AUSTRALIA
III. GENERAL LEGAL FRAMEWORK WITHIN WHICH HUMAN RIGHTS ARE PROTECTED 166 - 264
A. Summary 166 - 172 B. Introduction 173 - 174 C. Implementation of international human rights treaties 175 - 183 D. Existing institutional processes 184 - 222 E. Specialized human rights machinery 223 - 256 F. State and Territory anti-discrimination and equal opportunity legislation 257 - 260 G. Non-governmental organizations 261 H. International machinery for the protection of human rights 262 - 264
IV. INFORMATION AND PUBLICITY 265 - 276
A. The Human Rights and Equal Opportunity Commission 265 - 269 B. Report writing 270 - 275 C. State and Territory anti-discrimination and equal opportunity agencies 276
Annex: Australian Federal, State and Territory human rights agencies
1. The following is a statistical overview of the territory, population and economy of Australia:
The Land
Area (square km): 7 682 300
Length of coastline (km): 36 735
Percentage of total area: - Tropical zone 39
- Temperate zone 61
The People
- Population as at 30 September 1992: 17 581 000
- Urban population as per cent of total 1991: (cities over 100 000) 63
- Number of inhabitants per square kilometre: 2.3
- Aboriginal and Torres Strait Islander population 1991: 265 378
- Per cent of total population: 1.6
- Population of State and Territory capital cities 1991:
- Sydney: 3 097 954
- Melbourne: 2 761 996
- Brisbane: 1 145 542
- Perth: 1 018 702
- Adelaide: 957 480
- Canberra: 299 888
- Hobart: 126 306
- Darwin: 67 946
- Per cent of population born overseas 1991: 22.3
- Per cent of population who speak a language other than English at home 1991 (persons aged 5 years or more): 17.4
- Estimated per cent of people aged 5 and over who do not speak English at all: 0.4
- Estimated per cent of adult population unable to perform everyday reading and writing tasks in English: 10.0
- Religious affiliation as per cent of population 1991:
- Christian: 74.0
- Non-Christian: 2.6
- Other: 23.4
- Males: 74.35
- Females: 80.29
- Total fertility rate 1991: 1.85
- Infant mortality 1991
- Males: 7.9
- Females: 6.3
- Maternal death rate per 100,000 confinements (1988-1990): 5.4
- Per cent of population under 15 (30 June 1992): 21.83
Per cent of population 65 and over (30 June 1992): 11.36
The Economy
- Gross Domestic Product Per Capita 1991/1992: $A 22 088
- Gross Domestic Product 1988 to 1992 (average annual percentage growth, 1989-1990 prices): 2.2%
- Inflation 1992: 0.3%
- Average Annual Unemployment Rate 1992: 10.8%
- Net External Debt ($A billion) 1992: 155.5
- Australian dollar per United States dollar
(average of daily figures 1992): 1.360
2. Australia comprises a land area of 7,682,300 km2. The following table shows the area of Australia in relation to areas of other countries:
China
Japan
United Kingdom
United States of America
9 590
372
244
9 636
3. The island continent of Australia features a wide range of climatic zones, from the tropical regions of the north, the arid expanses of the interior, to the temperate regions of the south.
4. Widely known as "The Dry Continent" the land mass is relatively arid, with 80 per cent having a median rainfall less than 600 mm per year and 50 per cent less than 300 mm. The areas receiving most rain are concentrated in the east of the continent, particularly in the coastal area, together with some limited areas of the west coast. Seasonal fluctuations can be great, with temperatures ranging from above 50_ C to well below zero. However, extreme minimum temperatures are not as low as those recorded in other continents not only because of its latitude but because of the absence of extensive mountain masses and because of the expanse of the surrounding oceans.
5. Although the climate can be described as predominantly continental, the insular nature of the land mass produces modification to the general continental pattern.
6. Australia can be host to any of nature's disasters, particularly droughts, floods, tropical cyclones, severe storms and bushfires.
7. The principal source of demographic data used in this report is the 1991 Census. Where more recent information was available it has been used. The Census is conducted at five-yearly intervals. The most recent Australian Census was carried out on 6 August 1991. The following table gives the population of Australia:
8. Australia's average annual growth rate between June 1989 and June 1992 was 1.42 per cent per annum. The sex ratio in June 1992 was 99.3 males to 100 females. Females outnumbered males in the 35-39 age group and from 60 years onwards.
9. Australia's population has more than doubled over the last 45 years with migration accounting for approximately 40 per cent.
10. Most of the Australian population is concentrated in two widely separated coastal regions. By far the largest of these, in terms of area and population, lies in the south-east, stretching in an unbroken crescent from
South Australia through Victoria, Tasmania and New South Wales to Queensland.
12. The following table gives the Aboriginal and Torres Strait Islander population:
Torres Strait Islanders
Total
13 392
131 604
13 329
133 774
26 721
265 378
13. Aboriginal peoples have lived in Australia for at least 40,000 years. They are generally thought to have come to Australia from the South-East Asian mainland over an island network that existed during the last Ice Age. The size of the pre-colonial Aboriginal population is not known with accuracy, but estimates range from 300,000 to more than 1 million.
14. The Torres Strait Islanders are Australia's other indigenous people. Although often grouped with Aboriginal people, they have their own distinctive culture, traditions and history. Their homeland is the islands situated between the tip of Queensland - Cape York - and Papua New Guinea.
