Mr Fardon invoked the Kable Principle, claiming the decision making process for his continued detention was ‘[r]epugnant to the Court's institutional integrity, and being a
court of federal jurisdiction, it therefore brought it into conflict with Chapter III of the Constitution.
The High Court rejected this argument, Kirby J dissenting, on the basis it was within the power of the judiciary to exercise a non-punitive power of detention duly conferred by the legislature. A similar decision was reached in Baker v The Queen, which also rejected the application of the Kable Principle, confirming that judicial power to deprive liberty conferred by the legislature extended beyond standard criminal sentencing matters.
5.3 Innocent But Guilty Anyway – Thomas, Hicks & Haneef.
The case of Jack Thomas tested the validity of control orders issued for the purpose of imposing severe restrictions over the movement, association and communication of an individual. The Federal Court could grant the orders to police for up to 12 months if it was deemed on the balance of probabilities they were necessary to assist the prevention of terrorist activity or an attack. The police considered Mr Thomas to be such a threat, despite his acquittal of all terrorism related charges by the court.
It was argued the order was non-judicial in nature because it conferred a power relating to a speculative future event, not that of factual events requiring determination in application to existing law and rights. Therefore, control orders were contrary to Chapter III of the Constitution which only confers judicial power on the courts.
The court rejected the argument and held the orders could be validly made under either the defence power, or even possibly the external affairs power, and did not breach Chapter III. Of particular importance was the statement by Gleeson CJ that the powers of the legislature, executive and judiciary were not mutually exclusive and a person’s liberty could lawfully be restrained in the absence of the normal criminal process.
The Thomas case took the notion of arbitrary deprivation of liberty to new extremes and demonstrated the frightening potential for the new laws. Abuse of state power, political manipulation and victimization of an individual became justified all in the name of the illusory premise of ‘security’.
The return of David Hicks to Australia saw his gaoling for several months in a state prison followed by a control order issued upon his final release. Hicks had committed no offences under Australian law, his prison custody was a consequence of a guilty plea provided to an American military tribunal later declared unconstitutional, and obtained only after years of torture and psychological breakdown. Mr Hicks simply found no protections for his rights under the Australia political or legal system.
Dr Mohamed Haneef was the first person arrested and detained under the new anti-terrorism laws, and after spending weeks in isolated detention without a shred of tangible evidence he was released without so much as an apology.
Whilst the matter is now subject to an inquiry, evidence to date has established Federal Cabinet and the Immigration Minister directly interfered with, and influenced the police handling of Mr Haneef, and that police completely disregarded all evidentiary, criminal and investigative procedure. Dr Haneef was also subjected to a politically
waged media campaign being brandished as a ‘terrorist’, whilst being prevented from speaking out in his own defence.
5.4 Innocent But Sentenced to Life - Al Kateb.
The operation of the Migration Act,and the use of mandatory detention by Australia is recognized as a gross violation of international human rights, largely permissible through the absence of a Bill of Rights.
Mr Al-Kateb, a Kuwait born Palestinian national, arrived in Australia without a visa and was subjected to mandatory detention under the Migration Act. Attempts to return him to Palestine and Kuwait failed, effectively making him a ‘stateless’ person. Facing indefinite detention, he sought an order ‘[i]n the nature of habeas corpus directing his release’,on the basis his detention was punitive and therefore contrary to Ch III of the Constitution. The High Court held the detention was authorised under the ‘aliens’ power, a non-punitive function, and therefore within the Executive power of the government.
Because the power was clearly expressed, there was no flexibility to infer implied individual rights of freedom.
The Al-Kateb case demonstrated Australian law may operate to deprive liberty in direct conflict with international law with no remedy.
5.5 Innocent Children – Locked Up Anyway – Re Woolley and Others.
In 2004 the issue of mandatory detention of children in immigration centres was raised in the High Court. The practice had been long condemned, was in complete violation of two international Conventions, and was identified as being responsible for inflicting significant and long term damage to the children concerned. The High Court, despite clearly enounced frustration with the case, were unable to support the appeal, and the government’s position was affirmed. The inability of the courts to protect fundamental rights was also later affirmed in the case of Behrooz, which held the conditions of immigration detention did not provide a defence to a charge of escaping from a detention facilty.
VI CONCLUSION
Whilst ‘[t]here is still a long way to go for justice, recognition and social equality’ in Australia, a Bill of Rights would lay the foundations necessary to achieve those goals. It would achieve this by providing a structured and clearly expressed set of minimum standards that could not be overridden at the behest of political ideological agendas and fear campaigns.
