Human Rights Act 2004

Section 1 Part 1 Preliminary 1 Name of Act This Act is the Human Rights Act 2004. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘human rights—see section 5.’ means that the term ‘human rights’ is defined in that section. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. R14 Human Rights Act 2004 page 3 06/04/22 Effective: 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Human rights

Section 5 Part 2 Human rights 5 What are human rights? In this Act: human rights means— (a) the civil and political rights in part 3; and (b) the economic, social and cultural rights in part 3A. 6 Who has human rights? Only individuals have human rights. 7 Rights apart from Act This Act is not exhaustive of the rights an individual may have under domestic or international law. Examples of other rights 1 rights under the Discrimination Act 1991 or another Territory law 2 rights under the ICCPR not listed in this Act 3 rights under the ICESCR not listed in this Act + 4 rights under other international conventions page 4 Human Rights Act 2004 R14 Effective: 06/04/22 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Civil and political rights Part 3

Section 8 Part 3 Civil and political rights Note The primary source of these rights is the International Covenant on Civil and Political Rights. 8 Recognition and equality before the law (1) Everyone has the right to recognition as a person before the law. (2) Everyone has the right to enjoy his or her human rights without distinction or discrimination of any kind. (3) Everyone is equal before the law and is entitled to the equal protection of the law without discrimination. In particular, everyone has the right to equal and effective protection against discrimination on any ground. Examples of discrimination Discrimination because of race, colour, sex, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth, disability or other status. 9 Right to life (1) Everyone has the right to life. In particular, no-one may be arbitrarily deprived of life. (2) This section applies to a person from the time of birth. 10 Protection from torture and cruel, inhuman or degrading treatment etc (1) No-one may be— (a) tortured; or (b) treated or punished in a cruel, inhuman or degrading way. (2) No-one may be subjected to medical or scientific experimentation or treatment without his or her free consent. R14 Human Rights Act 2004 page 5 06/04/22 Effective: 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Civil and political rights

Section 11 11 Protection of the family and children Note Family has a broad meaning (see ICCPR General Comment 19 (39th session, 1990)). (1) The family is the natural and basic group unit of society and is entitled to be protected by society. (2) Every child has the right to the protection needed by the child because of being a child, without distinction or discrimination of any kind. Examples of distinction or discrimination Distinction or discrimination because of race, colour, sex, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth, disability or other status. Note A child also has the other human rights set out in this Act. 12 Privacy and reputation Everyone has the right— (a) not to have his or her privacy, family, home or correspondence interfered with unlawfully or arbitrarily; and (b) not to have his or her reputation unlawfully attacked. 13 Freedom of movement Everyone has the right to move freely within the ACT and to enter and leave it, and the freedom to choose his or her residence in the ACT. 14 Freedom of thought, conscience, religion and belief (1) Everyone has the right to freedom of thought, conscience and religion. This right includes— (a) the freedom to have or to adopt a religion or belief of his or her choice; and page 6 Human Rights Act 2004 R14 Effective: 06/04/22 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Civil and political rights Part 3

Section 15 (b) the freedom to demonstrate his or her religion or belief in worship, observance, practice and teaching, either individually or as part of a community and whether in public or private. (2) No-one may be coerced in a way that would limit his or her freedom to have or adopt a religion or belief in worship, observance, practice or teaching. 15 Peaceful assembly and freedom of association (1) Everyone has the right of peaceful assembly. (2) Everyone has the right to freedom of association. 16 Freedom of expression (1) Everyone has the right to hold opinions without interference. (2) Everyone has the right to freedom of expression. This right includes the freedom to seek, receive and impart information and ideas of all kinds, regardless of borders, whether orally, in writing or in print, by way of art, or in another way chosen by him or her. 17 Taking part in public life Every citizen has the right, and is to have the opportunity, to— (a) take part in the conduct of public affairs, directly or through freely chosen representatives; and (b) vote and be elected at periodic elections, that guarantee the free expression of the will of the electors; and (c) have access, on general terms of equality, for appointment to the public service and public office. R14 Human Rights Act 2004 page 7 06/04/22 Effective: 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Civil and political rights