15. No one knows how long people have been living in the Torres Strait, but the islands were certainly inhabited when the first Europeans - the Spanish Torres expedition - visited in 1606. The Torres Strait Islanders' culture and way of life suggest that they are related to people on the Papuan coast nearby. The people who live off Cape York had regular contacts with their Aboriginal neighbours.
16. Aboriginal and Torres Strait Islander people maintained a sophisticated cultural life with each language speaking group essentially equating with a particular land area and having traditional ownership of that land.
17. Less than 25 per cent of Aboriginal and Torres Strait Islander people lived in cities of more than 100,000 people. One third lived in rural areas, over twice the rural concentration of the population taken as a whole. The indigenous population of the Torres Strait itself was 4,600, of whom the vast majority would be Torres Strait Islanders. That means that only approximately 16 per cent of Torres Strait Islanders now live in the Strait.
18. In 1991, Australia's population was 16,850,334. The sex ratio was 98.6 males to 100 females. Females outnumbered males in ages 25 to 39, and from 60 onwards. Women greatly outnumber men in the older age cohorts, and the differential increases with age. Because of their greater longevity, women are more likely to be widowed, to live alone or to live in a residential care setting in old age. In 1991, 58 per cent of all people living alone were women.
19. The number of households headed by women is difficult to ascertain because it is not clear from Census data who is the head in the case of couple families. In 1991, 9 per cent of all families in Australia were sole parent families. The parent was a female in about 87 per cent of these families.
20. Of the people counted in the 1991 Census, over one fifth (nearly 4 million people) were born overseas. More than 1 million of them were born in the United Kingdom and Ireland and this was by far the largest single group, accounting for 31 per cent of all people born overseas. Overall, 61 per cent of people born overseas were born in Europe. A further 18 per cent were born in Asia with the largest single group born in Viet Nam. The following tables show the percentage of the population born overseas and their places of birth:
1976
1981
1986
1991
13 548 448
14 576 330
15 602 156
16 850 334
20.1
20.9
20.8
22.3
Australia
Other
6 276 914
175 994
6 452 908
6 448 253
175 184
6 623 437
12 725 167
351 178
13 076 345
75.5
2.1
77.6
Europe and USSR (not further defined) United Kingdom and Ireland
Southern Europe
Western Europe
Northern Europe
Eastern Europe
USSR and the Baltic States
339
589 710
350 062
135 268
14 614
66 997
21 132
1 178 122
300
585 133
312 503
128 638
12 715
59 966
23 396
1 122 651
639
1 174 843
662 565
263 906
27 329
126 963
44 528
2 300 773
0.0
7.0
3.9
1.6
0.2
0.8
0.3
13.7
Middle East
North Africa
71 015
19 705
90 720
63 231
18 413
81 644
134 246
38 118
172 364
1.0
North-East Asia
Southern Asia
Northern America
South and Central America and Caribbean Africa (excl. North Africa)
Not stated
98 103
56 587
38 132
35 037
47 227
1 594
188 575
8 363 767
101 185
54 224
37 037
36 920
47 203
1 591
180 336
8 487 217
199 288
110 811
75 169
71 957
94 430
3 185
368 911
16 850 984
1.2
0.7
0.4
0.6
2.2
100.0
Multicultural Australia
21. Australia's non-discriminatory immigration policy has resulted in a diverse society in which people of different ethnic and racial origins live together sharing a commitment to the language, laws, institutions and interests of Australia.
22. The Government's policies on multiculturalism are founded on three principles:
23. Multiculturalism accepts the contribution of all cultures to Australia but it is not a policy to encourage ethnic or cultural separatism. Rather, it is a policy to provide all Australians, including the original inhabitants, the Aboriginal and Torres Strait Islander peoples, and the descendants of all later immigrants, with the opportunity to participate fully in and contribute to Australian society.
24. As public policy multiculturalism encompasses those government measures designed to respond to the cultural and ethnic diversity of contemporary Australia. The Federal Government and some of the State governments have adopted access and equity policies aimed at ensuring that all residents of Australia enjoy equal access to the resources managed by the Government on behalf of the community. The object of the access and equity strategy is to remove the barriers of race, language, religion or culture in policy formulation, programme design and service delivery. Measures now in place to help achieve this aim include the provision of information in languages other than English, access to the telephone interpreter service, cross-cultural training of public servants and community consultations.
25. This strategy also contributes to the Government's focus on strengthening social cohesion between various elements of the Australian community and fostering good community relations. There are measures in place to enhance communication and cooperation between the Government and the community to this end.
Refugees
26. Australia, along with other signatories to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, endorses the approach of the United Nations High Commissioner for Refugees to promote durable or long-term solutions for refugees.
27. The size of Australia's refugee and humanitarian entry programme is determined each year by the Australian Government. The programme for 1991/92 was 12,000 places. For 1992/93, the planning figure was initially set
at 10,000 places but was subsequently increased to 12,000 places in response to increased humanitarian demands and the United Nations High Commissioner for Refugees' revised assessment of resettlement needs for 1993.
28. The refugee and humanitarian programme has recently been separated from the migration programme to ensure that international and humanitarian considerations can be balanced against domestic economic and social considerations which guide the setting of the migration programme.
