Fair process is a fundamental human right and an essential element of just and stable society. Despite our ethos of a ‘fair go’, Australia is the only liberal democracy lacking explicit protection for fair process in the Constitution or a national Bill or Charter of rights. This project aims to undertake the first comprehensive study of fair process in Australia. It cuts across different legal fields and courts to determine whether fair process has a settled meaning in Australia, and whether Australian approaches to fair process measure-up against international standards. This research will lay the groundwork for future research that will undertake a critical evaluation of the protection of fair process in Australia, providing a vital reference for judges and law-makers, and making recommendations for reform to enhance the fairness, equality and justice of Australian society.

Project members

Dr Rebecca Ananian-Welsh

Associate Professor
TC Beirne School of Law