Section 18 18 Right to liberty and security of person (1) Everyone has the right to liberty and security of person. In particular, no-one may be arbitrarily arrested or detained. (2) No-one may be deprived of liberty, except on the grounds and in accordance with the procedures established by law. (3) Anyone who is arrested must be told, at the time of arrest, of the reasons for the arrest and must be promptly told about any charges against him or her. (4) Anyone who is arrested or detained on a criminal charge— (a) must be promptly brought before a judge or magistrate; and (b) has the right to be tried within a reasonable time or released. (5) Anyone who is awaiting trial must not be detained in custody as a general rule, but his or her release may be subject to guarantees to appear for trial, at any other stage of the judicial proceeding, and, if appropriate, for execution of judgment. (6) Anyone who is deprived of liberty by arrest or detention is entitled to apply to a court so that the court can decide, without delay, the lawfulness of the detention and order the person’s release if the detention is not lawful. (7) Anyone who has been unlawfully arrested or detained has the right to compensation for the arrest or detention. (8) No-one may be imprisoned only because of the inability to carry out a contractual obligation. page 8 Human Rights Act 2004 R14 Effective: 06/04/22 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Civil and political rights Part 3

Section 19 19 Humane treatment when deprived of liberty (1) Anyone deprived of liberty must be treated with humanity and with respect for the inherent dignity of the human person. (2) An accused person must be segregated from convicted people, except in exceptional circumstances. Note An accused child must also be segregated from accused adults (see s 20 (1)) (3) An accused person must be treated in a way that is appropriate for a person who has not been convicted. 20 Children in the criminal process (1) An accused child must be segregated from accused adults. (2) An accused child must be treated in a way that is appropriate for a person of the child’s age who has not been convicted. (3) A child must be brought to trial as quickly as possible. (4) A convicted child must be treated in a way that is appropriate for a person of the child’s age who has been convicted. 21 Fair trial (1) Everyone has the right to have criminal charges, and rights and obligations recognised by law, decided by a competent, independent and impartial court or tribunal after a fair and public hearing. (2) However, the press and public may be excluded from all or part of a trial— (a) to protect morals, public order or national security in a democratic society; or (b) if the interest of the private lives of the parties require the exclusion; or R14 Human Rights Act 2004 page 9 06/04/22 Effective: 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Civil and political rights

Section 22 (c) if, and to the extent that, the exclusion is strictly necessary, in special circumstances of the case, because publicity would otherwise prejudice the interests of justice. (3) But each judgment in a criminal or civil proceeding must be made public unless the interest of a child requires that the judgment not be made public. 22 Rights in criminal proceedings (1) Everyone charged with a criminal offence has the right to be presumed innocent until proved guilty according to law. (2) Anyone charged with a criminal offence is entitled to the following minimum guarantees, equally with everyone else: (a) to be told promptly and in detail, in a language that he or she understands, about the nature and reason for the charge; (b) to have adequate time and facilities to prepare his or her defence and to communicate with lawyers or advisors chosen by him or her; (c) to be tried without unreasonable delay; (d) to be tried in person, and to defend himself or herself personally, or through legal assistance chosen by him or her; (e) to be told, if he or she does not have legal assistance, about the right to legal assistance chosen by him or her; (f) to have legal assistance provided to him or her, if the interests of justice require that the assistance be provided, and to have the legal assistance provided without payment if he or she cannot afford to pay for the assistance; (g) to examine prosecution witnesses, or have them examined, and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as prosecution witnesses; page 10 Human Rights Act 2004 R14 Effective: 06/04/22 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Civil and political rights Part 3

Section 23 (h) to have the free assistance of an interpreter if he or she cannot understand or speak the language used in court; (i) not to be compelled to testify against himself or herself or to confess guilt. (3) A child who is charged with a criminal offence has the right to a procedure that takes account of the child’s age and the desirability of promoting the child’s rehabilitation. (4) Anyone convicted of a criminal offence has the right to have the conviction and sentence reviewed by a higher court in accordance with law. 23 Compensation for wrongful conviction (1) This section applies if— (a) anyone is convicted by a final decision of a criminal offence; and (b) the person suffers punishment because of the conviction; and (c) the conviction is reversed, or he or she is pardoned, on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice. (2) If this section applies, the person has the right to be compensated according to law. (3) However, subsection (2) does not apply if it is proved that the nondisclosure of the unknown fact in time is completely or partly the person’s own doing. 24 Right not to be tried or punished more than once No-one may be tried or punished again for an offence for which he or she has already been finally convicted or acquitted in accordance with law. R14 Human Rights Act 2004 page 11 06/04/22 Effective: 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Civil and political rights