This was evidenced during the unjust Howard era of government, who readily compromised social justice and human rights in the interests of political expedience, and economic rationalism.
Our nation can no longer rely on mythical inferences of human rights; a call that ‘[n]o just government should refuse’.
Finis
BIBLIOGRAPHY
1. Articles/Books/Journals
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Appleby, Joyce & Ball, Terence (eds), Jefferson: Political Writings (1999) Cambridge University Press, New York.
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Hamilton, Clive & Maddison, Sarah, Silencing Dissent: How the Australian Government is Controlling Public Opinion and Stifling Debate (1996) Allen &Unwin, Sydney.
Heilbronn, Neil, Latimer, Paul , Nielsen, Jennifer, Pagone,Tony & Kovacs, Dorothy, Introducing the Law (6th ed, 2004) CCH Australia Ltd, Sydney.
Inglis, Ken The Stuart Case (1961) Melbourne University Press, Melbourne.
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2. Case Law
Al-Kateb v Godwin [2004] HCA 37.
Attorney-General (Vic); Ex Rel Black v Commonwealth ("DOGS case") [1981] HCA 2.
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Australian Communist Party v Commonwealth (Communist Party case) [1951] HCA 5.
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Behrooz v Secretary, Department of Immigration and Multicultural and Indigenous Affairs [2004] HCA 36.
Builders Labourers Federation v Minister for Industrial Relations (1986) 7 NSWLR 372.
Coco v R [1994] HCA 15.
Durham Holdings v New South Wales (2001) 205 CLR 399.
Fardon v Attorney-General (Qld) [2004] HCA 46.
Haneef v Minister for Immigration and Citizenship [2007] FCA 1273.
Hicks v Ruddock [2007] FCA 299.
Kartinyeri v Commonwealth (1998) 195 CLR 337.
Kable v Director of Public Prosecutions (NSW) [1996] HCA 24.
Kruger v Commonwealth (Stolen Generations case) [1997] HCA 27.
Krygger v Williams [1912] HCA 65.
Minister for Immigration & Citizenship v Haneef [2007] FCAFC 203.
Miller v TCN Channel Nine Pty Ltd [1986] HCA 60.
Minister for Immigration and Multicultural and Indigenous Affairs v B (2004) 78 ALJR 737.
Minister of Immigration and Multicultural and Indigenous Affairs v Al Khafaji (2004) 219 CLR 664.
Newcrest Mining (WA) v The Commonwealth (1997) 190 CLR 513.
Powell v Apollo Candle Co (1885) 10 App Cas 282.
Re Woolleys [2004] HCA 49.
R v Cheng (2000) 203 CLR 248.
R v Pearson; ex parte Sipka (1983) 152 CLR 254.
South Australia v O'Shea [1987] HCA 39.
State Government Insurance Commission v Trigwell (1979) 142 CLR 617.
Street v Queensland Bar Association [1989] HCA 53.
Thomas v Mowbray [2007] HCA 33.
Union Steamship Co of Australia Pty Ltd v King (1988) 166 CLR 1.
3. Legislation
Anti-Terrorism Act (No 2) 2005 (Cth).
Australian Constitution.
Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld).
Hindmarsh Island Act 1997 (Cth).
Migration Act 1958 (Cth).
Northern Territory National Emergency Response Act 2007 (Cth).
4. Treaties
Convention on the Rights of the Child, opened for signature on 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990).
International Covenant on Civil and Political Rights, opened for signature on 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976).
Universal Declaration of Human Rights, UN GA Res 217 A(III) of 10 (1948).
5. Other
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Bartlett, Andrew, Howard's Senate reform proposals are another grab for absolute power (2003) Online Opinion, <> at 3 September 2008.
Behrendt, Larissa, ‘60 years of the Declaration of Human Rights’ (Speech delivered at the Amnesty International Public Forum, Melbourne Town Hall, 4 July 2008) <> at 3 September 2008.
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Head, Mike, Haneef “terrorism” charges dropped: a debacle for the Australian government (2007) <> at 4 September 2008.
Human Rights and Equal Opportunity Commission (HREOC), Bringing Them Home Report: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families (April 1997).
Human Rights and Equal Opportunity Commission (HREOC), A Last Resort? National Enquiry into Children in Immigration Detention (2004).
Human Rights and Equal Opportunity Commission (HREOC), Annual Report 2006-2007 (2007).