29. In 1991/92, 7,157 persons arrived in Australia under refugee and humanitarian programmes, 3,999 men and 3,158 women. The majority of arrivals were from South-East Asia and the Middle East. There were also significant numbers from Central America and South Asia. Principal source countries were El Salvador [1,096], Iraq [1,069] and Viet Nam [1,044]. The following table shows the refugees' place of origin:
Financial year 1991/92
Europe and the former USSR
Middle East and North Africa
South-East Asia
South and Central America and Caribbean
Africa (excl. North Africa)
548
1 898
2 000
92
1 044
0
1 260
311
3
7 157
7.7
26.5
27.9
1.3
14.6
17.6
4.3
Language
30. Australian English is the predominant language spoken in Australia. However, the Australian Language and Literacy Policy released in August 1991 recognizes that Australia's cultural vitality is also a product of other languages spoken in the community. These include the indigenous languages of Aboriginal and Torres Strait Islander peoples as well as European and Asian languages.
31. According to the 1991 Census over 2½ million people, or about 17.4 per cent of those aged five years and over, spoke a language other than English at home. Italian ranked foremost with over 409,247 speakers, followed by Greek with 274,999 and then by Chinese languages, Vietnamese, German and Arabic/Lebanese each with more than 100,000 speakers. The following table provides a detailed breakdown:
Arabic including Lebanese
Chinese languages*
Croatian
Dutch
French
German
Greek
Italian
Macedonian
Maltese
Polish
Serbian
Spanish
Turkish
Vietnamese
Yugoslav (not explicitly identified)** Other***
76 413
126 244
31 414
22 294
22 149
56 423
139 079
207 205
31 392
26 383
30 675
11 964
42 436
19 561
54 022
21 573
229 672
189 156
70 965
124 985
29 375
25 300
23 533
58 941
135 920
202 042
30 015
25 588
34 027
11 172
43 850
18 440
48 040
20 745
246 048
182 149
147 378
251 229
60 789
47 594
45 682
115 364
274 999
409 247
61 407
51 971
64 702
23 136
86 286
38 001
102 062
42 318
475 720
371 305
0.9
1.8
2.6
0.1
3.1
2.4
17.4
* Comprises Cantonese Mandarin, Chinese as stated and Chinese languages (not explicitly identified).
** Comprises Yugoslav (not explicitly identified) and Serbo-Croatian.
*** Includes other language indicated but not stated and inadequately described.
Literacy
32. Adult English literacy needs in Australia were identified in a national survey which was conducted in 1989. From that survey it can be estimated that at least 10 per cent of adults are unable to perform everyday reading and writing tasks in English. Of these about 650,000 were of English-speaking background. In 1989 it was estimated that 44,000 people were enrolled in adult literacy programmes.
33. The Australian Language and Literacy Policy released in August 1991 sets out more than $333 million in measures and new directions to address these critical shortcomings in Australia's competence in English and other languages. The four key goals of the policy are that:
- All Australians should develop and maintain effective literacy in English to enable them to participate in Australian society;
- The learning of languages other than English must be substantially expanded and improved;
- Those Aboriginal and Torres Strait Islander languages which are still transmitted should be maintained and developed, and those that are not should be recorded where appropriate; and
- Language services provided by interpreters and translators, the print and electronic media and libraries should be expanded and improved.
35. The Aboriginal and Torres Strait Islander Languages Initiatives Program supports community-based Aboriginal and Torres Strait Islander language maintenance, development, research and retrieval.
Religion
36. Details on religious affiliation have been collected in all Australian censuses. However, since the 1933 Census, it has been clearly stated on the census form that answering the question on religion is not obligatory. By 1991, 23 per cent of the population described themselves as either having "no religion" or did not answer the question.
37. One thousand nine hundred and ninety one Census data show that the Australian population is predominantly Christian with the majority associating themselves with the two major groups, the Catholic Church (27.3 per cent) and the Anglican Church of Australia (23.9 per cent).
38. There has been a slight increase in the proportion of persons of non-Christian religions since 1981, from 1.4 per cent to 2.6 per cent in 1991. The following table shows the religious affiliations of the population:
Anglican
Baptist
Catholic
Churches of Christ*
Jehovahs Witness
Lutheran
Orthodox
Pentecostal
Presbyterian**
Salvation Army
Uniting Church
1 935 173
132 732
2 252 114
35 014
33 468
122 144
242 957
70 421
357 480
32 236
640 644
160 568
6 014 951
2 083 597
147 188
2 354 530
43 025
41 083
128 700
231 964
80 244
374 747
39 748
747 002
178 865
6 450 693
4 018 770
279 920
4 606 644
78 039
74 551
250 844
474 921
150 665
732 227
71 984
1 387 646
339 433
12 465 644
23.9
1.7
27.3
0.5
1.5
2.8
8.2
2.0
74.0
Buddhist
Islam
Judaism
69 775
77 958
36 099
42 966
226 798
70 072
69 549
38 287
40 546
218 454
139 847
147 507
74 386
83 512
445 252
No religion***
1 209830883 852
8 362 167
966 778
828 470
8 487 512
2 176 608
1712 32216849
679
12.9
10.2
* Comprises Churches of Christ and Churches of Christ Non-denominational.
** Comprises Presbyterian so described and Reformed.
*** Includes Humanist/Materialist. Health
39. In comparison with other countries, Australia ranks amongst those with the lowest mortality levels and the highest expectations of life. The current trend is towards a levelling of the crude death rate following two decades of consistent falls. The decline in death rates is a result of continuing improvements to community health care, public awareness of health issues and advances in medical science and technology.
40. In Australia, as in most other countries, females have lower death rates than males (see table). Age specific rates show this discrepancy occurring across all age groups. The overall effect of this difference in death rate has been to increase the proportion of females in the older age groups of the population. Because of their greater longevity, women are more likely to be widowed, to live alone or to live in a residential care setting in old age.