Section 25 25 Retrospective criminal laws (1) No-one may be held guilty of a criminal offence because of conduct that was not a criminal offence under Territory law when it was engaged in. (2) A penalty may not be imposed on anyone for a criminal offence that is heavier than the penalty that applied to the offence when it was committed. If the penalty for an offence is reduced after anyone commits the offence, he or she benefits from the reduced penalty. 26 Freedom from forced work (1) No-one may be held in slavery or servitude. (2) No-one may be made to perform forced or compulsory labour. (3) In subsection (2): forced or compulsory labour does not include— (a) work or service normally required of an individual who is under detention because of a lawful court order, or who has been conditionally released from detention under a court order; or (b) work or service required because of an emergency or calamity threatening the life or wellbeing of the community; or (c) work or service that forms part of normal civil obligations. 27 Cultural and other rights of Aboriginal and Torres Strait Islander peoples and other minorities (1) Anyone who belongs to an ethnic, religious or linguistic minority must not be denied the right, with other members of the minority, to enjoy his or her culture, to declare and practise his or her religion, or to use his or her language. page 12 Human Rights Act 2004 R14 Effective: 06/04/22 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Civil and political rights Part 3

Section 27 (2) Aboriginal and Torres Strait Islander peoples hold distinct cultural rights and must not be denied the right— (a) to maintain, control, protect and develop their— (i) cultural heritage and distinctive spiritual practices, observances, beliefs and teachings; and (ii) languages and knowledge; and (iii) kinship ties; and (b) to have their material and economic relationships with the land and waters and other resources with which they have a connection under traditional laws and customs recognised and valued. Note The primary source of the rights in s (2) is the United Nations Declaration on the Rights of Indigenous Peoples, art 25 and art 31. R14 Human Rights Act 2004 page 13 06/04/22 Effective: 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3A Economic, social and cultural rights

Section 27A Part 3A Economic, social and cultural rights Note The primary source of these rights is the International Covenant on Economic, Social and Cultural Rights. 27A Right to education (1) Every child has the right to have access to free, school education appropriate to his or her needs. (2) Everyone has the right to have access to further education and vocational and continuing training. (3) These rights are limited to the following immediately realisable aspects: (a) everyone is entitled to enjoy these rights without discrimination; (b) to ensure the religious and moral education of a child in conformity with the convictions of the child’s parent or guardian, the parent or guardian may choose schooling for the child (other than schooling provided by the government) that conforms to the minimum educational standards required under law. 27B Right to work and other work-related rights (1) Everyone has the right to work, including the right to choose their occupation or profession freely. The practice of a trade, occupation or profession may be regulated by law. (2) Everyone has the right to the enjoyment of just and favourable conditions of work. (3) Everyone has the right to form or join a work-related organisation, including a trade union, with the objective of promoting or protecting their economic or other social interests. page 14 Human Rights Act 2004 R14 Effective: 06/04/22 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Economic, social and cultural rights Part 3A

Section 27B (4) Everyone has the right to protection against acts of anti-union discrimination in relation to their employment. (5) Everyone is entitled to enjoy these rights without discrimination. Examples—discrimination discrimination because of race, colour, sex, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth, disability or other status Note 1 Section 28 sets out what must be considered in deciding whether a limit on rights is reasonable. Note 2 Aspects of rights under this section are considered at international law to be subject to an obligation of progressive realisation. Note 3 An international law relevant to interpreting progressively realisable rights is Article 8 (4) of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. That article provides for consideration of the reasonableness of steps taken to progressively realise rights and notes that a range of possible policy measures for the implementation of rights may be adopted. R14 Human Rights Act 2004 page 15 06/04/22 Effective: 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3B Limits on human rights

Section 28 Part 3B Limits on human rights 28 Human rights may be limited (1) Human rights may be subject only to reasonable limits set by laws that can be demonstrably justified in a free and democratic society. (2) In deciding whether a limit is reasonable, all relevant factors must be considered, including the following: (a) the nature of the right affected; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation; (d) the relationship between the limitation and its purpose; (e) any less restrictive means reasonably available to achieve the purpose the limitation seeks to achieve. page 16 Human Rights Act 2004 R14 Effective: 06/04/22 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Application of human rights to Territory laws Part 4