Kingston, Margo, ‘Howard’s Road to Absolute Power’, Sydney Morning Herald (Sydney), 30 June 2003, <> at 2 September 2008,
Kirby J, Michael, The National Debate About A Charter Of Rights & Responsibilities - Answering Some Of The Critics (2008) <> at 3 September 2008.
Mason, Sir Anthony, Mason: Why Do We Need a Bill of Rights? (2006) Human Rights Act for Australia, < at 3 September 2008.
McHugh, Michael ‘Does Australia Need a Bill of Rights?’ (Speech delivered at the Melbourne Law School, University of Melbourne, 15 May 2007) <> at 3 September 2008.
Mitchell, Colin, David Hicks: victim of Howard’s war on terror (2007) GreenLeft Online, <> at 3 September 2008.
Robson, Peter, Northern Territory Intervention: Myths and Facts (2008) GreenLeft Online, <> at 4 September 2008.
Rudd, Kevin, ‘Apology to Australia’s Indigenous Peoples’ (Speech delivered at the Commonwealth Parliament, Canberra, 13 February 2008).
Stott Despoja, Natasha, ‘The evidence points to the need for an Australian Bill of Rights’ (Speech delivered at the Centre for International and Public Law, ANU Law Faculty, 14 November 2000).
The Age, The Trials of David Hicks (2008) <> at 3 September 2008.
Thomas, Hedley, ‘Secret Haneef plan exposed, The Australian (Sydney), 2 November 2007, < >at 3 September 2008
United Nations Human Rights: Office of the High Commission for Human Rights, Report of the Committee on the Elimination of Racial Discrimination, UN GAOR, 54th sess, supp 18, UN Doc A/54/18.
von Doussa, John (HREOC Commissioner), ‘Why We Need an Australian Bill of Rights (Speech delivered at the UniSA City West Campus, Adelaide, 7 December 2005) <> at 3 September 2008.
von Doussa, John, ‘Security and Human Rights in Australia: Australia’s counter-terrorism response’ (Speech delivered at the Beijing Forum on Human Rights, Beijing, 21-23 April 2008).
Wheatley, Kym, ‘David Hicks’ Release from Yatala Prison’, The Herald Sun (Melbourne), 26 December 2007, <> at 3 September 2008.
Williams, George, ‘Lessons from an Injustice’, The Age (Melbourne), 31 March 2007, <>at 3 September 2008.
Wright, Tony & Marriner, Cosima, ‘Justice and the ticking alarm clock’, Sydney Morning Herald (Sydney), 14 July 2007, <> at 3 September 2008.
Thomas Jefferson (1743-1826) in Joyce Appleby and Terence Ball (eds), Jefferson: Political Writings (1999) 361.
Sir Anthony Mason, Mason: Why Do We Need a Bill of Rights? (2006) Human Rights Act for Australia, < at 3 September 2008.
UN GA Res 217 A(III) of 10 (1948),
Michael McHugh, ‘Does Australia Need a Bill of Rights?’ (Speech delivered at the Melbourne Law School, University of Melbourne, 15 May 2007),
United Nations Human Rights: Office of the High Commission for Human Rights (OHCHR), Report of the Committee on the Elimination of Racial Discrimination, UN GAOR, 54th sess, UN Doc A/54/18, 6 & 7,
Larissa Behrendt, ‘60 years of the Declaration of Human Rights’ (Speech delivered at the Amnesty International Public Forum, Melbourne Town Hall, 4 July 2008),
Natasha Stott Despoja, ‘The evidence points to the need for an Australian Bill of Rights’ (Speech delivered at the Centre for International and Public Law, ANU Law Faculty, 14 November 2000).
George Williams, The Case for an Australian Bill of Rights (2004) 17,
John von Doussa, HREOC Commissioner, ‘Why We Need an Australian Bill of Rights’ (Speech delivered at the UniSA City West Campus, Adelaide, 7 December 2005),
McHugh, above n 3,
Stott Despoja, above n 4.
George Williams, A Bill of Rights for Australia (2000) 40,
Human Rights and Equal Opportunity Commission (HREOC), Bringing Them Home Report: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families (April 1997),
OHCHR, above n 4, 6 & 7,
Behrendt, above n 4.
McHugh, above n 3, 3,
Frank Brennan, Legislating Liberty: A Bill of Rights for Australia? (1998) 13-14,
Williams, above n 5, 89-91.
