When are disputes over the human rights of an individual within Australia best protected by international treaties? (A) When the High Court hears the dispute after the Commonwealth Government has ratified the treaty (B) When the High Court hears the dispute after Australia has voted for the treaty in the United Nations (C) When the International Court of Justice hears the dispute between the Australian Government and the individual (D) When the High Court hears the dispute after the Commonwealth Parliament has incorporated the treaty into our domestic law - HSC - SSCE Legal Studies - Question 6 - 2004 - Paper 1

To determine the best protection of individual human rights under international treaties within Australia, it is crucial to understand the role of domestic law. The incorporation of treaties into domestic law enables Australian courts, particularly the High Court, to directly enforce and apply those treaties. Therefore, disputes are best protected when the High Court hears them after the treaty has been incorporated by the Commonwealth Parliament, as this allows for the full effect of the treaty to be realized in the legal system.

This means that individuals can invoke the treaty in courts, ensuring that their rights are upheld according to the obligations set forth in the treaty. Hence, option (D) is the correct answer.