Section 29 Part 4 Application of human rights to Territory laws 29 Application of pt 4 This part applies to all Territory laws. 30 Interpretation of laws and human rights So far as it is possible to do so consistently with its purpose, a Territory law must be interpreted in a way that is compatible with human rights. 31 Interpretation of human rights (1) International law, and the judgments of foreign and international courts and tribunals, relevant to a human right may be considered in interpreting the human right. (2) In deciding whether material mentioned in subsection (1) or any other material should be considered, and the weight to be given to the material, the following matters must be taken into account: (a) the desirability of being able to rely on the ordinary meaning of this Act, having regard to its purpose and its provisions read in the context of the Act as a whole; (b) the undesirability of prolonging proceedings without compensating advantage; (c) the accessibility of the material to the public. Note The matters to be taken into account under this subsection are consistent with those required to be taken into account under the Legislation Act, s 141 (2). (3) For subsection (2) (c), material in the ACT legislation register is taken to be accessible to the public. R14 Human Rights Act 2004 page 17 06/04/22 Effective: 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Application of human rights to Territory laws

Section 32 32 Declaration of incompatibility (1) This section applies if— (a) a proceeding is being heard by the Supreme Court; and (b) an issue arises in the proceeding about whether a Territory law is consistent with a human right. (2) If the Supreme Court is satisfied that the Territory law is not consistent with the human right, the court may declare that the law is not consistent with the human right (the declaration of incompatibility). (3) The declaration of incompatibility does not affect— (a) the validity, operation or enforcement of the law; or (b) the rights or obligations of anyone. (4) The registrar of the Supreme Court must promptly give a copy of the declaration of incompatibility to the Attorney-General. 33 Attorney-General’s action on receiving declaration of incompatibility (1) This section applies if the Attorney-General receives a copy of a declaration of incompatibility. (2) The Attorney-General must present a copy of the declaration of incompatibility to the Legislative Assembly within 6 sitting days after the day the Attorney-General receives the copy. (3) The Attorney-General must prepare a written response to the declaration of incompatibility and present it to the Legislative Assembly not later than 6 months after the day the copy of the declaration is presented to the Legislative Assembly. page 18 Human Rights Act 2004 R14 Effective: 06/04/22 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Application of human rights to Territory laws Part 4

Section 34 34 Notice to Attorney-General and commission (1) This section applies— (a) if— (i) a question arises in a proceeding in the Supreme Court that involves the application of this Act; or (ii) the Supreme Court is considering making a declaration of incompatibility in a proceeding; and (b) if the Territory is not a party to the proceeding. (2) The Supreme Court must not allow the proceeding to continue or make the declaration unless the court is satisfied that— (a) notice of the proceeding has been given to the Attorney-General and the commission; and (b) a reasonable time has passed since the giving of the notice for the Attorney-General and the commission to decide whether to intervene in the proceeding. (3) For subsection (2), the Supreme Court may— (a) direct a party to give notice of the proceeding to the Attorney-General and the commission; and (b) continue to hear evidence and argument concerning matters severable from any matter involving the application of this Act. (4) Subsection (2) does not prevent the Supreme Court from hearing and deciding a proceeding, to the extent that the proceeding relates to the grant of urgent relief of an interlocutory nature, if the court considers it necessary in the interests of justice. 35 Attorney-General’s right to intervene on human rights The Attorney-General may intervene in a proceeding before a court that involves the application of this Act. R14 Human Rights Act 2004 page 19 06/04/22 Effective: 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Application of human rights to Territory laws

Section 36 36 Human rights commissioner may intervene (1) The human rights commissioner may intervene in a proceeding before a court that involves the application of this Act with the leave of the court. (2) The court may give leave subject to conditions. page 20 Human Rights Act 2004 R14 Effective: 06/04/22 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Scrutiny of proposed Territory laws Part 5

Section 37 Part 5 Scrutiny of proposed Territory laws 37 Attorney-General’s statement on government bills (1) This section applies to each bill presented to the Legislative Assembly by a Minister. (2) The Attorney-General must prepare a written statement (the compatibility statement) about the bill for presentation to the Legislative Assembly. (3) The compatibility statement must state— (a) whether, in the Attorney-General’s opinion, the bill is consistent with human rights; and (b) if it is not consistent, how it is not consistent with human rights. 38 Consideration of bills by relevant Assembly committee (1) The relevant Assembly committee must report to the Legislative Assembly about human rights issues raised by bills presented to the Assembly. (2) In this section: relevant Assembly committee means a standing committee of the Legislative Assembly nominated, in writing, by the Speaker for subsection (1). 39 Noncompliance with s 37 and s 38 A failure to comply with section 37 or section 38 in relation to a bill does not affect the validity, operation or enforcement of any Territory law. R14 Human Rights Act 2004 page 21 06/04/22 Effective: 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5A Obligations of public authorities