J A La Nauze, The Making of the Australian Constitution (1972) 12, 328-333,
Human Rights and Equal Opportunity Commission (HREOC), Annual Report 2006-2007 (2007) 9, 10 & Ch 10.
Justice Michael Kirby, The National Debate About A Charter Of Rights & Responsibilities - Answering Some Of The Critics (2008) <> at 3 September 2008,
Mason, above n 2,
HREOC, above n 9, Ch 10,
von Doussa, above n 5,
ABC Radio, ‘Top Job Gender Inequity Remains: Gower’, ABC News, 8 March 2006, <> at 3 September 2008.
John McMillan, Gareth Evans & Haddon Storey, Australia’s Constitution: Time for a Change? (1983) 5 & 9,
Behrendt, above n 4,
Brennan, above n 7, 13,
Williams, above n 5, 26.
McHugh, above n 3, 40-43.
Margo Kingston, ‘Howard’s Road to Absolute Power’, Sydney Morning Herald (Sydney), 30 June 2003, <> at 2 September 2008,
Stuart MacIntyre & Anna Clark, The History Wars (2004) 135-138,
Williams, above n 5, 20-21.
Kingston, above n 12,
McHugh, above n 3, 41,
MacIntyre, above n 5, 135-138,
Clive Hamilton & Sarah Maddison, Silencing Dissent: How the Australian Government is Controlling Public Opinion and Stifling Debate (1996) 31-32, 38-40,
Andrew Bartlett, Howard's Senate reform proposals are another grab for absolute power (2003) Online Opinion, <> at 3 September 2008.
McHugh, above n 3, 41-43,
Hamilton, above n 13, 31-32, 38-40.
Philip Mendes, Australia’s Welfare Laws: the Players, Politics and the Ideologies (2002) 175-178,
Williams, above n 5, 28-29,
Paul Fairall & Wendy Lacy, ‘Preventative Detention and Control Orders Under Federal Law: the Case for a Bill of Rights’ (2007) Melbourne University Law Journal 39, 16-18.
Australian Constitution, s 41.
Australian Constitution, s 80.
Australian Constitution, s 51(xxxi).
Australian Constitution, s 116.
Australian Constitution, s 117.
McHugh, above n 3, 5-9,
Williams, above n 6, 14.
R v Pearson; ex parte Sipka (1983) 152 CLR 254.
McHugh, above n 3,
Attorney-General (Cth); Ex rel McKinlay v Commonwealth [1975] HCA 53, 19 (Barwick CJ),
Guy Aitken & Robert Orr, Sawer’s The Australian Constitution (3rd ed, 2002) 77-78, 132,
Williams, above n 6, 14.
Australian Constitution s 80,
R v Cheng (2000) 203 CLR 248, 295 (McHugh J),
Aitken, above n 23, 133-134.
Australian Constitution s 117,
Street v Queensland Bar Association [1989] HCA 53.
Krygger v Williams [1912] HCA 65,
Attorney-General (Vic); Ex Rel Black v Commonwealth ("DOGS case") [1981] HCA 2.
Union Steamship Co of Australia Pty Ltd v King (1988) 166 CLR 1, 10,
Builders Labourers Federation v Minister for Industrial Relations (1986) 7 NSWLR 372,
Durham Holdings v New South Wales (2001) 205 CLR 399.
Powell v Apollo Candle Co (1885) 10 App Cas 282,
Gerard Carney, The Constitutional Systems of the Australian States and Territories (2006) 106-107,
Williams, above n 5, 26.
Australian Constitution ss 7 & 24,
Miller v Tcn Channel Nine Pty Ltd [1986] HCA 60,
Australian Capital Television Pty Ltd v Commonwealth [1992] HCA 1,
Williams, above n5, 42-43.
Kruger v Commonwealth (Stolen Generations case) [1997] HCA 27,
See also Newcrest Mining (WA) v The Commonwealth (1997) 190 CLR 513, 657-661 (Kirby J),
Kartinyeri v Commonwealth (1998) 195 CLR 337, 417-418 (Kirby J).
Williams, above n 6, 19-20,
McHugh, above n 3, 9.
Australian Communist Party v Commonwealth (Communist Party case) [1951] HCA 5.
Williams, above n 5, 26,
Williams, above n 6, 50-51,
McHugh, above n 3, 12-14.
