on this Constitution, the rule of law, honesty, fairness, respect, understanding, compassion, responsibility and creative endeavour

3.38. Comparative studies of religions shall only be conducted in tertiary institutions when representatives of at least three mainstream religions simultaneously participate in the instruction.

Freedom of Science

3.39. The freedom of scientific research and teaching shall be guaranteed unless it contravenes ethical standards of Australian society. Standards shall be set by society voting at referenda and plebiscites. 

Freedom of Artistic Expression

3.40. The freedom of artistic expression shall be guaranteed unless it contravenes moral standards. Moral standards shall be set by society at referenda and plebiscites.

Freedom of Assembly

3.41. Subject to the Basic Laws, the freedom of non-violent assembly shall be guaranteed.

3.42. Subject to the Basic Laws, Citizens shall have the right to organize non-violent assemblies, to participate in them or to stay away from them.

3.43. It shall be illegal to preach or advocate violence at any assembly.

Freedom of Association

3.44. Except for activities contrary to the tenets of this Constitution every citizen shall have the right to form associations, to join or to belong to them, and to partici­pate in their activities.

3.45. Directly, indirectly or by any other means, no citizen shall be forced to join or to belong to a union or association.

Freedom of Domicile

3.46. Australian Citizens shall have the right to leave and to return to Australia.

Protection Against Expulsion

3.47. Australian citizens shall not be expelled from Australia except that, if they are convicted of serious crimes against this Constitution such as treason or if they advocate;

a.    replacement of Australian sovereignty with sectarian sovereignty

b.    replacement of this Constitution with sectarian doctrine, or

c.    replacement of Australian law with sectarian law;

 they shall be required to migrate to a country more sympathetic to their views.

3.48. Australian Citizens and residents shall be liable for extradition to a foreign authority following due process.

Land

3.49. The relationship between persons and land shall be subject to the provisions of this Constitution.  

3.50. From the date this Constitution is accepted by the People voting at referendum, all “Crown Land” shall become commonwealth land belonging to all Australian Citizens and that land shall only be leased.

3.51. Unless there are specific reasons for leases of a lesser period, land shall be leased in perpetuity.  

3.52. No new, freehold title to land shall be issued. Similarly, from the date of this Constitution, no transfer of freehold title to land shall be affected. The State shall acquire all freehold title to land as properties are offered for sale and shall offer back the land on lease to the new prospective owner of the house, business, farm, etc.

As our Aborigines tell us, people cannot own the land - we can only be custodians of the land for a very short time.

3.53. New releases of Commonwealth land shall be subject to National and Regional regulations governing equitable and sustainable land use and shall be leased on application.

3.54. New releases and leases relinquished shall be advertised. Advertisements shall include the full address of the land, the purpose for which the land is released, the current lease rate and the date, time and place by which applications shall be made.

3.55. Applications shall be balloted to determine successful applicants.

3.56. Expropriation, degradation and restrictions on ownership and leasehold by the State shall be fairly compensated.

Welfare

3.57. Every Citizen shall be entitled to an equal annual dividend from the revenue generated by the harvesting of the natural resources of Australia. That dividend shall be paid into individual accounts created by the Central Bank of the Australian Commonwealth at birth. These individual accounts shall create a secured social security entitlement and shall be a source of welfare for each individual. Payments into these accounts shall cease on the death of each individual and any residue shall revert to the Commonwealth.

3.58. Individual dividend accounts shall be used to provide welfare including unemployment benefits and age pensions. 

Right to property

3.59. Except for land, water, minerals and other natural resources, every citizen shall have a right to own property.

Economic Freedom

3.60. Economic freedom shall be guaranteed. In particular, the freedoms to choose one’s vocation and to enjoy free access to and free exercise of private economic activity.

Industrial Relations

3.61. Workers and employers shall have the right to unionize voluntarily for the defence of their interests, to form unions and to join them or to keep out of them.

3.62. Conflict in the workplace shall be resolved through negotiation and mediation.

3.63. Strike and lockout shall be permitted only when they relate to labor relations and when they are not contrary to obligations imposed by Legislation or the Industrial Relations Court to keep labour peace.

