Students Questions Answered

1. What is your opinion on a Bill of Rights?
2. Should Australia become a republic?
3. What can be done about underage drinking?

If you have any other questions, or require further information, please email me – c.pyne.mp@aph.gov.au – or contact my office on 08 8431 2277

1.  What is your opinion on a Bill of Rights for Australia?

Our Constitution does not have the equivalent to the Bill of Rights as found in the United States Constitution. There, the first ten amendments to the Constitution prevent the legislature (United States Senate and the House of Representatives) from passing laws that infringe on basic freedoms and rights such as freedom of speech and assembly, fair and speedy trial, etc. However, you will find that the Constitution does provide express protection against legislative action by the Commonwealth. An example made famous by the movie “”The Castle”" is Section 51 (xxxi) – acquisition of property must be ‘on just terms.' Furthermore, section 80 requires trial by jury in relation to some criminal offences, and section 116 defends the basic right to exercise any religion.

My personal view is that we do not need a “”codified”" Bill of Rights in our Constitution. After all, the basic freedoms are already protected there. The law is a very fluid creature and changes as society and time progresses. Therefore, it would be a very dangerous thing to put one set of rules as a bill of rights today – as we do not know what could happen in the future, and some things that we deem worthy codifying in the Bill of Rights now might be completely out of sync in 50 years time.

Our Constitution allows both the legislative branch and the judicial branch to continuously review and amend, if needed, the protection of the basic human rights. I believe that we should not be shackled by one set of rules, but to constantly work to improve and promote human rights and freedoms.

2.  Should Australia become a republic?

This issue has been very important to me. I actively campaigned for the Yes vote in the 1999 referendum. I believe that it is a natural progression of states from monarchies to constitutional monarchies to republics, and Australia is mature enough as a nation to become a republic in its own right. Even though we are nominally independent from Great Britain, the formation of the Australian republic would be the final step in our complete independence on the world stage.

Australia would only need minor changes to the Constitution in order to become a republic, and thus it would not be that difficult to make the transition. Even the oft-publicized issue of the election of the Governor General is easily solved – I have full faith in the Australian people and am more than happy to see them elect the Governor General, or to have it done by the Prime Minister's appointment. Either way, I feel that the Australian republic is inevitable, and I intend to be campaigning for the Australian republic in the next referendum (whenever it might be).

3.  What can be done about underage drinking?

The drinking laws are technically under the jurisdiction of state/territory legislation. My personal opinion is that the issue of underage drinking should be addressed more than it is currently done at the state level. According to the National Drug Research Institute, 23% of Australians aged 14-17 are drinking at levels of acute harm at least once a month.

Naturally, the issue of policing these laws is always going to be difficult. I do nevertheless believe that the state laws need to be appropriate to prevent harmful drinking. It is perfectly alright for young adults to enjoy alcohol responsibly, but only within the boundaries of the law. After all, the Australian drinking age is (in my opinion) quite reasonable.

As far as the issue of penalties for adults responsible for supplying minors with alcohol, I think that the state governments definitely need to keep abreast of developments in this area. After all, it is the role of adults to behave responsibly and to “”guide”" minors in their development. By purchasing and supplying liquor, these adults act as accomplices to a crime.

Should you need more information about this issue, I encourage you to contact Vickie Chapman MP, South Australia Shadow Minister for Health. As this is a state issue, it might be possible that she will be able to provide you with much more detailed data. Her email is bragg@parliament.sa.gov.au.