41. The three most prevalent causes of death at the present time are ischaemic heart disease, cancer and cerebrovascular disease or stroke.
42. The life expectancy at birth remains much lower for Aboriginal and Torres Strait Islander people than for the total Australian population. From the available data, the overall expectation of life at birth is 55.2 years for males and 63.6 years for females.
43. In 1988, the total fertility rate reached its lowest point of 1.84 live births per 1,000 population (see table). Since then it has been rising and in 1990 the total fertility rate was 1.90. However, it declined again in 1991 to 1.85.
44. The overall level of child bearing amongst Aboriginal and Torres Strait Islander women is significantly higher than among other Australian women. The difference is apparent among women of all ages, but is particularly high between the ages of 15-19 and 20-24 years where the fertility rates of Aboriginal and Torres Strait Islander women are three times that for all Australian women of the same age.
45. As shown in the table, Australia's infant mortality rate per 1,000 live births in 1991 was 7.1 overall - 7.9 for males and 6.3 for females. The difference between the male and female mortality rates has narrowed appreciably, but the ratio of th rates has remained remarkably constant at around 1.3. For children aged under one year it was 7.6 for males and 5.9 for females. For children aged 1-4 years it was 0.4 for males and 0.3 for females.
46. Internationally the Australian infant mortality rate is among the lowest, being comparable with rates for the United Kingdom and Norway, and lower than those for New Zealand, Italy, Spain and the United States. The Australian rate is higher than rates in Japan, Iceland, Sweden, the Netherlands and Canada.
47. For Aboriginal and Torres Strait Islander children, however, the 1990 infant mortality rate was 22.5. Rates for children aged 0-4 years in 1984-89 were 6.5 for males and 5.4 for females.
48. Australia's maternal mortality rate during 1988-1990 was 5.4 per 100,000. The maternal mortality rate for Aboriginal and Torres Strait Islander women of 28 per 100,000 is considerably higher than that of the general population. Strategies to decrease maternal mortality amongst Aboriginal and Torres Strait Islander women have been identified in the National Aboriginal Health Strategy, the National Women's Health Program, the Alternative Birthing Strategy and Australia's National Program of Action pursuant to the World Declaration for the Survival, Protection and Development of Children. The following table gives numbers of childbirth-related deaths:
49. For 200 years Australia has had a relatively youthful age structure, caused by high birth rates and high levels of immigration. Recently, however, the trend has mirrored other western countries which, without Australia's relatively high levels of immigration, have been experiencing declining birthrates and greater life expectancy.
50. The proportion of the population aged between 0-19 was estimated at almost 29.4 per cent in 1992, a fall from 31.5 per cent in 1986. In these age groups males outnumber females by a ratio of 95.3 females to 100 males. The proportion of the population aged 65 or more increased from 10.6 per cent in 1986 to 11.36 per cent in 1992. It is expected to reach 12 per cent by 1996. This represents a growth of 13.2 per cent in a decade. The median age increased from 31.1 in 1986 to 32.5 in 1991 (see table).
52. Over half of all Aboriginal and Torres Strait Islander people were under the age of 20 in 1986, compared with less than a third of all Australians. The difference in age structure was most pronounced in the youngest and oldest age groups. The proportion of Aboriginal and Torres Strait Islander people under 5 years of age was 14 per cent, almost double that of the total population. Only 6 per cent were over 54 years of age, compared to 20 per cent of the total population. This was due to the higher fertility rate and shorter life expectancy of Aboriginal and Torres Strait Islander people.
The economy
53. Australia ranks among the most developed countries in the world. Based on the latest available comparisons, for 1990, Australia's per capita income (Gross Domestic Product (GDP) per capita) is 13th highest among the 24 members of the Organisation for Economic Cooperation and Development (see table). GDP is the official measure of economic output used in Australia, and is equivalent to Gross National Product (GNP) less net overseas income. In Australia the value of GNP historically has been less than GDP, but not significantly so.
56. The direction of Australian trade has shifted increasingly towards the Asian region, reflecting its rapid growth and industrialization and Australia's increasing orientation to the region. The share of Australian exports going to Asia rose from 45 per cent in 1979/80 to 57 per cent in 1991/92.
57. The following table shows GDP growth since 1961:
58. The 1950s and 1960s marked an era of rapid expansion for the Australian economy, assisted by high rates of immigration, a growing manufacturing sector, generally strong demand for staple exports such as wool and wheat and, towards the end of the period, high rates of mineral export growth.
59. As was the case for most industrial countries, the difficult adjustments to the oil price shocks of the 1970s resulted in a significant slowing in economic growth.
60. The 1980s opened with stronger growth, assisted by a marked expansion in the resources sector associated with expectations of sustained higher world energy prices. This expectation failed to materialize, which, together with a build-up in wage pressures, a serious drought and an international slowdown, led to a recession in 1982/83. Following this recession, the Australian economy grew strongly for a sustained period and, over the 1980s as a whole, Australia's economic growth was the fifth highest of the OECD nations.
61. From mid-1983 onwards, a Prices and Incomes Accord between the Federal Government and the trade union movement assisted Australia's economic performance by providing an equitable framework for wage restraint and by re-establishing a sound profit share. Toward the end of the 1980s, a high level of corporate profitability and strong economic growth were associated with record levels of business investment.
