{"id":"a-2004-5","name":"Human Rights Act 2004","slug":"human-rights-act-2004","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"5 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23747,"registerId":"act-a-2004-5-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Human Rights Act 2004","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHuman Rights Act 2004\nA2004-5\nRepublication No 17\nEffective: 17 March 2025\nRepublication date: 17 March 2025\nLast amendment made by A2024-49\n(republication for amendments by A2024-43)\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Human Rights Act 2004 (including any amendment made under the\nLegislation Act 2001, part 11.3 (Editorial changes)) as in force on 17 March 2025. It also includes\nany commencement, amendment, repeal or expiry affecting this republished law to\n17 March 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHuman Rights Act 2004\nContents\nPage\nPreamble 2\nPart 1 Preliminary\n1 Name of Act 3\n3 Dictionary 3\n4 Notes 3\nPart 2 Human rights\n5 What are human rights? 4\n6 Who has human rights? 4\n7 Rights apart from Act 4\nPart 3 Civil and political rights\n8 Recognition and equality before the law 5\n9 Right to life 5\n10 Protection from torture and cruel, inhuman or degrading treatment etc 5\n\nContents\nPage\ncontents 2 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Protection of the family and children 6\n12 Privacy and reputation 6\n13 Freedom of movement 6\n14 Freedom of thought, conscience, religion and belief 6\n15 Peaceful assembly and freedom of association 7\n16 Freedom of expression 7\n17 Taking part in public life 7\n18 Right to liberty and security of person 7\n19 Humane treatment when deprived of liberty 8\n20 Children in the criminal process 9\n21 Fair trial 9\n22 Rights in criminal proceedings 9\n23 Compensation for wrongful conviction 11\n24 Right not to be tried or punished more than once 11\n25 Retrospective criminal laws 11\n26 Freedom from forced work 12\n27 Cultural and other rights of Aboriginal and Torres Strait Islander\npeoples and other minorities 12\nPart 3A Economic, social and cultural rights\n27A Right to education 14\n27B Right to work and other work-related rights 15\n27C Right to a healthy environment 15\nPart 3B Limits on human rights\n28 Human rights may be limited 16\nPart 4 Application of human rights to Territory laws\n29 Application of pt 4 17\n30 Interpretation of laws and human rights 17\n31 Interpretation of human rights 17\n32 Declaration of incompatibility 18\n33 Attorney-General’s action on receiving declaration of incompatibility 18\n34 Notice to Attorney-General and commission 19\n35 Attorney-General’s right to intervene on human rights 19\n\nContents\nPage\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n36 Human rights commissioner may intervene 20\nPart 5 Scrutiny of proposed Territory laws\n37 Attorney-General’s statement on government bills 21\n38 Consideration of legislation by relevant Assembly committee 21\n39 Noncompliance with s 37 and s 38 21\nPart 5A Obligations of public authorities\n40 Meaning of public authority 22\n40A Meaning of function of a public nature 23\n40B Public authorities must act consistently with human rights 24\n40C Legal proceedings in relation to public authority actions 24\n40D Other entities may choose to be subject to obligations of public\nauthorities 27\nPart 6 Miscellaneous\n41 Review of effect of territory laws on human rights 28\n42 Regulation-making power 29\n43 Review of amendments made by Human Rights (Healthy\nEnvironment) Amendment Act 2024 29\nSchedule 1 ICCPR source of human rights 31\nSchedule 2 ICESCR source of human rights 33\nDictionary 34\nEndnotes\n1 About the endnotes 36\n2 Abbreviation key 36\n3 Legislation history 37\n\nContents\nPage\ncontents 4 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history 40\n5 Earlier republications 44\n\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHuman Rights Act 2004\nAn Act to respect, protect and promote human rights\n\nPreamble\npage 2 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPreamble\n1 Human rights are necessary for individuals to live lives of dignity and\nvalue.\n2 Respecting, protecting and promoting the rights of individuals\nimproves the welfare of the whole community.\n3 Human rights are set out in this Act so that individuals know what\ntheir rights are.\n4 Setting out these human rights also makes it easier for them to be\ntaken into consideration in the development and interpretation of\nlegislation.\n5 This Act encourages individuals to see themselves, and each other, as\nthe holders of rights, and as responsible for upholding the human\nrights of others.\n6 Few rights are absolute. Human rights may be subject only to the\nreasonable limits in law that can be demonstrably justified in a free\nand democratic society. One individual’s rights may also need to be\nweighed against another individual’s rights.\n7 Although human rights belong to all individuals, they have special\nsignificance for Aboriginal and Torres Strait Islander peoples—the\nfirst owners of this land, members of its most enduring cultures, and\nindividuals for whom the issue of rights protection has great and\ncontinuing importance.\nThe Legislative Assembly for the Australian Capital Territory therefore enacts as\nfollows:\n\nPreliminary Part 1\nSection 1\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Human Rights Act 2004.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘human rights—see section 5.’\nmeans that the term ‘human rights’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPart 2 Human rights\nSection 5\npage 4 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Human rights\n5 What are human rights?\nIn this Act:\nhuman rights means—\n(a) the civil and political rights in part 3; and\n(b) the economic, social and cultural rights in part 3A.\n6 Who has human rights?\nOnly individuals have human rights.\n7 Rights apart from Act\nThis Act is not exhaustive of the rights an individual may have under\ndomestic or international law.