Here's one I dug up from Constitutional. There were three questions like these in the exam and you had to answer two.
Following the 2006 New South Wales election, the state Labor government is returned with a majority in the Legislative Assembly (the Lower House). However, in the Legislative Council (the Upper House) the balance of power is held by a number of small religious parties. These parties share a concern about the absence of ‘religious values’ in governmental decision making of all kinds. In order to secure the support of these small parties for other aspects of its legislative agenda, the Government agrees to support the Faith Based Government Act 2007 which provides as follows:
Faith Based Government Act 2007 (NSW)
Section 4:
(1) Atheists who, at or after the commencement of this Act, hold a Designated Office will be required to undertake religious training approved by the Governor of New South Wales on an annual basis.
(2) On an annual basis, the New South Wales Ombudsman shall issue a public report into the compliance by government departments, statutory authorities, and any other relevant body with the requirement of subsection (1).
In Section 3 the following definitions appear:
“Atheist” means a person who holds no belief in God or other deities.
“Designated Office” means a judge of the Supreme Court of New South Wales or Court of Appeal of New South Wales and the Principal of a Primary or Secondary School in the State of New South Wales.
The New South Wales Ombudsman heads an independent statutory authority established to hear complaints against government (including statutory authorities and government departments) and to monitor and report on their compliance with state law.
The Faith Based Government Act comes into force in January 2007 and is widely condemned in Australia and by international bodies including the UN Committee on Human Rights.
Human Rights (Religious Freedom) Act 2007
In response, the Commonwealth Parliament enacts the Human Rights (Religious Freedom) Act 2007 to come into effect on 4 June 2007.
Section 3 provides:
(1) No law of the Commonwealth or a State shall require any employee of the Commonwealth or of a State to undergo religious training of any kind;
(2) No law of the Commonwealth or a State shall require any Ombudsman of the Commonwealth or of a State to report upon the religious or other beliefs of the holders of any public office.
International Instruments
Article 18 of the International Covenant on Civil and Political Rights provides:
1. Everyone shall have the right to freedom of religion. This right shall include freedom to have or to adopt a religion of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion in worship, observance, practice and teaching.
The Universal Declaration of Human Rights (the ‘UDHR’) defines freedom of religion and belief as follows:
Everyone, including women and children, shall have the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom to hold no religion.
Statements similar to those found in the UDHR are also found in the General Assembly Resolution 36/55 of 1981 on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief and the General Assembly Resolution 52/122 of 1998 on the Elimination of all forms of Religious Intolerance.
The International Covenant on Civil and Political Rights is a treaty creating binding obligations in international law. General Assembly Resolutions and The Universal Declaration of Human Rights are not treaties and do not create any binding obligations.
Advise whether
1. The Commonwealth possesses legislative power to enact the Human Rights (Religious Freedom) Act 2007 (Cth); and (15 marks)
2. Whether it is invalid for any other reason. (15 marks)
You may assume that if the Human Rights (Religious Freedom) Act 2007 (Cth) is valid that it renders the Faith Based Government Act 2007 (NSW) inoperative under s. 109 of the Constitution. You should not discuss s. 109 any further.