62. Corresponding to the trends in economic growth, growth in GDP per capita was relatively high in the 1960s and slowed significantly in the 1970s (see table). The strong rates of economic growth achieved during the 1980s were associated with continued moderate growth in GDP per capita.
63. Per capita GDP fell in 1990 and 1991 (see table). The economic downturn from the high rates recorded in the late 1980s was exacerbated by a decline in the terms of trade (reflecting poor international economic conditions), a severe drought and a fall in asset prices, which exposed over-investment in some key areas of the economy, such as office-building construction. Since mid-1991, there has been a moderate recovery. Reflecting the subdued world economic outlook, the recovery is forecast to remain modest by historical standards.
64. As shown in the table, the strong growth in the economy in the 1960s was associated with generally low inflation. In the 1970s, Australia's inflation rate rose significantly, as was the case for most other industrial countries. Inflation stayed high through the 1980s, rising to above 10 per cent in the early part of the decade due to strong wages growth before declining following the introduction of the Prices and Incomes Accord.
65. In the early 1990s, Australia made a break from its high inflation past. By December 1992, the annual inflation rate had fallen to 0.3 per cent, the lowest recorded since 1964. This reflected a range of factors, including ongoing wage restraint, the effects of the recession on domestic demand and reductions in mortgage interest rates. After being generally above the OECD average inflation rate over the past 20 years, Australia is now producing a better inflation performance than most other industrial countries. Importantly, the decline in inflation has been accompanied by a marked fall in inflationary expectations to historic lows, providing a basis for maintaining low inflation in the economy.
66. The high rates of economic growth in the 1960s resulted in high rates of employment growth and a low level of unemployment. Much lower employment growth and a rise in unemployment were experienced during the 1970s, as Australia's economic growth slowed and real unit labour costs increased. In the second half of the 1980s, under the influence of the Prices and Incomes Accord, employment, in particular part-time employment, grew strongly. A major feature of this period was a sharp increase in the proportion of the adult female population either in or seeking employment. This meant that even though employment increased strongly, unemployment fell more slowly to a low of around 5.9 per cent in 1989.
67. More recently, the recession of the early 1990s was associated with a decline in employment and an increase in the unemployment rate to 11%. Female employment did not fall as significantly as male employment, reflecting further growth in part-time employment opportunities and declines in some male dominated sectors, such as manufacturing and construction. As a result, the female unemployment rate is below the male unemployment rate for the first time (see table).
68. The Aboriginal Employment Development Policy was established in response to the finding of the Miller Report (1985) which identified major inequities in Aboriginal and Torres Strait Islander employment and education outcomes compared to those of the general population. The Training for Aboriginals Programme (TAP) is directed at individuals through the Commonwealth Employment Service and through the development of major employment strategies with private and public sector agencies. TAP is designed to create equitable outcomes in terms of the geographic distribution and the status of Aboriginal and Torres Strait Islander employment and to ensure that Aboriginal and Torres Strait Islander employment covers the range of occupations. The Training for Aboriginals Programme allocation was $45.785 million for 1992/93.
69. Australia has traditionally been a net importer of capital, facilitating the development of a rich endowment of natural resources at a faster pace than would have been possible if domestic savings were the only source of investment funds. Australia, therefore, has traditionally run a current account deficit (CAD), reflecting the use of a net inflow of capital to fund investment.
70. During the 1960s and 1970s the merchandise trade account was generally in surplus, while net services, net income and net unrequited transfers were in deficit. However, this pattern was altered in the 1980s, when declines in the terms of trade and strong domestic demand meant that the CAD did not fall below 3.4 per cent of GDP. Apart from small surpluses in 1983/84 and 1987/88, the balance on merchandise trade was in deficit, and as a result of the growing cost of servicing the related build-up in external liabilities, the net income deficit increased.
71. The net external debt to GDP ratio increased significantly during the 1980s, reflecting a marked increase in the size of the current account deficit and with more of it financed through borrowings rather than equity.
72. The CAD has fallen in recent years from 6 per cent of GDP in 1989-90 to around 3 per cent in 1991/92 and the surplus on the balance of goods and services in 1991/92 was the first since 1979/80.
73. Economic policy has faced a number of challenges over the last two decades. The 1970s witnessed the oil price shocks and a rise in unemployment and inflation. In the 1980s, there were sharp swings in the terms of trade and the exchange rate, rising external debt and, in more recent times, a recession following the asset price boom in the late 1980s.
74. Reflecting the experiences of the past two decades, it is recognized that sustained improvements in living standards require economic policy to be largely set in a medium-term context, with appropriate consideration for the relative strengths of the different arms of policy. Fiscal policy has been targeted to achieve a better balance between domestic demand and production, particularly through its contribution to raising national savings, while still providing a short-term stimulus to assist the recovery. Monetary policy is focused on reducing inflation and inflationary expectations. Wages policy is aimed at restraining aggregate wages, while increasing labour market flexibility.
75. A framework has been established for the transition to an enterprise-based wage-setting system that will enable the needs and demands of a competitive trading environment to play a greater role in wage determination. Greater scope for real wage flexibility will improve the allocation of labour resources across and within industry, improving productivity and industry competitiveness.
76. Microeconomic reform, aimed at increasing the productivity and competitiveness of Australian industry, has been a key part of policy since the mid-1980s. There have been major reforms in the financial sector; in public utilities such as transportation, communications and electricity, an overhaul of the taxation system to make it more internationally competitive and less distortionary domestically and significant reductions in industry protection in the form of quotas and tariffs. Concerted efforts are also being made to introduce greater uniformity in standards and regulations across Australia.