\nExamples of other rights\n1 rights under the Discrimination Act 1991 or another Territory law\n2 rights under the ICCPR not listed in this Act\n3 rights under the ICESCR not listed in this Act\n4 rights under other international conventions+\n\nCivil and political rights Part 3\nSection 8\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Civil and political rights\nNote The primary source of these rights is the International Covenant on Civil\nand Political Rights.\n8 Recognition and equality before the law\n(1) Everyone has the right to recognition as a person before the law.\n(2) Everyone has the right to enjoy their human rights without distinction\nor discrimination of any kind.\n(3) Everyone is equal before the law and is entitled to the equal protection\nof the law without discrimination. In particular, everyone has the\nright to equal and effective protection against discrimination on any\nground.\nExamples of discrimination\nDiscrimination because of race, colour, sex, sexual orientation, language, religion,\npolitical or other opinion, national or social origin, property, birth, disability or\nother status.\n9 Right to life\n(1) Everyone has the right to life. In particular, no-one may be arbitrarily\ndeprived of life.\n(2) This section applies to a person from the time of birth.\n10 Protection from torture and cruel, inhuman or degrading\ntreatment etc\n(1) No-one may be—\n(a) tortured; or\n(b) treated or punished in a cruel, inhuman or degrading way.\n(2) No-one may be subjected to medical or scientific experimentation or\ntreatment without their free consent.\n\nPart 3 Civil and political rights\nSection 11\npage 6 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Protection of the family and children\nNote Family has a broad meaning (see ICCPR General Comment 19 (39th\nsession, 1990)).\n(1) The family is the natural and basic group unit of society and is entitled\nto be protected by society.\n(2) Every child has the right to the protection needed by the child because\nof being a child, without distinction or discrimination of any kind.\nExamples of distinction or discrimination\nDistinction or discrimination because of race, colour, sex, sexual orientation,\nlanguage, religion, political or other opinion, national or social origin, property,\nbirth, disability or other status.\nNote A child also has the other human rights set out in this Act.\n12 Privacy and reputation\nEveryone has the right—\n(a) not to have their privacy, family, home or correspondence\ninterfered with unlawfully or arbitrarily; and\n(b) not to have their reputation unlawfully attacked.\n13 Freedom of movement\nEveryone has the right to move freely within the ACT and to enter\nand leave it, and the freedom to choose their residence in the ACT.\n14 Freedom of thought, conscience, religion and belief\n(1) Everyone has the right to freedom of thought, conscience and\nreligion. This right includes—\n(a) the freedom to have or to adopt a religion or belief of their\nchoice; and\n(b) the freedom to demonstrate their religion or belief in worship,\nobservance, practice and teaching, either individually or as part\nof a community and whether in public or private.\n\nCivil and political rights Part 3\nSection 15\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) No-one may be coerced in a way that would limit their freedom to\nhave or adopt a religion or belief in worship, observance, practice or\nteaching.\n15 Peaceful assembly and freedom of association\n(1) Everyone has the right of peaceful assembly.\n(2) Everyone has the right to freedom of association.\n16 Freedom of expression\n(1) Everyone has the right to hold opinions without interference.\n(2) Everyone has the right to freedom of expression. This right includes\nthe freedom to seek, receive and impart information and ideas of all\nkinds, regardless of borders, whether orally, in writing or in print, by\nway of art, or in another way chosen by them.\n17 Taking part in public life\nEvery citizen has the right, and is to have the opportunity, to—\n(a) take part in the conduct of public affairs, directly or through\nfreely chosen representatives; and\n(b) vote and be elected at periodic elections, that guarantee the free\nexpression of the will of the electors; and\n(c) have access, on general terms of equality, for appointment to the\npublic service and public office.\n18 Right to liberty and security of person\n(1) Everyone has the right to liberty and security of person. In particular,\nno-one may be arbitrarily arrested or detained.\n(2) No-one may be deprived of liberty, except on the grounds and in\naccordance with the procedures established by law.\n\nPart 3 Civil and political rights\nSection 19\npage 8 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Anyone who is arrested must be told, at the time of arrest, of the\nreasons for the arrest and must be promptly told about any charges\nagainst them.\n(4) Anyone who is arrested or detained on a criminal charge—\n(a) must be promptly brought before a judge or magistrate; and\n(b) has the right to be tried within a reasonable time or released.\n(5) Anyone who is awaiting trial must not be detained in custody as a\ngeneral rule, but their release may be subject to guarantees to appear\nfor trial, at any other stage of the judicial proceeding, and, if\nappropriate, for execution of judgment.\n(6) Anyone who is deprived of liberty by arrest or detention is entitled to\napply to a court so that the court can decide, without delay, the\nlawfulness of the detention and order the person’s release if the\ndetention is not lawful.\n(7) Anyone who has been unlawfully arrested or detained has the right to\ncompensation for the arrest or detention.\n(8) No-one may be imprisoned only because of the inability to carry out\na contractual obligation.\n19 Humane treatment when deprived of liberty\n(1) Anyone deprived of liberty must be treated with humanity and with\nrespect for the inherent dignity of the human person.\n(2) An accused person must be segregated from convicted people, except\nin exceptional circumstances.\nNote An accused child must also be segregated from accused adults (see\ns 20 (1))\n(3) An accused person must be treated in a way that is appropriate for a\nperson who has not been convicted.