On 2 March 2016, the Australian Law Reform Commission released its final report, Traditional Rights and Freedoms — Encroachment by Commonwealth Laws (ALRC Report 129).
The report was the culmination of a two-year project, in which the ALRC was asked to identify and critically examine Commonwealth Laws that encroach upon traditional rights, freedoms and privileges recognized by the common law. The report canvasses a suite of Commonwealth laws that might be said to encroach on such rights and freedoms, and also provides a framework for analysis of whether such laws are justified.
Unlike other ALRC Reports, there are no concrete recommendations for reform. Rather, in each of the areas examined, the ALRC makes conclusions as to whether laws would benefit from further review. Importantly, the ALRC found many migration laws to encroach on rights and freedoms, and concluded that they be subject to further review.
In the attached briefing note, I consider the report’s findings and briefly examine whether the laws identified by the ALRC are justified, with reference to the ANU Migration Law Program’s submission.