Section 40 Part 5A Obligations of public authorities 40 Meaning of public authority (1) Each of the following is a public authority: (a) an administrative unit; (b) a territory authority; (c) a territory instrumentality; (d) a Minister; (e) a police officer, when exercising a function under a Territory law; (f) a public employee; (g) an entity whose functions are or include functions of a public nature, when it is exercising those functions for the Territory or a public authority (whether under contract or otherwise). Note A reference to an entity includes a reference to a person exercising a function of the entity, whether under a delegation, subdelegation or otherwise (see Legislation Act, s 184A (1)). (2) However, public authority does not include— (a) the Legislative Assembly, except when acting in an administrative capacity; or (b) a court, except when acting in an administrative capacity. page 22 Human Rights Act 2004 R14 Effective: 06/04/22 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Obligations of public authorities Part 5A

Section 40A 40A Meaning of function of a public nature (1) In deciding whether a function of an entity is a function of a public nature, the following matters may be considered: (a) whether the function is conferred on the entity under a territory law; (b) whether the function is connected to or generally identified with functions of government; (c) whether the function is of a regulatory nature; (d) whether the entity is publicly funded to perform the function; (e) whether the entity performing the function is a company (within the meaning of the Corporations Act) the majority of the shares in which are held by or for the Territory. (2) Subsection (1) does not limit the matters that may be considered in deciding whether a function is of a public nature. (3) Without limiting subsection (1) or (2), the following functions are taken to be of a public nature: (a) the operation of detention places and correctional centres; (b) the provision of any of the following services: (i) gas, electricity and water supply; (ii) emergency services; (iii) public health services; (iv) public education; (v) public transport; (vi) public housing. R14 Human Rights Act 2004 page 23 06/04/22 Effective: 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5A Obligations of public authorities

Section 40B 40B Public authorities must act consistently with human rights (1) It is unlawful for a public authority— (a) to act in a way that is incompatible with a human right; or (b) in making a decision, to fail to give proper consideration to a relevant human right. (2) Subsection (1) does not apply if the act is done or decision made under a law in force in the Territory and— (a) the law expressly requires the act to be done or decision made in a particular way and that way is inconsistent with a human right; or (b) the law cannot be interpreted in a way that is consistent with a human right. Note A law in force in the Territory includes a Territory law and a Commonwealth law. (3) In this section: public authority includes an entity for whom a declaration is in force under section 40D. 40C Legal proceedings in relation to public authority actions (1) This section applies if a person— (a) claims that a public authority has acted in contravention of section 40B; and (b) alleges that the person is or would be a victim of the contravention. (2) The person may— (a) start a proceeding in the Supreme Court against the public authority; or page 24 Human Rights Act 2004 R14 Effective: 06/04/22 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Obligations of public authorities Part 5A

Section 40D (b) rely on the person’s rights under this Act in other legal proceedings. (3) A proceeding under subsection (2) (a) must be started not later than 1 year after the day (or last day) the act complained of happens, unless the court orders otherwise. (4) The Supreme Court may, in a proceeding under subsection (2), grant the relief it considers appropriate except damages. (5) This section does not affect— (a) a right a person has (otherwise than because of this Act) to seek relief in relation to an act or decision of a public authority; or (b) a right a person has to damages (apart from this section). Note See also s 18 (7) and s 23. (6) In this section: public authority includes an entity for whom a declaration is in force under section 40D. 40D Other entities may choose to be subject to obligations of public authorities (1) An entity that is not a public authority under section 40 may ask the Minister, in writing, to declare that the entity is subject to the obligations of a public authority under this part. (2) On request under subsection (1), the Minister must make the declaration. (3) The Minister may revoke the declaration only if the entity asks the Minister, in writing, to revoke it. (4) A declaration under this section is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. R14 Human Rights Act 2004 page 25 06/04/22 Effective: 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Miscellaneous