\n\nCivil and political rights Part 3\nSection 20\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n20 Children in the criminal process\n(1) An accused child must be segregated from accused adults.\n(2) An accused child must be treated in a way that is appropriate for a\nperson of the child’s age who has not been convicted.\n(3) A child must be brought to trial as quickly as possible.\n(4) A convicted child must be treated in a way that is appropriate for a\nperson of the child’s age who has been convicted.\n21 Fair trial\n(1) Everyone has the right to have criminal charges, and rights and\nobligations recognised by law, decided by a competent, independent\nand impartial court or tribunal after a fair and public hearing.\n(2) However, the press and public may be excluded from all or part of a\ntrial—\n(a) to protect morals, public order or national security in a\ndemocratic society; or\n(b) if the interest of the private lives of the parties require the\nexclusion; or\n(c) if, and to the extent that, the exclusion is strictly necessary, in\nspecial circumstances of the case, because publicity would\notherwise prejudice the interests of justice.\n(3) But each judgment in a criminal or civil proceeding must be made\npublic unless the interest of a child requires that the judgment not be\nmade public.\n22 Rights in criminal proceedings\n(1) Everyone charged with a criminal offence has the right to be\npresumed innocent until proved guilty according to law.\n\nPart 3 Civil and political rights\nSection 22\npage 10 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Anyone charged with a criminal offence is entitled to the following\nminimum guarantees, equally with everyone else:\n(a) to be told promptly and in detail, in a language that they\nunderstand, about the nature and reason for the charge;\n(b) to have adequate time and facilities to prepare their defence and\nto communicate with lawyers or advisors chosen by them;\n(c) to be tried without delay;\n(d) to be tried in person, and to defend themselves personally, or\nthrough legal assistance chosen by them;\n(e) to be told, if they do not have legal assistance, about the right to\nlegal assistance chosen by them;\n(f) to have legal assistance provided to them, if the interests of\njustice require that the assistance be provided, and to have the\nlegal assistance provided without payment if they cannot afford\nto pay for the assistance;\n(g) to examine prosecution witnesses, or have them examined, and\nto obtain the attendance and examination of witnesses on their\nbehalf under the same conditions as prosecution witnesses;\n(h) to have the free assistance of an interpreter if they cannot\nunderstand or speak the language used in court;\n(i) not to be compelled to testify against themselves or to confess\nguilt.\n(3) A child who is charged with a criminal offence has the right to a\nprocedure that takes account of the child’s age and the desirability of\npromoting the child’s rehabilitation.\n(4) Anyone convicted of a criminal offence has the right to have the\nconviction and sentence reviewed by a higher court in accordance\nwith law.\n\nCivil and political rights Part 3\nSection 23\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n23 Compensation for wrongful conviction\n(1) This section applies if—\n(a) anyone is convicted by a final decision of a criminal offence;\nand\n(b) the person suffers punishment because of the conviction; and\n(c) the conviction is reversed, or they are pardoned, on the ground\nthat a new or newly discovered fact shows conclusively that\nthere has been a miscarriage of justice.\n(2) If this section applies, the person has the right to be compensated\naccording to law.\n(3) However, subsection (2) does not apply if it is proved that the\nnondisclosure of the unknown fact in time is completely or partly the\nperson’s own doing.\n24 Right not to be tried or punished more than once\nNo-one may be tried or punished again for an offence for which they\nhave already been finally convicted or acquitted in accordance with\nlaw.\n25 Retrospective criminal laws\n(1) No-one may be held guilty of a criminal offence because of conduct\nthat was not a criminal offence under Territory law when it was\nengaged in.\n(2) A penalty may not be imposed on anyone for a criminal offence that\nis heavier than the penalty that applied to the offence when it was\ncommitted. If the penalty for an offence is reduced after anyone\ncommits the offence, they benefit from the reduced penalty.\n\nPart 3 Civil and political rights\nSection 26\npage 12 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n26 Freedom from forced work\n(1) No-one may be held in slavery or servitude.\n(2) No-one may be made to perform forced or compulsory labour.\n(3) In subsection (2):\nforced or compulsory labour does not include—\n(a) work or service normally required of an individual who is under\ndetention because of a lawful court order, or who has been\nconditionally released from detention under a court order; or\n(b) work or service required because of an emergency or calamity\nthreatening the life or wellbeing of the community; or\n(c) work or service that forms part of normal civil obligations.\n27 Cultural and other rights of Aboriginal and Torres Strait\nIslander peoples and other minorities\n(1) Anyone who belongs to an ethnic, religious or linguistic minority\nmust not be denied the right, with other members of the minority, to\nenjoy their culture, to declare and practise their religion, or to use\ntheir language.\n(2) Aboriginal and Torres Strait Islander peoples hold distinct cultural\nrights and must not be denied the right—\n(a) to maintain, control, protect and develop their—\n(i) cultural heritage and distinctive spiritual practices,\nobservances, beliefs and teachings; and\n(ii) languages and knowledge; and\n(iii) kinship ties; and\n\nCivil and political rights Part 3\nSection 27\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) to have their material and economic relationships with the land\nand waters and other resources with which they have a\nconnection under traditional laws and customs recognised and\nvalued.