77. Australia has a federal constitutional system in which legislative, executive and judicial powers are shared or distributed between the various Federal institutions and the six States - New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania - and two internal self-governing Territories. In each of these political units there is a parliament elected by the people, an executive, responsible to that parliament, formed by the majority party or parties in parliament, and an independent judiciary.
78. In addition to the States, there are 10 Australian Territories. The Australian Capital Territory and the Northern Territory, which are both internal Territories, are self-governing and may be regarded, for the purposes of this report, as standing in substantially the same position as a State of Australia. A third territory - Norfolk Island - has limited legislative and executive government to enable it to run its own affairs to the greatest practicable extent.
79. The Australian Constitution is principally concerned with the establishment of the Federal organs of government and with the distribution of constitutional power between the Federal and State Governments.
80. The Constitution also provides for the establishment and distribution of power between the three organs of government, the legislature, the executive and the judiciary, and that these organs shall be separate and distinct from each other.
81. Under the Australian Constitution the legislative power of the Commonwealth of Australia is vested in the Parliament of the Commonwealth, which consists of the Queen, the Senate and the House of Representatives. The Queen is represented throughout the Commonwealth of Australia by the Governor-General.
82. Following a general election in the federal sphere, the Governor-General commissions a member of the Parliament to be Prime Minister. The person chosen is the leader of the party, or one of a coalition of parties, which obtained a majority of seats in the House of Representatives or the person who is able to obtain the general support or "confidence" of a majority of that House. Other Ministers of the Government are appointed by the Governor-General on the recommendation of the Prime Minister from among the members of Parliament.
83. In Australia, the law consists of:
(a) Acts passed by the Federal Parliament acting within the scope of its powers under the Australian Constitution, together with delegated or subordinate legislation made under such Acts;
(b) Ordinances made in respect of the Australian Capital Territory, the Northern Territory, Norfolk Island and the other territories, together with delegated or subordinate legislation made under such Ordinances;
(c) Acts passed by State parliaments and the Legislative Assemblies of the Northern Territory, the Australian Capital Territory and Norfolk Island, together with delegated or subordinate legislation made under such Acts.
(d) So much of the common or statute law of England that was received and still applies to Australia and remains unrepealed; and
(e) The Australian common law, which developed from the English common law and is interpreted and enunciated by the Courts.
84. In Australia each of the Federal and State systems incorporates the three arms of government; legislative, executive and judicial. Thus, there are separate systems of courts in the Federal and State spheres and the Constitution recognizes both State judicial power and Federal judicial power. The High Court of Australia, however, is the final court of appeal in respect of all matters, whether decided in Federal or State jurisdictions.
85. Aboriginal and Torres Strait Islander people settled in Australia more than 40,000 years ago. There were up to 200 different language-speaking groups living throughout mainland Australia and most of the major islands off the coast including what is now the State of Tasmania.
86. In the sixteenth and seventeenth centuries the Spanish, the Portuguese and the Dutch explored the surrounding seas and the coastline of Australia. The English made their first appearance on the Australian coast in 1688. Formal "possession", on behalf of the British Crown, of the whole of the eastern part of the Australian continent and Tasmania was taken on 7 February 1788. By the middle of 1829, the whole territory, now known as Australia, had been constituted a dependency of the United Kingdom.
87. Between 1788 and 1859 six separate colonies were established around Australia - New South Wales, Victoria, Tasmania, South Australia, Western Australia and Queensland. These colonies were quasi-sovereign bodies, equal in status and politically independent of each other, with their own representative parliaments.
88. Due to the size of the Australian continent and the circumstances surrounding the establishment of the various settlements, the initial tendency was toward individual evolution of the separate colonies. However, it was not long before the importance of the relationship between the colonies was clearly recognized. The need to provide for the defence of Australia, to abolish internal customs barriers and to have a common immigration policy were some of the issues which drove the movement to federation.
89. The Australian Federation was established under the Commonwealth of Australia Constitution Act 1990, an Act of the Parliament of the United Kingdom which became operative from 1 January 1901. Under its terms, the six previously separate colonies were united in "one indissoluble Federal Commonwealth under the Crown of the United Kingdom". The existence of the colonies, however, was preserved under the names of States and it was contemplated that the rights of the States would be security entrenched and the equality of the original States maintained.
90. The creation of the Commonwealth of Australia by the union of the six Australian colonies did not in itself establish Australia as an independent nation. Australia remained a part of the British Empire. The Constitution did, however, establish the basis for independence and evolution toward sovereignty in international law and the independence of the Federal Parliament proceeded rapidly as a result of the First World War, in which Australia and the other British Commonwealth countries played a prominent part.
91. The first major step toward self-government in foreign affairs occurred at the Peace Conference of 1919. Australia had separate representation equivalent to that of other non-major Powers, signed the Peace Treaty, became a member of the League of Nations, and was given mandated territories under the authority of the League.
92. An Imperial Conference of 1926 resulted in a declaration to the effect that the United Kingdom and her Dominions, including Australia, were autonomous communities within the British Empire, equal in status though united by a common allegiance to the Crown. It was further declared that the Governor-General was no longer a representative of the British Government and that the Australian Government and not the British Government was to advise the King on Dominion affairs.
93. During the period between the two world wars the powers of the British Government with respect to Australia were further rolled back and by the end of the Second World War Australia had achieved full independence as a sovereign nation State.