Carney, above n 27, 106-107,
Brennan, above n 7, 172,
Coco v R [1994] HCA 15
State Government Insurance Commission v Trigwell (1979) 142 CLR 617, 633 (Mason J),
McHugh, above n 3,
Brennan, above n 7, 173-177,
Neil Heilbronn, Paul Latimer, Jennifer Nielsen, Tony Pagone & Dorothy Kovacs, Introducing the Law (6th ed, 2004) 231-233.
Geoffrey De Q Walker, The Rule of Law: Foundation of Constitutional Democracy (1988) 231.
McHugh, above n 3, 44,
Kirby J, above n 9,
Justice Mary Gaudron, ‘Remembering the Universal Declaration and Australia's Human Rights Record’ (Speech delivered at the annual lunch of the Jessie Street Trust, Strangers Dining Room, NSW Parliament House, 3 March 2006).
Mason, above n 2.
Larissa Behrendt, ‘It’s broke so fix it: arguments for a Bill of Rights’ (2003) Australian Journal of Human Rights 12.
McHugh, above n 3, 44,
Kirby J, above n 9,
Gaudron J, above n 35.
Mason, above n 2.
Bruce Elder, Blood on the Wattle: Massacres and Maltreatment of Australian Aborigines since 1788 (1992),
HREOC, above n 6,
Ken Inglis, The Stuart Case (1961) 310-321.
Elder, above n 39,
Kevin Rudd, ‘Apology to Australia’s Indigenous Peoples’ (Speech delivered at the Commonwealth Parliament, Canberra, 13 February 2008).
HREOC, above n 6,
Kruger v Commonwealth (Stolen Generations case) [1997] HCA 27,
Alec Kruger & Gerard Waterford, Alone on the soaks: the life and times of Alec Kruger (2007) 329.
Kruger v Commonwealth (Stolen Generations case) [1997] HCA 27,
Brennan, above n 7, 174-175.
Hindmarsh Island Act 1997 (Cth),
Northern Territory National Emergency Response Act 2007 (Cth),
Hindmarsh Island Act 1997 (Cth),
Hamilton, above n 13, 157-158,
Jennifer Clarke, ‘Chronology of the Kumarangk/Hindmarsh Island Affair’ (1996) Aboriginal Law Bulletin 64.
Kartinyeri v Commonwealth [1998] HCA 52,
McHugh, above n3, 22-27,
Brennan, above n 7, 154-165,
Hamilton, above n 13,
Peter Robson, Northern Territory Intervention: Myths and Facts (2008) GreenLeft Online, <> at 4 September 2008,
Northern Territory National Emergency Response Act 2007 (Cth) Pts 4 & 5.
Kartinyeri v Commonwealth [1998] HCA 52,
Northern Territory National Emergency Response Act 2007 (Cth) s 132.
Fairall, above n 15, 1-3,
Jon von Doussa, ‘Security and Human Rights in Australia:Australia’s counter-terrorism response’ (Speech delivered at the Beijing Forum on Human Rights, Beijing, 21-23 April 2008).
Fardon v Attorney-General (Qld) [2004] HCA 46.
Fardon v Attorney-General (Qld) [2004] HCA 46, [1](Gleeson CJ).
Fardon v Attorney-General (Qld) [2004] HCA 46, [1](Gleeson CJ),
Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld).
Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) Pt 2, s 3.
Oscar Roos, ‘Baker v The Queen & Fardon v Attorney General For The State Of Queensland’ [2005] Deakin Law Review 13, II Facts [B].
Kable v Director of Public Prosecutions (NSW) [1996] HCA 24.
Fardon v Attorney-General (Qld) [2004] HCA 46, [1](Gleeson CJ).
Fardon v Attorney-General (Qld) [2004] HCA 46, [23]-[24](Gleeson CJ).
Fardon v Attorney-General (Qld) [2004] HCA 46, [191]-[193](Kirby J).
Fardon v Attorney-General (Qld) [2004] HCA 46, [19]-[23](Gleeson CJ).
Baker v R [2004] HCA 45,
See also South Australia v O'Shea [1987] HCA 39, [22]-[23](Gummow & Toohey JJ).
Baker v R [2004] HCA 45, [21]-[24](McHugh, Gummow, Hayne and Heydon JJ).
Thomas v Mowbray [2007] HCA 33,
Hicks v Ruddock [2007] FCA 299,
Timothy McCormack, ‘David Hicks and the Charade of Guantanamo Bay’ (2007) 8(2) Melbourne Journal of International Law 273,
Haneef v Minister for Immigration and Citizenship [2007] FCA 1273,
Tony Wright and Cosima Marriner, ‘Justice and the ticking alarm clock’, Sydney Morning Herald (Sydney), 14 July 2007, <> at 3 September 2008.