\nNote The primary source of the rights in s (2) is the United Nations Declaration\non the Rights of Indigenous Peoples, art 25 and art 31.\n\nPart 3A Economic, social and cultural rights\nSection 27A\npage 14 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3A Economic, social and cultural\nrights\nNote 1 The primary sources of these rights are the International Covenant on\nEconomic, Social and Cultural Rights and the United Nations General\nAssembly, The human right to a clean, healthy and sustainable\nenvironment, A/RES/76/300 (28 July 2022).\nNote 2 Some aspects of economic, social and cultural rights are considered at\ninternational law to be subject to an obligation of progressive realisation.\nNote 3 An international law relevant to interpreting progressively realisable\nrights is Article 8 (4) of the Optional Protocol to the International\nCovenant on Economic, Social and Cultural Rights. That article provides\nfor consideration of the reasonableness of steps taken to progressively\nrealise rights and notes that a range of possible policy measures for the\nimplementation of rights may be adopted.\n27A Right to education\n(1) Every child has the right to have access to free, school education\nappropriate to their needs.\n(2) Everyone has the right to have access to further education and\nvocational and continuing training.\n(3) These rights are limited to the following immediately realisable\naspects:\n(a) everyone is entitled to enjoy these rights without discrimination;\n(b) to ensure the religious and moral education of a child in\nconformity with the convictions of the child’s parent or\nguardian, the parent or guardian may choose schooling for the\nchild (other than schooling provided by the government) that\nconforms to the minimum educational standards required under\nlaw.\n\nEconomic, social and cultural rights Part 3A\nSection 27B\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n27B Right to work and other work-related rights\n(1) Everyone has the right to work, including the right to choose their\noccupation or profession freely. The practice of a trade, occupation\nor profession may be regulated by law.\n(2) Everyone has the right to the enjoyment of just and favourable\nconditions of work.\n(3) Everyone has the right to form or join a work-related organisation,\nincluding a trade union, with the objective of promoting or protecting\ntheir economic or other social interests.\n(4) Everyone has the right to protection against acts of anti-union\ndiscrimination in relation to their employment.\n(5) Everyone is entitled to enjoy these rights without discrimination.\nExamples—discrimination\ndiscrimination because of race, colour, sex, sexual orientation, language, religion,\npolitical or other opinion, national or social origin, property, birth, disability or\nother status\nNote Section 28 sets out what must be considered in deciding whether a limit\non rights is reasonable.\n27C Right to a healthy environment\n(1) Everyone has the right to a clean, healthy and sustainable\nenvironment.\n(2) Everyone is entitled to enjoy this right without discrimination.\nNote 1 Section 28 sets out what must be considered in deciding whether a limit\non rights is reasonable.\nNote 2 Aboriginal and Torres Strait Islander peoples hold distinct cultural rights\nin relation to the land and waters and other resources (see s 27 (2) (b)).\n\nPart 3B Limits on human rights\nSection 28\npage 16 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3B Limits on human rights\n28 Human rights may be limited\n(1) Human rights may be subject only to reasonable limits set by laws\nthat can be demonstrably justified in a free and democratic society.\n(2) In deciding whether a limit is reasonable, all relevant factors must be\nconsidered, including the following:\n(a) the nature of the right affected;\n(b) the importance of the purpose of the limitation;\n(c) the nature and extent of the limitation;\n(d) the relationship between the limitation and its purpose;\n(e) any less restrictive means reasonably available to achieve the\npurpose the limitation seeks to achieve.\n\nApplication of human rights to Territory laws Part 4\nSection 29\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Application of human rights to\nTerritory laws\n29 Application of pt 4\nThis part applies to all Territory laws.\n30 Interpretation of laws and human rights\nSo far as it is possible to do so consistently with its purpose, a\nTerritory law must be interpreted in a way that is compatible with\nhuman rights.\n31 Interpretation of human rights\n(1) International law, and the judgments of foreign and international\ncourts and tribunals, relevant to a human right may be considered in\ninterpreting the human right.\n(2) In deciding whether material mentioned in subsection (1) or any other\nmaterial should be considered, and the weight to be given to the\nmaterial, the following matters must be taken into account:\n(a) the desirability of being able to rely on the ordinary meaning of\nthis Act, having regard to its purpose and its provisions read in\nthe context of the Act as a whole;\n(b) the undesirability of prolonging proceedings without\ncompensating advantage;\n(c) the accessibility of the material to the public.\nNote The matters to be taken into account under this subsection are consistent\nwith those required to be taken into account under the Legislation Act,\ns 141 (2).\n(3) For subsection (2) (c), material in the ACT legislation register is taken\nto be accessible to the public.\n\nPart 4 Application of human rights to Territory laws\nSection 32\npage 18 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n32 Declaration of incompatibility\n(1) This section applies if—\n(a) a proceeding is being heard by the Supreme Court; and\n(b) an issue arises in the proceeding about whether a Territory law\nis consistent with a human right.\n(2) If the Supreme Court is satisfied that the territory law is not consistent\nwith the human right, the court may declare that the law is not\nconsistent with the human right (the declaration of incompatibility).