Section 41 Part 6 Miscellaneous 41 Review of effect of territory laws on human rights (1) The commission has the following functions: (a) review the effect of territory laws, including the common law, on human rights; (b) report in writing to the Minister on the results of the review. (2) The Minister must present a copy of a report mentioned in subsection (1) to the Legislative Assembly within 6 sitting days after the day the Minister receives the report. (3) However, the Minister may amend the report (including by omitting part of the report) before presenting it to the Legislative Assembly to prevent the report— (a) disclosing the identity of— (i) a person whose human rights have, or may have been, contravened; or (ii) someone who may have contravened someone else’s rights; or (b) allowing the identity of someone mentioned in paragraph (a) to be worked out; or (c) disclosing information if the disclosure of the information could, in the Minister’s opinion, harm the public interest. (4) If the Minister amends the report, the Minister must present a statement to the Legislative Assembly with the report that tells the Assembly that the report has been amended. page 26 Human Rights Act 2004 R14 Effective: 06/04/22 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Miscellaneous Part 6

Section 42 42 Regulation-making power The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act. R14 Human Rights Act 2004 page 27 06/04/22 Effective: 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 ICCPR source of human rights

Schedule 1 ICCPR source of human rights (see pt 3) column 1 column 2 column 3 column 4 item section description ICCPR article 1 8 (1) right to recognition as person 16 2 8 (2) right to enjoy rights without 2 (1) distinction etc 3 8 (3) equality before law and equal 26 protection 4 9 (1) right to life 6 (1) 5 10 protection from torture and cruel, 7 inhuman or degrading treatment etc 6 11 (1) protection of family 23 (1) 7 11 (2) protection of children 24 (1) 8 12 privacy and reputation 17 (1) 9 13 freedom of movement 12 (1) 10 14 (1) freedom of thought, conscience and 18 (1), (3) religion 11 14 (2) no coercion to limit religious 18 (2), (3) freedom 12 15 (1) peaceful assembly 21 13 15 (2) freedom of association 22 14 16 (1) right to hold opinions 19 (1) 15 16 (2) freedom of expression 19 (2), (3) 16 17 taking part in public life 25 17 18 (1)-(7) right to liberty and security of 9 person 18 18 (8) no imprisonment for contractual 11 obligations page 28 Human Rights Act 2004 R14 Effective: 06/04/22 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au ICCPR source of human rights Schedule 1 column 1 column 2 column 3 column 4 item section description ICCPR article 19 19 humane treatment when deprived of 10 (1), (2) (a) liberty 20 20 children in the criminal process 10 (2) (b), (3) 21 21 fair trial 14 (1) 22 22 (1) rights in criminal proceedings 14 (2) 23 22 (2) minimum guarantees for those 14 (3) charged 24 22 (3) rights of child charged 14 (4) 25 22 (4) right of review 14 (5) 26 23 compensation for wrongful 14 (6) conviction 27 24 right not to be tried or punished 14 (7) more than once 28 25 retrospective criminal laws 15 (1) 29 26 freedom from forced work 8 (1), (2), (3) (a), (3) (c) 30 27 (1) rights of minorities 27 31 27 (2) cultural rights of Aboriginal and Torres Strait Islander peoples Note The primary source of the rights in s 27 (2) is the United Nations Declaration on the Rights of Indigenous Peoples, art 25 and art 31. R14 Human Rights Act 2004 page 29 06/04/22 Effective: 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 2 ICESCR source of human rights