94. The Australian Constitution is principally concerned with the establishment of the Federal organs of government and with the distribution of constitutional power between the Federal and State Governments.
95. The initial provisions of the Constitution provide for the office of the Governor-General to represent the Queen throughout Australia. Chapters I and II establish the two Houses of Parliament and the executive government and define to some extent their powers and responsibilities. Chapter III establishes the federal judicature and Chapter IV relates to finance and trade. Detailed saving of the constitutions of the States, other matters relating to the States and Commonwealth/State relations are contained in Chapter V and Chapter VI allows for the establishment of new States. Chapter VIII contains provision for amending the Constitution by referendum.
96. The Constitution combines responsible democratic parliamentary government on the Westminster model - the system which had previously existed in the federating colonies - with a division of legislative power between the Federal Government and State Governments, the Federal Government being given a list of specific powers and the States retaining the undefined residue. It was intended at Federation to create a Federal Government with limited power and authority, leaving all residual power to the colonies in their newly created form of independent States.
97. Most of the heads of power enumerated in the Constitution are concurrent, that is, both the Federal Government and the State Governments may legislate on these subjects. If both the Federal Government and a State Government legislate on the same subject and the two pieces of legislation are inconsistent, then the State legislation will be invalid to the extent of the inconsistency and the Federal legislation will prevail. Where the Federal legislation covers the whole field on any subject matter any State legislation on the same subject matter will be invalid.
98. Among the more important matters which fall within the area of concurrent Federal and State power are interstate and overseas trade and commerce, taxation (other than duties of customs and excise), banking, insurance, bankruptcy, copyrights, patents, trade marks, marriage and divorce and certain social services such as invalid and age pensions, maternity and family allowances, child endowment, unemployment and sickness benefits and medical and dental services.
99. Certain matters are removed altogether from the legislative jurisdiction of the States and given exclusively to the Federal Government. These include the levying of customs and excise duties and, subject to some exceptions, the granting of bounties on the production or export of goods; the coinage and effectively the determination of what may be legal tender for payment of debts; and matters relating to those departments of the public service the control of which was transferred to the Federal Government by the Constitution, for example, the post office, the defence departments and the departments dealing with quarantine matters.
100. No State may, without the consent of the Federal Government, maintain its own armed forces. The Royal Prerogative of declaring war and making peace is exercisable only on the advice of the Federal Government and only the Federal Government is recognized as being competent to negotiate and conclude treaties.
101. If a subject is not explicitly mentioned or necessarily implied in the Constitution, then the Federal Government has no express power to legislate on it. Such areas include education, employment, public health, housing and the general criminal law - except in the Territories or to the extent to which they may be connected with other Federal powers. It can nevertheless exercise considerable influence over those matters through the express powers which it has been given, including its financial powers and its power over "external affairs".
102. Under section 96 of the Constitution, for example, the Federal Government is given the power to grant financial assistance to the States on any terms and conditions it thinks fit. The Federal Government has wide powers to attach conditions to such a grant to determine the purposes to which the grant may be applied, even though the specified purpose is outside the constitutional power of the Federal Government. As the finances of the States depend to a large extent on such grants, section 96 gives the Federal Government the ability to influence State policy in areas falling within State residual power.
103. Section 51 (xxix) gives the Federal Government the power to make laws with respect to external affairs. The High Court has held that section 51 (xxix) grants the power to make laws to implement obligations arising under a treaty to which Australia is a party and this may include laws with respect to subject matter which does not otherwise fall within the power of the Federal Government. The High Court has also suggested that a matter of international concern could, in the absence of a treaty, be the object of legislation under section 51 (xxix).
104. It is also possible under section 51 of the Constitution for the Federal Parliament to make laws on a matter referred to it by a State. Such a law would only extend to the State which referred the matter to the Federal Parliament or to a State which afterwards adopts the law.
105. The Constitution also provides for the establishment and distribution of power between the three organs of government, the legislature, the executive and the judiciary and that these organs shall be separate and distinct from each other.
106. The Constitution provides in section 128 for the amendment of its own provisions. The method adopted, however, has resulted in changes to the Constitution being very difficult to achieve. A proposed amendment must first be passed by an absolute majority in both Houses of Parliament. The proposal must then be put to the people of Australia in a referendum for a straight "Yes" or "No" vote. The amendment will only be passed if it receives an affirmative vote in the referendum from the majority of Australian people and majorities in at least four out of six of the States.
107. There have been 42 referendums seeking sanction to amend the Constitution since 1901. All but eight of the proposals were rejected.
108. One of the eight proposals for constitutional change which was accepted went to referendum in 1967. This was a very significant landmark for Aboriginal and Torres Strait Islander people and involved amending section 51 of the Constitution and repealing section 127. The effect of these changes was to give the Commonwealth Government the power to make laws for Aboriginal and Torres Strait Islander people in the States, concurrently with State Governments and to enable Aboriginal people to be counted in reckoning Australia's population.
109. Under the Australian Constitution the legislative power of the Commonwealth of Australia is vested in the Parliament of the Commonwealth, which consists of the Queen, the Senate and the House of Representatives. The Queen is represented throughout the Commonwealth of Australia by the Governor-General.