\n(3) The declaration of incompatibility does not affect—\n(a) the validity, operation or enforcement of the law; or\n(b) the rights or obligations of anyone.\n(4) The registrar of the Supreme Court must promptly give a copy of the\ndeclaration of incompatibility to the Attorney-General.\n33 Attorney-General’s action on receiving declaration of\nincompatibility\n(1) This section applies if the Attorney-General receives a copy of a\ndeclaration of incompatibility.\n(2) The Attorney-General must present a copy of the declaration of\nincompatibility to the Legislative Assembly within 6 sitting days after\nthe day the Attorney-General receives the copy.\n(3) The Attorney-General must prepare a written response to the\ndeclaration of incompatibility and present it to the Legislative\nAssembly not later than 6 months after the day the copy of the\ndeclaration is presented to the Legislative Assembly.\n\nApplication of human rights to Territory laws Part 4\nSection 34\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n34 Notice to Attorney-General and commission\n(1) This section applies if—\n(a) a question arises in a proceeding in the Supreme Court that\ninvolves the application of this Act; or\n(b) the Supreme Court is considering making a declaration of\nincompatibility in a proceeding.\n(2) The Supreme Court must not allow the proceeding to continue or\nmake the declaration unless the court is satisfied that—\n(a) notice of the proceeding has been given to—\n(i) the commission; and\n(ii) if the Territory is not a party to the proceeding—the\nAttorney-General; and\n(b) a reasonable period of time has passed since the giving of the\nnotice for the commission and, if required, the Attorney-General\nto decide whether to intervene in the proceeding.\n(3) For subsection (2), the Supreme Court may—\n(a) direct a party to give notice of the proceeding to the commission\nand, if required, the Attorney-General; and\n(b) continue to hear evidence and argument concerning matters\nseverable from any matter involving the application of this Act.\n(4) Subsection (2) does not prevent the Supreme Court from hearing and\ndeciding a proceeding, to the extent that the proceeding relates to the\ngrant of urgent relief of an interlocutory nature, if the court considers\nit necessary in the interests of justice.\n35 Attorney-General’s right to intervene on human rights\nThe Attorney-General may intervene in a proceeding before a court\nthat involves the application of this Act.\n\nPart 4 Application of human rights to Territory laws\nSection 36\npage 20 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n36 Human rights commissioner may intervene\n(1) The human rights commissioner may intervene in a proceeding before\na court that involves the application of this Act with the leave of the\ncourt.\n(2) The court may give leave subject to conditions.\n\nScrutiny of proposed Territory laws Part 5\nSection 37\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Scrutiny of proposed Territory\nlaws\n37 Attorney-General’s statement on government bills\n(1) This section applies to each bill presented to the Legislative\nAssembly by a Minister.\n(2) The Attorney-General must prepare a written statement\n(the compatibility statement) about the bill for presentation to the\nLegislative Assembly.\n(3) The compatibility statement must state—\n(a) whether, in the Attorney-General’s opinion, the bill is consistent\nwith human rights; and\n(b) if it is not consistent, how it is not consistent with human rights.\n38 Consideration of legislation by relevant Assembly\ncommittee\n(1) The relevant Assembly committee must report to the Legislative\nAssembly about human rights issues raised by bills and subordinate\nlaws presented to the Assembly.\n(2) In this section:\nrelevant Assembly committee means a standing committee of the\nLegislative Assembly nominated, in writing, by the Speaker for\nsubsection (1).\n39 Noncompliance with s 37 and s 38\nA failure to comply with section 37 or section 38 in relation to a bill\ndoes not affect the validity, operation or enforcement of any Territory\nlaw.\n\nPart 5A Obligations of public authorities\nSection 40\npage 22 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5A Obligations of public authorities\n40 Meaning of public authority\n(1) Each of the following is a public authority:\n(a) an administrative unit;\n(b) a territory authority;\n(c) a territory instrumentality;\n(d) a Minister;\n(e) a police officer, when exercising a function under a Territory\nlaw;\n(f) a public employee;\n(g) an entity whose functions are or include functions of a public\nnature, when it is exercising those functions for the Territory or\na public authority (whether under contract or otherwise).\nNote A reference to an entity includes a reference to a person exercising a\nfunction of the entity, whether under a delegation, subdelegation or\notherwise (see Legislation Act, s 184A (1)).\n(2) However, public authority does not include—\n(a) the Legislative Assembly, except when acting in an\nadministrative capacity; or\n(b) a court, except when acting in an administrative capacity.\n\nObligations of public authorities Part 5A\nSection 40A\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n40A Meaning of function of a public nature\n(1) In deciding whether a function of an entity is a function of a public\nnature, the following matters may be considered:\n(a) whether the function is conferred on the entity under a territory\nlaw;\n(b) whether the function is connected to or generally identified with\nfunctions of government;\n(c) whether the function is of a regulatory nature;\n(d) whether the entity is publicly funded to perform the function;\n(e) whether the entity performing the function is a company (within\nthe meaning of the Corporations Act) the majority of the shares\nin which are held by or for the Territory.\n(2) Subsection (1) does not limit the matters that may be considered in\ndeciding whether a function is of a public nature.\n(3) Without limiting subsection (1) or (2), the following functions are\ntaken to be of a public nature:\n(a) the operation of detention places and correctional centres;\n(b) the provision of any of the following services:\n(i) gas, electricity and water supply;\n(ii) emergency services;\n(iii) public health services;\n(iv) public education;\n(v) public transport;\n(vi) public housing.