Fairall, above n 15, [VI].
Anti-Terrorism Act (No 2) 2005 (Cth) Sch 4,
Fairall, above n 15, [VI]-[VII].
David Dixon,’Interrogating Terrorist Suspects: Criminal Justice and Control Process in Three Australian Cases’ [2008] UNSWLRS 24, <> at 12 September 2008.
Thomas v Mowbray [2007] HCA 33, [3](Gleeson CJ).
Australian Constitution s 51(vi).
Australian Constitution s 51(xxix).
Thomas v Mowbray [2007] HCA 33, [9](Gleeson CJ).
Thomas v Mowbray [2007] HCA 33, [11]&[18](Gleeson CJ).
McHugh, above n 3, 1-2,
Fairall, above n 15, [XII].
Colin Mitchell, ‘David Hicks: victim of Howard’s war on terror’ (2007) GreenLeft Online, <> at 3 September 2008.
Hedley Thomas, ‘Secret Haneef plan exposed, The Australian (Sydney), 2 November 2007, < >at 3 September 2008,
Kingston, above n 12.
Kym Wheatley, ‘David Hicks’ Release from Yatala Prison’, The Herald Sun (Melbourne), 26 December 2007, <> at 3 September 2008.
George Williams, ‘Lessons from an Injustice’, The Age (Melbourne), 31 March 2007, < >at 3 September 2008,
The Age, The Trials of David Hicks (2008) <> at 3 September 2008.
Minister for Immigration & Citizenship v Haneef [2007] FCAFC 203, [6]-[22],
Wright, above n 65,
Mike Head, Haneef “terrorism” charges dropped: a debacle for the Australian government (2007) <> at 4 September 2008.
Wright, above n 79,
Head, above n 79.
Wright, above n 79,
Head, above n 79.
Al-Kateb v Godwin [2004] HCA 37.
Migration Act 1958 (Cth).
Amnesty International, ‘Australia: Detention regime in breach of International Human Rights’ (Press Release, 29 June 2005) <> at 3 September 2008,
McHugh, above n 3, 17.
Al-Kateb v Godwin [2004] HCA 37, [2](Gleeson CJ).
Al-Kateb v Godwin [2004] HCA 37, [24](Gleeeson CJ).
Al-Kateb v Godwin [2004] HCA 37, [36]-[51](McHugh J)
Australian Constitution s 51 (xix).
Al-Kateb v Godwin [2004] HCA 37, [36]-[51](McHugh J).
Al-Kateb v Godwin [2004] HCA 37, [31](McHugh J).
McHugh, above n 3, 18,
See also Minister of Immigration and Multicultural and Indigenous Affairs v Al Khafaji (2004) 219 CLR 664.
Re Woolleys [2004] HCA 49,
Minister for Immigration and Multicultural and Indigenous Affairs v B (2004) 78 ALJR 737.
Re Woolleys [2004] HCA 49,
Minister for Immigration and Multicultural and Indigenous Affairs v B (2004) 78 ALJR 737.
Re Woolleys [2004] HCA 49, [108]-[109](McHugh J),
McHugh, above n 3, 18,
Human Rights and Equal Opportunity Commission (HREOC), A Last Resort? National Enquiry into Children in Immigration Detention (2004) 214.
Convention on the Rights of the Child, opened for signature on 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990)
International Covenant on Civil and Political Rights, opened for signature on 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976).
Human Rights and Equal Opportunity Commission (HREOC), A Last Resort? National Enquiry into Children in Immigration Detention (2004) 847-879.
Re Woolleys [2004] HCA 49, [186]-[189](Kirby J).
Re Woolleys [2004] HCA 49.
Behrooz v Secretary, Department of Immigration and Multicultural and Indigenous Affairs [2004] HCA 36.
Behrooz v Secretary, Department of Immigration and Multicultural and Indigenous Affairs [2004] HCA 36, [21](Gleeson CJ).
McHugh, above n 3, 43-44,
Williams, above n 5, 89-91,
Mason, above n 2.
ABC TV, ‘Howard unveils IR plan’, 7.30 Report, 26 May 2005, <> at 3 September 2008.
Kingston, above n 12,
McHugh, above n 3, 36-39,
von Doussa, above n 5,
Brennan, above n 7, 1-3.