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THE ACT DELIBERATES
AN ACT BILL OF RIGHTS?

RESULTS

This research project combined qualitative and quantitative methodologies to investigate the knowledge and attitudes of Australians living in the Australian Capital Territory about a Bill of Rights for the ACT. The research was conducted between October and November 2002. It was designed to facilitate "the voice of Representative Australians from the ACT" on whether or not there should be a Bill of Rights in the ACT, and if so, what form that Bill should take.

Results indicated that prior to their deliberative experience, more Representative Australians were in favour of a Bill of Rights for the ACT (47.3%), than against a Bill (28.6%), while 24% were undecided. Following their opportunity to learn more about the topic, to question experts and advocates, and to discuss the feasibility of an ACT Bill of Rights with their peers, it was the undecided Representative Australians who made the most impact. Following deliberations, this group of voters split their vote evenly between for and against - resulting in a small majority in favour of a Bill of Rights for the ACT (58.6%) and a larger minority against a Bill (38.4%). The reasons for their vote for a Bill of Rights focused on ensuring adequate protection for individuals against the government, corporations and other citizens; delineating rights so that community and individual awareness of rights were more salient; and setting an example for the rest of Australia. Reasons for voting against a Bill were belief that rights in the ACT are adequately protected by existing laws and systems; any Bill would duplicate current ways of protecting rights; a Bill of Rights should be implemented nationally first; an ACT Bill would be superfluous in light of possible Commonwealth over-ride; and that a Bill of Rights would not change "anything". The fact that almost 40% of the Representative Australians from the ACT still disagreed with a Bill of Rights following the deliberations suggests that enactment of a Bill in any form could take into account the informed concerns of these ACT residents, and involve the ACT community in drafting a Bill and reviewing it at strategic points in the future.

In relation to the question: If a Bill of Rights was adopted in the ACT, what form should it take-, the results following deliberations were more equivocal. Prior to deliberations, a large majority of the Representative Australians from the ACT favoured an entrenched Bill (76.8%), to be changed by referendum only. Following deliberations, they were more equivocal, with a three way split between an entrenched Bill of Rights, a Bill of Rights as ordinary legislation, and a Declaration of Rights. If a Bill of Rights were adopted, these informed ACT residents wanted the content to be egalitarian and "ACT - centric". That is, prior to deliberations, a majority wanted the international covenants adopted as part of any ACT Bill, and the inclusion of standard rights included in most Bills - the right to vote, freedom of speech, to minimal levels of housing, health and education etc. However, following the deliberations, a majority of ACT residents wanted to see a Bill of Rights specifically reflecting ACT community values, as well as some rights not included in the international covenants, such as the environment; and they wanted to see a Bill applicable to ALL members of the community, not singling out any particular group. In relation to possible content of any Bill of Rights, following their movement up the Bill of Rights learning curve, qualitative data from the group discussions relating to which rights should be included, also reflected this desire for an "ACT - centric" approach.

Correlating highly with these changes in opinion were major improvements in political knowledge. Prior to deliberations, the Representative Australians had low levels of knowledge about types of Bills of Rights, which countries have a Bill of Rights, or how Bills might be enforced. Following their involvement in the deliberations, they were much more informed about all of these topics with knowledge gains ranging from 5 to 50%.

To obtain a complete copy of the final report please contact us.

 

 
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