Schedule 2 ICESCR source of human rights (see pt 3A) column 1 column 2 column 3 column 4 item section description ICESCR article 1 27A right to education 13 2 27B right to work and other 2 (2), 6 (1), 7, 8 work-related rights Note The primary source of the right in s 27B (4) is the International Labour Organisation Right to Organise and Collective Bargaining Convention, art 1. page 30 Human Rights Act 2004 R14 Effective: 06/04/22 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • Act (see s 7) • emergency service • entity • foreign country • individual • may (see s 146) • Minister (see s 162) • proceeding • public employee • public service • statutory instrument (see s 13). act, for part 5A (Obligations of public authorities), includes fail to act and propose to act. commission means the human rights commission. conduct includes omission. court includes the following: (a) the ACAT; (b) an entity prescribed by regulation. declaration of incompatibility—see section 32. engage in conduct means— (a) do an act; or (b) omit to do an act. R14 Human Rights Act 2004 page 31 06/04/22 Effective: 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary function of a public nature—see section 40A. human rights—see section 5. ICCPR means the International Covenant on Civil and Political Rights. ICESCR means the International Covenant on Economic, Social and Cultural Rights. international law includes— (a) the International Covenant on Civil and Political Rights and other human rights treaties to which Australia is a party; and (b) general comments and views of the United Nations human rights treaty monitoring bodies; and (c) declarations and standards adopted by the United Nations General Assembly that are relevant to human rights. public authority—see section 40. Territory law means an Act or statutory instrument. page 32 Human Rights Act 2004 R14 Effective: 06/04/22 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes About the endnotes 1 Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired R14 Human Rights Act 2004 page 33 06/04/22 Effective: 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 3 Legislation history 3 Legislation history Human Rights Act 2004 A2004-5 notified LR 10 March 2004 s 1, s 2 commenced 10 March 2004 (LA s 75 (1)) remainder commenced 1 July 2004 (s 2) as amended by Human Rights Commission Legislation Amendment Act 2005 A2005-41 sch 1 pt 1.7 (as am by A2006-3 amdt 1.3) notified LR 1 September 2005 s 1, s 2 commenced 1 September 2005 (LA s 75 (1)) sch 1 pt 1.7 commenced 1 November 2006 (s 2 (3) (as am by A2006-3 amdt 1.3) and see Human Rights Commission Act 2005 A2005-40, s 2 (as am by A2006-3 s 4) and CN2006-21) Human Rights Commission Legislation Amendment Act 2006 A2006-3 amdt 1.3 notified LR 22 February 2006 s 1, s 2 commenced 22 February 2006 (LA s 75 (1)) amdt 1.3 commenced 23 February 2006 (s 2) Note This Act only amends the Human Rights Commission Legislation Amendment Act 2005 A2005-41 Human Rights Amendment Act 2008 A2008-3 notified LR 17 March 2008 s 1, s 2 commenced 17 March 2008 (LA s 75 (1)) ss 7-9 commenced 1 January 2009 (s 2 (1)) remainder commenced 18 March 2008 (s 2 (2)) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.30 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.30 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Human Rights Amendment Act 2012 A2012-41 notified LR 29 August 2012 s 1, s 2 commenced 29 August 2012 (LA s 75 (1) remainder commenced 1 January 2013 (s 2) page 34 Human Rights Act 2004 R14 Effective: 06/04/22 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes Legislation history 3 Human Rights Amendment Act 2016 A2016-5 notified LR 25 February 2016 s 1, s 2 commenced 25 February 2016 (LA s 75 (1)) remainder commenced 26 February 2016 (s 2) Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.36 notified LR 25 August 2016 s 1, s 2 commenced 25 August 2016 (LA s 75 (1)) sch 1 pt 1.36 commenced 1 September 2016 (s 2) Justice and Community Safety Legislation Amendment Act 2017 A2017-5 sch 1 pt 1.4 notified LR 23 February 2017 s 1, s 2 commenced 23 February 2017 (LA s 75 (1)) sch 1 pt 1.4 commenced 2 March 2017 (s 2 (3)) Human Rights (Workers Rights) Amendment Act 2020 A2020-13 notified LR 13 May 2020 s 1, s 2 commenced 13 May 2020 (LA s 75 (1)) remainder commenced 14 May 2020 (s 2) Legislation (Legislative Assembly Committees) Amendment Act 2022 A2022-4 sch 1 pt 