\n\nPart 5A Obligations of public authorities\nSection 40B\npage 24 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n40B Public authorities must act consistently with human\nrights\n(1) It is unlawful for a public authority—\n(a) to act in a way that is incompatible with a human right; or\n(b) in making a decision, to fail to give proper consideration to a\nrelevant human right.\nNote A person who is or would be aggrieved by an act by a public authority,\nother than a public authority mentioned in section 40 (1) (e), they believe\nto be in contravention of this section may make a human rights complaint\nabout the public authority to the commission under the Human Rights\nCommission Act 2005, section 41D.\n(2) Subsection (1) does not apply if the act is done or decision made\nunder a law in force in the Territory and—\n(a) the law expressly requires the act to be done or decision made\nin a particular way and that way is inconsistent with a human\nright; or\n(b) the law cannot be interpreted in a way that is consistent with a\nhuman right.\nNote A law in force in the Territory includes a Territory law and a\nCommonwealth law.\n(3) In this section:\npublic authority includes an entity for whom a declaration is in force\nunder section 40D.\n40C Legal proceedings in relation to public authority actions\n(1) This section applies if a person—\n(a) claims that a public authority has acted in contravention of\nsection 40B; and\n(b) alleges that the person is or would be a victim of the\ncontravention.\n\nObligations of public authorities Part 5A\nSection 40C\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The person may—\n(a) start a proceeding in the Supreme Court against the public\nauthority; or\n(b) rely on the person’s rights under this Act in other legal\nproceedings.\n(3) A proceeding under subsection (2) (a) must be started not later than\n1 year after the day (or last day) the act complained of happens, unless\nthe court orders otherwise.\n(4) Without limiting subsection (3), the court may order that a proceeding\nunder subsection (2) (a) be started after the period stated in\nsubsection (3) if—\n(a) the person making the claim has made a human rights complaint\nto the commission under the Human Rights Commission\nAct 2005, section 41D about the act within the period stated in\nsubsection (3); and\n(b) it is unreasonable in the circumstances for the period to apply to\nthe proceeding.\n(5) The respondent to a proceeding started under subsection (2) (a) is—\n(a) if the public authority is a public authority mentioned in\nsection 40 (1) (a) to (e) or (g)—the public authority; or\n(b) if the public authority is a public employee who is a statutory\noffice-holder—the statutory office-holder; or\n(c) if the public authority is any other public employee—the\nTerritory; or\n(d) if the public authority is an entity for whom a declaration is in\nforce under section 40D—the entity.\n(6) The Supreme Court may, in a proceeding under subsection (2), grant\nthe relief it considers appropriate except damages.\n\nPart 5A Obligations of public authorities\nSection 40C\npage 26 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(7) This section does not affect—\n(a) a right a person has (otherwise than because of this Act) to seek\nrelief in relation to an act or decision of a public authority; or\n(b) a right a person has to damages (apart from this section).\nNote See also s 18 (7) and s 23.\n(8) This section does not apply to a claim that a public authority has acted\nin contravention of section 40B if the contravention claimed is—\n(a) that the public authority acted in a way that is incompatible with\nthe human right set out in section 27C (Right to a healthy\nenvironment); or\n(b) in making a decision, the public authority failed to give proper\nconsideration to the human right set out in section 27C.\n(9) To remove any doubt, subsection (8) does not prevent a person\nmaking a claim in relation to another human right, even if the subject\nmatter of the claim or part of the claim is the same, similar or related\nto the subject matter of a claim to which subsection (8) applies.\nExample\nA person may claim a public authority acted in a way that is incompatible with the\nhuman right set out in s 9 (Right to life) and the subject matter of the claim may\ninclude an exposure of the person to an environmental risk to their health that is life\nthreatening.\n(10) Subsections (8), (9) and this subsection expire on 1 October 2028.\n(11) In this section:\npublic authority includes an entity for whom a declaration is in force\nunder section 40D.\n\nObligations of public authorities Part 5A\nSection 40D\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n40D Other entities may choose to be subject to obligations of\npublic authorities\n(1) An entity that is not a public authority under section 40 may ask the\nMinister, in writing, to declare that the entity is subject to the\nobligations of a public authority under this part.\n(2) On request under subsection (1), the Minister must make the\ndeclaration.\n(3) The Minister may revoke the declaration only if the entity asks the\nMinister, in writing, to revoke it.\n(4) A declaration under this section is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n\nPart 6 Miscellaneous\nSection 41\npage 28 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Miscellaneous\n41 Review of effect of territory laws on human rights\n(1) The commission has the following functions:\n(a) review the effect of territory laws, including the common law,\non human rights;\n(b) report in writing to the Minister on the results of the review.\n(2) The Minister must present a copy of a report mentioned in subsection\n(1) to the Legislative Assembly within 6 sitting days after the day the\nMinister receives the report.