The iquiry is independent of the freedoms inquiry being undertaken by 'Freedoms Commissioner' Tim Wilson under AHRC auspices.
The ALRC has asked the following questions in its paper -
Freedom of Speech
Q2–1 What general principles or criteria should be applied to help determine whether a law that interferes with freedom of speech is justified?
Q2–2 Which Commonwealth laws unjustifiably interfere with freedom of speech, and why are these laws unjustified?
Freedom of Religion
Q3–1 What general principles or criteria should be applied to help determine whether a law that interferes with freedom of religion is justified?
Q3–2 Which Commonwealth laws unjustifiably interfere with freedom of religion, and why are these laws unjustified?
Freedom of Association
Q4–1 What general principles or criteria should be applied to help determine whether a law that interferes with freedom of association is justified?
Q4–2 Which Commonwealth laws unjustifiably interfere with freedom of association, and why are these laws unjustified?
Freedom of Movement
Q5–1 What general principles or criteria should be applied to help determine whether a law that interferes with freedom of movement is justified?
Q5–2 Which Commonwealth laws unjustifiably interfere with freedom of movement, and why are these laws unjustified?
Property Rights
Q6–1 What general principles or criteria should be applied to help determine whether a law that interferes with vested property rights is justified?
Q6–2 Which Commonwealth laws unjustifiably interfere with vested property rights, and why are these laws unjustified?
Retrospective Laws
Q7–1 What general principles or criteria should be applied to help determine whether a law that retrospectively changes legal rights and obligations is justified?
Q7–2 Which Commonwealth laws retrospectively change legal rights and obligations without justification? Why are these laws unjustified?
Fair Trial Question
Q8–1 What general principles or criteria should be applied to help determine whether a law that limits the right to a fair trial is justified?
Q8–2 Which Commonwealth laws unjustifiably limit the right to a fair trial, and why are these laws unjustified?
Burden of Proof
Q9–1 What general principles or criteria should be applied to help determine whether a law that reverses or shifts the burden of proof is justified?
Q9–2 Which Commonwealth laws unjustifiably reverse or shift the burden of proof, and why are these laws unjustified?
The Privilege against Self-incrimination
Q10–1 What general principles or criteria should be applied to help determine whether a law that excludes the privilege against self-incrimination is justified?
Q10–2 Which Commonwealth laws unjustifiably exclude the privilege against self-incrimination, and why are these laws unjustified?
Client Legal Privilege
Q11–1 What general principles or criteria should be applied to help determine whether a law that abrogates client legal privilege is justified?
Q11–2 Which Commonwealth laws unjustifiably abrogate client legal privilege, and why are these laws unjustified?
Strict and Absolute Liability
Q12–1 What general principles or criteria should be applied to help determine whether a law that imposes strict or absolute liability for a criminal offence is justified?
Q12–2 Which Commonwealth laws unjustifiably imposes strict or absolute liability for a criminal offence, and why are these laws unjustified?
Appeal from Acquittal
Q13–1 What general principles or criteria should be applied to help determine whether a law that allows an appeal from an acquittal is justified?
Q13–2 Which Commonwealth laws unjustifiably allow an appeal from an acquittal, and why are these laws unjustified?
Procedural Fairness
Q14–1 What general principles or criteria should be applied to help determine whether a law that denies procedural fairness is justified?
Q14–2 Which Commonwealth laws unjustifiably deny procedural fairness, and why are these laws unjustified?
Delegating Legislative Power
Q15–1 What general principles or criteria should be applied to help determine whether a law that delegates legislative power to the executive is justified?
Q15–2 Which Commonwealth laws unjustifiably delegate legislative power to the executive, and why are these laws unjustified?
Authorising what would otherwise be a Tort
Q16–1 What general principles or criteria should be applied to help determine whether a law that authorises what would otherwise be a tort is justified?
Q16–2 Which Commonwealth laws unjustifiably authorise what would otherwise be a tort, and why are these laws unjustified?
Executive Immunities
Q17–1 What general principles or criteria should be applied to help determine whether a law that gives executive immunities a wide application is justified?
Question 17–2 Which Commonwealth laws unjustifiably give executive immunities a wide application, and why are these immunities unjustified?
Judicial Review
Q18–1 What general principles or criteria should be applied to help determine whether a law that restricts access to judicial review is justified?
Q18–2 Which Commonwealth laws unjustifiably restrict access to judicial review, and why are these laws unjustified?
Others Rights, Freedoms and Privilege
Q19–1 Which Commonwealth laws unjustifiably encroach on other common law rights, freedoms and privileges, and why are these laws unjustified?