1.12 notified LR 30 March 2022 s 1, s 2 commenced 30 March 2022 (LA s 75 (1)) sch 1 pt 1.12 commenced 6 April 2022 (s 2) R14 Human Rights Act 2004 page 35 06/04/22 Effective: 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 4 Amendment history 4 Amendment history Preamble preamble am A2016-5 s 4 Commencement s2 om LA s 89 (4) What are human rights? s5 sub A2012-41 s 4 Rights apart from Act s7 ins A2012-41 s 5 Protection of the family and children s 11 am A2016-5 s 5 Cultural and other rights of Aboriginal and Torres Strait Islander peoples and other minorities s 27 hdg sub A2016-5 s 6 s 27 am A2016-5 s 7 Economic, social and cultural rights pt 3A hdg ins A2012-41 s 6 Right to education s 27A ins A2012-41 s 6 Right to work and other work-related rights s 27B ins A2020-13 s 4 Limits on human rights pt 3B hdg ins A2012-41 s 6 Human rights may be limited s 28 am A2008-3 s 4; A2012-41 s 7 Interpretation of laws and human rights s 30 sub A2008-3 s 5 Notice to Attorney-General and commission s 34 hdg sub A2005-41 amdt 1.101 s 34 am A2005-41 amdts 1.102-1.104 sub A2008-3 s 6 Consideration of bills by relevant Assembly committee s 38 sub A2022-4 amdt 1.41 Obligations of public authorities pt 5A hdg ins A2008-3 s 7 Meaning of public authority s 40 om A2005-41 amdt 1.105 ins A2008-3 s 7 page 36 Human Rights Act 2004 R14 Effective: 06/04/22 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes Amendment history 4 Meaning of function of a public nature s 40A ins A2008-3 s 7 Public authorities must act consistently with human rights s 40B ins A2008-3 s 7; A2012-41 s 8 am A2016-5 s 8 Legal proceedings in relation to public authority actions s 40C ins A2008-3 s 7 Other entities may choose to be subject to obligations of public authorities s 40D ins A2008-3 s 7 Miscellaneous pt 6 hdg orig pt 6 hdg om A2005-41 amdt 1.105 (prev pt 7 hdg) renum A2005-41 amdt 1.107 Miscellaneous pt 7 hdg renum as pt 6 hdg Review of effect of territory laws on human rights s 41 om A2005-41 amdt 1.105 ins A2005-41 amdt 1.106 am A2017-5 amdt 1.9, amdt 1.10 Review of economic, social and cultural rights s 43 exp 1 January 2007 (s 43 (3)) ins A2012-41 s 9 exp 1 January 2016 (s 43 (3)) Review of Act s 44 exp 1 January 2010 (s 44 (2)) Legislation amended—sch 2 s 45 om LA s 89 (3) ICCPR source of human rights sch 1 am A2016-5 s 9 ICESCR source of human rights sch 2 om LA s 89 (3) ins A2012-41 s 10 am A2020-13 s 5 R14 Human Rights Act 2004 page 37 06/04/22 Effective: 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 4 Amendment history Dictionary dict am A2008-3 s 8; A2016-52 amdt 1.102; A2017-5 amdt 1.11 def act ins A2008-3 s 9 def commission ins A2005-41 amdt 1.108 def court sub A2008-36 amdt 1.351 def ICESCR ins A2012-41 s 11 def function of a public nature ins A2008-3 s 9 def human rights commissioner om A2005-41 amdt 1.109 def public authority ins A2008-3 s 9 page 38 Human Rights Act 2004 R14 Effective: 06/04/22 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes Earlier republications 5 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication Effective Last Republication No and date amendment for made by R1 1 July 2004– not amended new Act 1 July 2004 31 October 2006 R2 1 Nov 2006– A2006-3 amendments by 1 Nov 2006 1 Jan 2007 A2005-41 as amended by A2006-3 R3 2 Jan 2007– A2006-3 commenced expiry 2 Jan 2007 17 Mar 2008 R4 18 Mar 2008– A2008-3 amendments by 18 Mar 2008 31 Dec 2008 A2008-3 R5 1 Jan 2009– A2008-36 amendments by 1 Jan 2009 1 Feb 2009 A2008-3 R6 2 Feb 2009– A2008-36 amendments by 2 Feb 2009 1 Jan 2010 A2008-36 R7* 2 Jan 2010– A2008-36 commenced expiry 2 Jan 2010 31 Dec 2012 R8* 1 Jan 2013– A2012-41 amendments by 1 Jan 2013 1 Jan 2016 A2012-41 R9 2 Jan 2016– A2012-41 expiry of provision 2 Jan 2016 25 Feb 2016 (s 43) R10 26 Feb 2016– A2016-5 amendments by 26 Feb 2016 31 Aug 2016 A2016-5 R11 1 Sept 2016– A2016-52 amendments by 1 Sept 2016 1 Mar 2017 A2016-52 R14 Human Rights Act 2004 page 39 06/04/22 Effective: 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 5 Earlier republications Republication Effective Last Republication No and date amendment for made by R12 2 Mar 2017– A2017-5 amendments by 2 Mar 2017 13 May 2020 A2017-5 R13 14 May 2020– A2020-13 amendments by 14 May 2020 5 Apr 2022 A2020-13 © Australian Capital Territory 2022 page 40 Human Rights Act 2004 R14 Effective: 06/04/22 06/04/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au