What is freedom of association?

Freedom of association in Australia is the right to join with others to form, run, or participate in groups, clubs, parties, unions, religious communities, advocacy organisations, and any other voluntary association. It is also the right not to be forced to belong to any particular group. The freedom is protected by common law, by the implied constitutional freedom of political communication, by specific statutory rights, and by Australia's commitments under the International Covenant on Civil and Political Rights.

Several specific contexts are particularly protected. Trade unions are organised under the Fair Work (Registered Organisations) Act 2009, and the Fair Work Act 2009 prohibits adverse treatment of employees because of their union membership, non-membership, or industrial activity. Political parties operate under federal and state electoral laws but are otherwise free to organise as they wish. Religious communities can form, hold property, and operate organisations under their own rules. Charities register with the Australian Charities and Not-for-profits Commission and operate within a federal regulatory framework designed to support rather than restrict their activity.

There are limits. Membership of organisations involved in serious crime can be prosecuted under organised crime laws, and several states have anti-consorting laws that criminalise associating with specified individuals. Membership of terrorist organisations is a criminal offence under federal counter-terrorism law, with the Attorney-General designating specific organisations as terrorist by ministerial order. The High Court has held that anti-association laws can be valid provided they target genuine criminal activity rather than political expression.

Australians associate widely. About 38 per cent of adults belong to a sporting club, 18 per cent to a community service organisation, 16 per cent to a religious or spiritual group, and 12 per cent to a hobby or special-interest group, according to the Australian Bureau of Statistics. Volunteer organisations including Rotary, Lions, Surf Life Saving, the Country Fire Authority, the State Emergency Service, and Landcare each draw tens of thousands of members. Online communities and social-media groups have added further forms of association. The right to choose your associations and to leave them at will is one of the everyday freedoms that helps Australians build community.