\n(3) However, the Minister may amend the report (including by omitting\npart of the report) before presenting it to the Legislative Assembly to\nprevent the report—\n(a) disclosing the identity of—\n(i) a person whose human rights have, or may have been,\ncontravened; or\n(ii) someone who may have contravened someone else’s\nrights; or\n(b) allowing the identity of someone mentioned in paragraph (a) to\nbe worked out; or\n(c) disclosing information if the disclosure of the information could,\nin the Minister’s opinion, harm the public interest.\n(4) If the Minister amends the report, the Minister must present a\nstatement to the Legislative Assembly with the report that tells the\nAssembly that the report has been amended.\n\nMiscellaneous Part 6\nSection 42\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n42 Regulation-making power\nThe Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n43 Review of amendments made by Human Rights (Healthy\nEnvironment) Amendment Act 2024\n(1) The Minister must review the operation of the amendments to this\nAct made by the Human Rights (Healthy Environment) Amendment\nAct 2024.\n(2) In undertaking the review, the Minister must—\n(a) consider the categorisation of the human right set out in\nsection 27C as an economic, social and cultural right; and\n(b) evaluate the prohibition under section 40C (8) on a person\nstarting a proceeding or relying on their rights in relation to a\nclaim that a public authority has acted in contravention of\nsection 40B if the contravention claimed is—\n(i) that the public authority acted in a way that is incompatible\nwith the human right set out in section 27C; or\n(ii) in making a decision, the public authority failed to give\nproper consideration to the human right set out in\nsection 27C; and\n(c) despite section 40C (10)—consider whether the prohibition\nunder section 40C (8) remains appropriate.\n(3) The Minister must—\n(a) begin the review not later than 1 October 2027; and\n(b) present a report of the review to the Legislative Assembly as\nsoon as practicable after the report is completed.\n(4) This section expires on 1 October 2028.\n\nPart 6 Miscellaneous\nSection 43\npage 30 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) In this section:\npublic authority—see section 40C (11).\n\nICCPR source of human rights Schedule 1\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 ICCPR source of human rights\n(see pt 3)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndescription\ncolumn 4\nICCPR article\n1 8 (1) right to recognition as person 16\n2 8 (2) right to enjoy rights without\ndistinction etc\n2 (1)\n3 8 (3) equality before law and equal\nprotection\n26\n4 9 (1) right to life 6 (1)\n5 10 protection from torture and cruel,\ninhuman or degrading treatment etc\n7\n6 11 (1) protection of family 23 (1)\n7 11 (2) protection of children 24 (1)\n8 12 privacy and reputation 17 (1)\n9 13 freedom of movement 12 (1)\n10 14 (1) freedom of thought, conscience and\nreligion\n18 (1), (3)\n11 14 (2) no coercion to limit religious\nfreedom\n18 (2), (3)\n12 15 (1) peaceful assembly 21\n13 15 (2) freedom of association 22\n14 16 (1) right to hold opinions 19 (1)\n15 16 (2) freedom of expression 19 (2), (3)\n16 17 taking part in public life 25\n17 18 (1)-(7) right to liberty and security of\nperson\n9\n18 18 (8) no imprisonment for contractual\nobligations\n11\n\nSchedule 1 ICCPR source of human rights\npage 32 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndescription\ncolumn 4\nICCPR article\n19 19 humane treatment when deprived of\nliberty\n10 (1), (2) (a)\n20 20 children in the criminal process 10 (2) (b), (3)\n21 21 fair trial 14 (1)\n22 22 (1) rights in criminal proceedings 14 (2)\n23 22 (2) minimum guarantees for those\ncharged\n14 (3)\n24 22 (3) rights of child charged 14 (4)\n25 22 (4) right of review 14 (5)\n26 23 compensation for wrongful\nconviction\n14 (6)\n27 24 right not to be tried or punished\nmore than once\n14 (7)\n28 25 retrospective criminal laws 15 (1)\n29 26 freedom from forced work 8 (1), (2), (3) (a), (3)\n(c)\n30 27 (1) rights of minorities 27\n31 27 (2) cultural rights of Aboriginal and\nTorres Strait Islander peoples\nNote The primary source of the rights in s 27 (2) is the United Nations Declaration on the\nRights of Indigenous Peoples, art 25 and art 31.\n\nICESCR source of human rights Schedule 2\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 2 ICESCR source of human\nrights\n(see pt 3A)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndescription\ncolumn 4\nICESCR article\n1 27A right to education 13\n2 27B right to work and other\nwork-related rights\n2 (2), 6 (1), 7, 8\nNote 1 The primary source of the right in s 27B (4) is the International Labour Organisation\nRight to Organise and Collective Bargaining Convention, art 1.\nNote 2 The primary source of the right in s 27C is the United Nations General Assembly, The\nhuman right to a clean, healthy and sustainable environment, A/RES/76/300 (28 July\n2022).\n\nDictionary\npage 34 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions\nrelevant to this Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following\nterms:\n• Act (see s 7)\n• emergency service\n• entity\n• foreign country\n• individual\n• may (see s 146)\n• Minister (see s 162)\n• proceeding\n• public employee\n• public service\n• statutory instrument (see s 13).\nact, for part 5A (Obligations of public authorities), includes fail\nto act and propose to act.\ncommission means the human rights commission.\nconduct includes omission.\ncourt includes the following:\n(a) the ACAT;\n(b) an entity prescribed by regulation.\ndeclaration of incompatibility—see section 32.\nengage in conduct means—\n(a) do an act; or\n(b) omit to do an act.\n\nDictionary\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nfunction of a public nature—see section 40A.\nhuman rights—see section 5.\nICCPR means the International Covenant on Civil and Political\nRights.\nICESCR means the International Covenant on Economic, Social\nand Cultural Rights.\ninternational law includes—\n(a) the International Covenant on Civil and Political Rights and\nother human rights treaties to which Australia is a party; and\n(b) general comments and views of the United Nations human\nrights treaty monitoring bodies; and\n(c) declarations and standards adopted by the United Nations\nGeneral Assembly that are relevant to human rights.