110. The Upper House is known as the Senate and has 76 members. The Senate was intended to represent the interests of the people of the States as part of a federal system. Membership of the Senate is not determined by population or by size of territory. The less populated States and the States smaller in size have as many members, currently 12, as the more populated or larger States. All States have equal standing and an equal voice. Section 7 of the Constitution provides that senators for each State are directly chosen by the people of the State voting as one electorate. Since December 1975 four territorial senators represent the two self-governing territories, the Australian Capital Territory and the Northern Territory, in the Senate.
111. The Lower House is known as the House of Representatives. The House of Representatives has 147 members elected on a popular basis from single member electorates so that the number of members chosen to represent each State is in proportion to its population.
112. In general, legislation must be passed by both houses before being presented to the Governor-General for assent and becoming law.
113. Australia has an electoral system based upon the democratic principles of universal adult suffrage and the right of electors to have their votes accorded the same value as the votes of other electors. The qualifications for enrolment to vote are identical for both Houses. A person who is 17 years of age or older and an Australian citizen and has lived at his or her present address for at least a month is eligible to enrol to vote. If a person is 18 years of age and eligible it is compulsory to enrol and to vote. British subjects who are not Australian citizens are eligible to enrol to vote if they were on the Federal electoral roll on 25 January 1984. The qualifications for enrolment to vote in State elections are similar.
114. The following people are not eligible to enrol to vote:
(a) People of unsound mind who are incapable of understanding the nature and significance of enrolment and voting;
(b) People who have been convicted and are under sentence for an offence punishable by imprisonment for five years or longer; and
(c) People who have been convicted of treason and not pardoned.
115. The Constitution also recognizes a system of responsible government under which the Ministers of the Crown sit in and are directly responsible both individually, for their respective departments, and collectively to Parliament and can retain office only while they have the "confidence" of the Lower House. Hence there is a fairly direct line of accountability from the people who elect the members of Parliament to the executive which holds office subject to the confidence of the popular House of Parliament.
116. Following a general election in the federal sphere, the Governor-General commissions a member of the Parliament to be Prime Minister. The person chosen is the leader of the party, or one of a coalition of parties, which obtained a majority of seats in the House of Representatives or the person who is able to obtain the general support or "confidence" of a majority of that House. Other Ministers of the Government are appointed by the Governor-General on the recommendation of the Prime Minister from among the members of Parliament.
117. In the Commonwealth of Australia, the head of State is, and always has been, the person who, for the time being, is also the King or Queen of the United Kingdom though since 1953 that person has been separately styled and titled Queen of Australia. The Constitution does not refer to the Queen as the head of State. It is nevertheless proper to regard her as head of State because of the role in government the Constitution assigns her. Section 61 of the Constitution vests the executive power in the Queen and declares that it is exercisable by the Governor-General as the Queen's representative.
118. The Governor-General exercises the executive power of the Commonwealth of Australia, and certain other powers and functions conferred by the Constitution that include, among others:
(a) The power to appoint times for holding the sessions of the Parliament;
(b) To prorogue Parliament, and to dissolve the House of Representatives;
(c) To cause writs to be issued for general elections of members of the House of Representatives;
(d) To assent in Queen's name to a proposed law passed by both Houses of Parliament;
(e) To choose and summon Executive Councillors, who hold office during the Governor-General's pleasure; and
(f) To appoint Ministers of State for the Commonwealth of Australia.
In addition, the Governor-General, as the Queen's representative, is Commander-in-Chief of the Defence Forces.
119. The Constitution provides for the appointment of the Governor-General by the Queen, although in practice the Governor-General is appointed on the recommendation of the Prime Minister.
120. Many Acts of the Federal Parliament provide that the Governor-General may make regulations to give effect to the Acts. The Governor-General may also be authorized by statute to issue proclamations, for example, to declare an Act in force. The Governor-General has also been given power by statute to legislate for certain of the Australian Territories.
121. In theory the powers of the Governor-General are extensive. In practice, however, under the provisions of the Constitution, as well as by the conventions of responsible government in British Commonwealth countries, the Governor-General's executive functions are exercised almost exclusively on the advice of Ministers of State and it is the Government that accepts the political responsibility for those acts. In exercising statutory powers and functions, and many Constitutional powers and functions, the Governor-General acts on the advice of the Federal Executive Council.
122. There are six constituent Australian States and each of these political units has its own constitution, a parliament elected by the people, an executive, responsible to that parliament, formed by the majority party or parties in parliament, and an independent judiciary. Each State legislature has a general power to make laws for the peace, order and good government of the State although the wording of that general power varies slightly in some States. The extent of the legislative powers of each of these parliaments is defined by the Australian and State Constitutions.
123. The Commonwealth Constitution Act, while it had the effect of federating the colonies of the Australian continent, did not replace the pre-existing State constitutions. Section 106 of the Constitution provides that, subject to the Commonwealth Constitution, the constitution of each State shall continue in force as at the establishment of the Commonwealth unless altered in accordance with the constitution of the State.
124. The Queen is represented in each of the Australian States by a Governor. A Governor of a State has functions in relation to that State similar to the functions conferred on the Governor-General in relation to the Federal Government. In the performance of his or her functions generally, particularly those conferred by statute, the Governor of a State acts on the advice of Ministers of State for the State.
125. In addition to the States, there are also a number of Australian territories. Australia has 10 territories in all. They are:
(a) Mainland territories:
- The Australian Capital Territory (which includes Canberra, the capital city of Australia and seat of the Federal Government);
- The Northern Territory; and
- The Jervis Bay Territory.
(b) External territories:
- The Australian Antarctic Territory;
- Norfolk Island;
- Cocos (Keeling) Islands; and
- Christmas Island.