Human Rights Act (ACT)

The ACT is one of three Australian jurisdictions to have a Human Rights Act. The ACT Human Rights Act 2004 sets out the human rights that must be respected under ACT law. Many of these are long-held principles that are also set out in international conventions. This page deals with the Act and how it is applied in the ACT.

Human rights that are protected

The Act contains the following rights protections.

Civil and political rights

The Act protects civil and political rights including:

• the right to life
• protection from torture and cruel, inhuman or degrading treatment
• the right to privacy and reputation
• the right to freedom of movement
• the right to freedom of expression
• the right to a fair trial
• the right to liberty and security of person
• rights in criminal proceedings

The right to privacy entails a right not to have a person’s privacy, family, home or correspondence interfered with unlawfully or arbitrarily and not to have their reputation unlawfully attacked.

The right to freedom of expression entails a right to hold opinion and to seek, receive and impart information and ideas of all kinds.

The rights protected when a person is going through criminal proceedings include:

• the right to be told promptly the nature of the charges
• the right to have the time and facilities to prepare their defence
• the right to be tried without delay
• to be tried in person or through legal assistance
• to examine prosecution witnesses
• to have the assistance of an interpreter if needed
• not to be compelled to testify against themselves

A child who is going through the criminal process must be segregated from accused adults, treated in a way that is appropriate for their age, and brought to trial as quickly as possible.

Economic and social rights

The Act also protects economic and social rights such as:

• the right to education
• the right to work

The right to education is specified to be the right to free education for children and the right to have access to further education and training, without discrimination, for adults.

The right to work is defined as the right to choose one’s occupation freely and the right to enjoy just and favourable work conditions.

How does the Human Rights Act work?

The ACT was the first Australian jurisdiction to have a Human Rights Act. The Act is not a constitutionally entrenched Bill or Rights. It is an ordinary act of the ACT parliament. The Act requires that all new legislation that is passed in the ACT be scrutinised for its compliance with the human rights standards it sets out.

Under section 37 of the Act, the ACT Attorney-General must prepare a written statement on every bill presented to the Legislative Assembly, stating whether it is consistent with human rights and if not, in what way it is not. Under section 38 of the Act, the relevant standing committee of the Legislative Assembly must report on the human rights issues raised by the bill. However, if these provisions are not followed, this does not affect the validity of the law.

Public authorities must act in a way that is consistent with human rights and must take human rights into consideration when making decisions.

Legal proceedings over the Human Rights Act

A person may start proceedings in the Supreme Court if they believe that they are the victim of a contravention of the Act by a public authority. Proceedings must be started within one year of the contravention complained of.

The Supreme Court may grant the relief it thinks appropriate, excluding damages.

Other jurisdictions

Queensland and Victoria also have Human Rights Acts. However, there is no federal Human Rights Act in Australia.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.