3.64. Legislation shall prohibit certain categories of persons from striking.

General Procedural Guarantees

3.65. Every person shall have the right in legal or administrative proceedings to have their case treated equally and fairly, and judged within a reasonable time.

This means that, if a person is dissatisfied he may appeal to the relevant Court or Ombudsman. A judgment in his favour would include directions to the relevant authorities.

3.66. Every person shall be guaranteed access to his or her personal file held by any agency of the State.

3.67. The parties in any dispute shall have the right to be heard.

3.68. Every citizen shall have the right to seek subsidised legal assistance on a sliding scale according to financial means. The Commonwealth shall provide subsidised legal representation to the extent that this is necessary to protect a person’s fundamental human rights.

Guarantee of Legal Proceedings

3.69. Every person shall have the right to have legal disputes aired in a court of law established by this Constitution. 

3.70. Every person charged with a serious crime shall have the right to choose to be tried by a jury of 12 citizens chosen by the judge in open court. A 75% majority decision of a jury shall prevail.

3.71. Serious crimes are defined as those crimes involving:

            a. death,

            b. grievous bodily harm,

            c. values exceeding 104 times average weekly earnings, and

            d. crimes the penalty for which can be two years or more in prison. 

Judicial Proceedings

3.72. Every person whose case must be judged in judicial proceedings shall have the right to have this occur within three months in a court that is established by this Constitution, has jurisdiction, and is independent and impartial.

3.73. Where it is possible, a Citizen against whom a civil action is brought shall have the right to have the case heard before a court in the vicinity of the Citizen’s domicile. Legislation or the Appeal Court may provide for another jurisdiction in special cases. Court hearings shall be public, and the judgment shall be publicly proclaimed. The Appeal Court may approve exceptions.

Habeas Corpus

3.74. No citizen shall be deprived of liberty other than by those constitutionally or legally authorised to do so.

3.75. All persons deprived of their liberty shall be informed immediately, and in a language that they understand, of the reasons for their detention, and of their rights. They shall have the opportunity to assert their rights. In particular, they shall have their close relatives and partner informed.

3.76. All persons who are deprived of their liberty without a trial shall be heard in a court within a fair and just time. The court shall decide within 24 hours whether the detention is legal and the date/ time by which the case shall be heard.

3.77. Australian Citizens arrested in other countries for contravening the laws of that country shall remain subject to those laws but may be granted representation by the Australian National Parliament. 

Criminal Procedure

3.78. Every person shall be presumed innocent until the person is subject to a condemnation hav­ing the force of this Constitution or statute law.

3.79. Every accused person shall be informed as soon as possible and in full detail of the accusations. Accused persons shall have the opportunity to exercise a means of defence.

Right of Petition

3.80. Every citizen shall have the right to address petitions to authorities without suffering prejudice.

3.81. Authorities in receipt of petitions shall acknowledge receipt within 14 days and shall take cognizance of petitions.

3.82. Petitions seeking referenda shall be prepared and processed in accord with Schedule 3.

Political Rights

3.83. All Citizens over the age of 18 years shall have political rights and responsibilities.

3.84. The political rights and responsibilities of Citizens are contained in this Constitution and shall be guaranteed.

3.85. The National Parliament shall regulate the exercise of political rights in federal matters; the Regions shall regulate the exercise of these rights in regional and municipal matters in accordance with national policies established by this Constitution and the National Parliament.

3.86. No person shall exercise political rights in more than one Region.

This means a Citizen cannot vote or stand for election in two Regions in the same election.

3.87. The Regions may provide that new residents be restricted in the exercise of political rights in regional and municipal matters until after a waiting period of no more than three months.

Regional Electoral Commissioners may decide that a person resident for only one month is not in a position to vote on an issue that requires local knowledge.

Australian Citizens Domiciled Abroad

3.88. While domiciled abroad for a period in excess of 12 months, Australian Citizens forego voting rights.

It is considered that persons out of Australia for a period of 12 months or more are out of touch with events in Australia and unfamiliar with the attributes of candidates.

