ACT Government Country Resources Australian Capital Territory 31 December 2004 Legislation/regulation

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Description

An Act to respect, protect and promote human rights.

Contents
Page
Preamble 2
Part 1 Preliminary
1 Name of Act 3
3 Dictionary 3
4 Notes 3
Part 2 Human rights
5 What are human rights? 4
6 Who has human rights? 4
7 Rights apart from Act 4
Part 3 Civil and political rights
8 Recognition and equality before the law 5
9 Right to life 5
10 Protection from torture and cruel, inhuman or degrading treatment etc 6
11 Protection of the family and children 6
12 Privacy and reputation 6
13 Freedom of movement 7
14 Freedom of thought, conscience, religion and belief 7
15 Peaceful assembly and freedom of association 7
16 Freedom of expression 7
17 Taking part in public life 8
18 Right to liberty and security of person 8
19 Humane treatment when deprived of liberty 9
20 Children in the criminal process 9
21 Fair trial 10
22 Rights in criminal proceedings 10
23 Compensation for wrongful conviction 11
24 Right not to be tried or punished more than once 12
25 Retrospective criminal laws 12
26 Freedom from forced work 12
27 Rights of minorities 13
Part 3A Economic, social and cultural rights
27A Right to education 14
Part 3B Limits on human rights
28 Human rights may be limited 15
Part 4 Application of human rights to Territory laws
29 Application of pt 4 16
30 Interpretation of laws and human rights 16
31 Interpretation of human rights 16
32 Declaration of incompatibility 17
33 Attorney-General’s action on receiving declaration of incompatibility 17
34 Notice to Attorney-General and commission 18
35 Attorney-General’s right to intervene on human rights 18
36 Human rights commissioner may intervene 19
Part 5 Scrutiny of proposed Territory laws
37 Attorney-General’s statement on government bills 20
38 Consideration of bills by standing committee of Assembly 20
39 Noncompliance with s 37 and s 38 21
Part 5A Obligations of public authorities
40 Meaning of public authority 22
40A Meaning of function of a public nature 22
40B Public authorities must act consistently with human rights 23
40C Legal proceedings in relation to public authority actions 24
40D Other entities may choose to be subject to obligations of public
authorities 25
Part 6 Miscellaneous
41 Review of effect of territory laws on human rights 26
42 Regulation-making power 27
43 Review of economic, social and cultural rights 27
Schedule 1 ICCPR source of human rights 28
Schedule 2 ICESCR source of human rights 30
Dictionary 31
Endnotes
1 About the endnotes 33
2 Abbreviation key 33
3 Legislation history 34
4 Amendment history 35
5 Earlier republications 37

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