3.89. Except for those engaged in the affairs of State or those covered by bilateral agreements; Citizens domiciled abroad for a period in excess of six months, shall forego their right to free medical care and their right to welfare whilst they are overseas.

Australian taxpayers must be confident that expenditure of public funds is legitimate. It is considered that this is not possible if the expenditure occurs overseas. (This provision does not affect travelers, only those domiciled abroad.)

3.90. Obligation for military or alternative service shall not be absolved by overseas residence.

All Citizens must bear equal responsibility for the protection of Australian society. It should not be possible to avoid that responsibility simply by moving overseas.

Social Goals

3.91. Except as provided for in this Constitution, the National Parliament and the Regions shall ensure that, in addition to personal responsibility and private initiative:

a.  every adult Citizen shall have access to welfare;

b.  every Citizen shall have access to necessary health care; 

c.  disadvantaged Citizens shall be cared for at public expense;

d.  the family as a community of adults and children shall be protected and encouraged;

e.  every Citizen capable of working shall sustain himself through working under fair, safe and adequate conditions determined by the National Parliament;

f.   every person looking for housing shall be able to find, for himself or herself and his or her family, appropriate housing at reasonable conditions as determined by the Parliament;

g.  children and young people shall have access to initial and continuing education according to their abilities; and

h.  every Citizen shall strive for a better society.

Aborigines and Torres Strait Islanders

3.92. Aboriginal and Torres Strait Islander Citizens shall be treated the same as all other Australian Citizens except that some may choose to lead a traditional lifestyle in designated areas of the outback away from mainstream communities.

3.93. The Parliament shall decide what areas shall be available taking into consideration the national interest and the wishes of the persons involved.

3.94. Such persons shall be allowed to live such life styles free from any assistance or interference by mainstream agencies such as the Police, Welfare, Education, Taxation and Medical Services. Such persons shall have no access to money, alcohol or drugs and shall be protected from mainstream society.

According to the 2006 Census there are approximately 517,000 indigenous Australians; that is 2.5% of the total population. Of these, only 26% or approximately 134,000 live in remote or very remote areas; that is .6% of the population of Australia. It is these people most likely to choose a traditional lifestyle. The remainder of the indigenous population should be treated the same as all other Australians.

Over the last 100 years many programs have been designed and implemented to assist Aborigines and Torres Strait Islanders overcome perceived disadvantage. All have failed. In fact, as a result of past policies Aborigines and Torres Strait Islanders are now worse off than they have ever been. 

Past policies have failed because they tried to achieve assimilation and segregation at the same time. Policies have tried to give Aborigines and Torres Strait Islanders the advantages of Western society such as health and welfare services and at the same time preserve traditional cultures by allowing these people to live in remote communities. There is no hope of creating viable, meaningful, Western culture jobs in remote communities; so the people are condemned to welfare dependency with no pride and no hope. Consequently, not only is there a breakdown in law and order in the Western society sense, traditional culture also breaks down.

On the other hand, many Aborigines and Torres Strait Islanders brought up and thoroughly integrated into western society acquiring happy and integrated family relationships away from disordered family connections have proved to be happy, competent and contented members of main stream Australian society.

The above policy gives Aborigines and Torres Strait Islanders a clear choice. They can choose to live a traditional lifestyle in isolated country areas not otherwise required by mainstream society or they can choose to live in mainstream society with all the rights and responsibilities inherent in that. For this policy to succeed, Aborigines and Torres Strait Islanders and main stream society will require help to overcome prevailing cultural barriers.

Aborigines and Torres Strait Islanders should be encouraged to preserve their languages and customs in the same way immigrants have preserved theirs.

Responsibilities

General

3.100. In every case the exercise of any right shall carry a responsibility not to interfere with the rights of others.

Obligations of Australian Citizenship

3.101. Australian Citizenship shall:

a)    involve acceptance of and adherence to the provisions of this Constitution;

b)    involve acceptance of the basic principles that order the functioning of the Australian society;

c)    require the development of a strong sense of unity with and loyalty to the sovereign People of Australia;

d)    require a willingness to abide by the decisions of the People and the democratically elected representatives of the People;

e)    involve an expectation that Citizens shall by their own endeavour achieve a high level of independence and self support commensurate with their capability;

f)     require all citizens to bear responsibility for the outcome of their decisions and actions and those of their offspring under the age of 18 years;

g)    require Citizens in receipt of public services, support and welfare to fulfill any obligations imposed as a condition of that support;

h)   require Citizens in business to conduct that business in a fair, just and reasonable manner with respect to their employees, their suppliers and their customers;  to not profiteer; to not engage in collusive price fixing; to not take unfair advantage of others; and to not engage in any other unethical behaviour as defined by the Parliament;

i)     involve taking an interest in and participating in the democratic processes of voting at elections and referenda;

j)      require every Citizen to contribute to the needs of society in a fair and appropriate manner including jury duty when called upon;

k)    require practitioners in the arts to be cognisant of community standards; 

l)     require parents to teach their children acceptable behaviour, to enforce acceptable behaviour and that children behave in accord with community standards.

Military Service

3.102. Except as provided in this Constitution, between the ages of 18 and 38 years, it shall be mandatory that every able Citizen be trained to serve the Nation.  

3.103. Those undergoing military training shall be a member of the Military Reserve Forces from age 18 to 38 years. Military training shall be for a continuous period of 14 weeks during each and every five years from age 18 years to age 38 years. Such Citizens shall be obliged to render military service as and when required to defend the Nation. 

It is considered that blocks of 14 weeks is the minimum required to achieve a useful level of expertise without unduly disrupting civil occupations. It allows for three intakes in any 12 month period with appropriate periods between intakes for recovery and preparation in training establishments.

This training schedule equates to three weeks per year over 20 years – about one year in total. The option to undertake training at any time during a five year period allows Citizens maximum flexibility.

3.104. Deployment on active service shall count as double against this military training obligation.

For example, if a Citizen is called up for 14 weeks operational duty, he would expunge 28 weeks of obligation.

3.105. Citizens shall have the right to volunteer to serve part-time and full time in the Reserve Forces, to undertake specialist training, and to undertake training as Officers and Non-Commissioned Officers.

Alternative Service

3.106. The statutes shall provide for training in alternative services such as police, fire, ambulance, paramedic, coast watch, search and rescue services.  Those undergoing alternative training shall be a member of Emergency Services Reserve from age 18 to 38 years.  Alternative training shall be for a period of 15 weeks each and every five years between the ages of 18 and 38 years. Such Citizens shall be required to render such service as and when required in times of emergency.

3.107. Deployment on actual operations counts as double against this training requirement.

For example, a Citizen called out to assist with fighting bush fires or with flood mitigation for a period of two weeks would have their training obligation reduced by four weeks.

3.108. Although training and service to the Nation between the ages of 18 and 38 years is mandatory for every able female Citizen, military service is voluntary and nurturing mothers and pregnant women shall be exempt.

Nurturing mothers are defined as those with children under the age of 18 years domiciled with the mother.

3.109. Those rendering compulsory service shall be paid appropriately for the job they perform in that service.  If necessary, family income shall be augmented by the Commonwealth to a reasonable level bearing in mind the family income pertaining at the start of the Citizen’s service. 

3.110. Employers of persons undergoing training or deployed on operational service in the Military Reserve Forces and the Emergency Services Reserve shall be required to ensure such employees are reinstated without detriment at the conclusion of their service.

3.111. Those who render military or alternative service and thereby suffer health impairment or lose their life shall receive for themselves or their dependent relatives adequate support from the Commonwealth to ensure their income remains equal to or exceeds Average Weekly Earnings¹ adjusted annually.

¹ Average Weekly Earnings (AWE) as used throughout this Constitution shall mean Average Weekly Earnings as determined by the Bureau of Statistics.

3.112. The families of Citizens rendering operational military service shall be granted preferential treatment by all government agencies. For the purpose of this provision, “family” is defined as mother, father, spouse, son, daughter.

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