\npublic authority—see section 40.\nTerritory law means an Act or statutory instrument.\n\nEndnotes\n1 About the endnotes\npage 36 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nHuman Rights Act 2004 A2004-5\nnotified LR 10 March 2004\ns 1, s 2 commenced 10 March 2004 (LA s 75 (1))\nremainder commenced 1 July 2004 (s 2)\nas amended by\nHuman Rights Commission Legislation Amendment Act 2005\nA2005-41 sch 1 pt 1.7 (as am by A2006-3 amdt 1.3)\nnotified LR 1 September 2005\ns 1, s 2 commenced 1 September 2005 (LA s 75 (1))\nsch 1 pt 1.7 commenced 1 November 2006 (s 2 (3) (as am by A2006-3\namdt 1.3) and see Human Rights Commission Act 2005 A2005-40, s 2\n(as am by A2006-3 s 4) and CN2006-21)\nHuman Rights Commission Legislation Amendment Act 2006\nA2006-3 amdt 1.3\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\namdt 1.3 commenced 23 February 2006 (s 2)\nNote This Act only amends the Human Rights Commission\nLegislation Amendment Act 2005 A2005-41\nHuman Rights Amendment Act 2008 A2008-3\nnotified LR 17 March 2008\ns 1, s 2 commenced 17 March 2008 (LA s 75 (1))\nss 7-9 commenced 1 January 2009 (s 2 (1))\nremainder commenced 18 March 2008 (s 2 (2))\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.30\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.30 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nHuman Rights Amendment Act 2012 A2012-41\nnotified LR 29 August 2012\ns 1, s 2 commenced 29 August 2012 (LA s 75 (1)\nremainder commenced 1 January 2013 (s 2)\n\nEndnotes\n3 Legislation history\npage 38 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nHuman Rights Amendment Act 2016 A2016-5\nnotified LR 25 February 2016\ns 1, s 2 commenced 25 February 2016 (LA s 75 (1))\nremainder commenced 26 February 2016 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.36\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.36 commenced 1 September 2016 (s 2)\nJustice and Community Safety Legislation Amendment Act 2017\nA2017-5 sch 1 pt 1.4\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 1 pt 1.4 commenced 2 March 2017 (s 2 (3))\nHuman Rights (Workers Rights) Amendment Act 2020 A2020-13\nnotified LR 13 May 2020\ns 1, s 2 commenced 13 May 2020 (LA s 75 (1))\nremainder commenced 14 May 2020 (s 2)\nLegislation (Legislative Assembly Committees) Amendment Act 2022\nA2022-4 sch 1 pt 1.12\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\nsch 1 pt 1.12 commenced 6 April 2022 (s 2)\nHuman Rights (Complaints) Legislation Amendment Act 2023\nA2023-53 pt 2, sch 1\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\nss 4-7, s 9, sch 1 commenced 12 December 2023 (s 2 (1))\npt 2 remainder commenced 11 June 2024 (s 2 (2) and LA s 79)\nHuman Rights (Healthy Environment) Amendment Act 2024 A2024-43\nnotified LR 17 September 2024\ns 1, s 2 commenced 17 September 2024 (LA s 75 (1))\nremainder commenced 17 March 2025 (s 2 and LA s 79)\n\nEndnotes\nLegislation history 3\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJustice and Community Safety Legislation Amendment Act 2024\nA2024-49 pt 8\nnotified LR 17 September 2024\ns 1, s 2 taken to have commenced 11 June 2024 (LA s 75 (2))\npt 8 taken to have commenced 11 June 2024 (s 2 (1) and see Human\nRights (Complaints) Legislation Amendment Act 2023 A2023-53,\ns 2 (2))\n\nEndnotes\n4 Amendment history\npage 40 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nPreamble\npreamble am A2016-5 s 4\nCommencement\ns 2 om LA s 89 (4)\nWhat are human rights?\ns 5 sub A2012-41 s 4\nRights apart from Act\ns 7 ins A2012-41 s 5\nRecognition and equality before the law\ns 8 am A2023-53 amdt 1.1\nProtection from torture and cruel, inhuman or degrading treatment etc\ns 10 am A2023-53 amdt 1.1\nProtection of the family and children\ns 11 am A2016-5 s 5\nPrivacy and reputation\ns 12 am A2023-53 amdt 1.1\nFreedom of movement\ns 13 am A2023-53 amdt 1.1\nFreedom of thought, conscience, religion and belief\ns 14 am A2023-53 amdt 1.1\nFreedom of expression\ns 16 am A2023-53 amdt 1.2\nRight to liberty and security of person\ns 18 am A2023-53 amdt 1.2, amdt 1.3\nRights in criminal proceedings\ns 22 am A2023-53 amdt 1.4\nCompensation for wrongful conviction\ns 23 am A2023-53 amdt 1.5\nRight not to be tried or punished more than once\ns 24 am A2023-53 amdt 1.6\nRetrospective criminal laws\ns 25 am A2023-53 amdt 1.7\nCultural and other rights of Aboriginal and Torres Strait Islander peoples and\nother minorities\ns 27 hdg sub A2016-5 s 6\ns 27 am A2016-5 s 7; A2023-53 amdt 1.8\n\nEndnotes\nAmendment history 4\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEconomic, social and cultural rights\npt 3A hdg ins A2012-41 s 6\npt 3A hdg note sub A2024-43 s 4\nRight to education\ns 27A ins A2012-41 s 6\nam A2023-53 amdt 1.8\nRight to work and other work-related rights\ns 27B ins A2020-13 s 4\nam A2024-43 s 5\nRight to a healthy environment\ns 27C ins A2024-43 s 6\nLimits on human rights\npt 3B hdg ins A2012-41 s 6\nHuman rights may be limited\ns 28 am A2008-3 s 4; A2012-41 s 7\nInterpretation of laws and human rights\ns 30 sub A2008-3 s 5\nNotice to Attorney-General and commission\ns 34 hdg sub A2005-41 amdt 1.101\ns 34 am A2005-41 amdts 1.102-1.104\nsub A2008-3 s 6\nam A2023-53 s 4, s 5\nConsideration of legislation by relevant Assembly committee\ns 38 hdg sub A2023-53 s 6\ns 38 sub A2022-4 amdt 1.41\nam A2023-53 s 7\nObligations of public authorities\npt 5A hdg ins A2008-3 s 7\nMeaning of public authority\ns 40 om A2005-41 amdt 1.105\nins A2008-3 s 7\nMeaning of function of a public nature\ns 40A ins A2008-3 s 7\nPublic authorities must act consistently with human rights\ns 40B ins A2008-3 s 7; A2012-41 s 8\nam A2016-5 s 8; A2023-53 s 8; A2024-49 s 17\n\nEndnotes\n4 Amendment history\npage 42 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegal proceedings in relation to public authority actions\ns 40C ins A2008-3 s 7\nam A2023-53 s 9; ss renum R15 LA; A2023-53 s 10; ss renum\nR16 LA; A2024-43 s 7, s 8; ss renum R17 LA\ns (8)-(10) exp 1 October 2028 (s 40C (10))\nOther entities may choose to be subject to obligations of public authorities\ns 40D ins A2008-3 s 7\nMiscellaneous\npt 6 hdg orig pt 6 hdg om A2005-41 amdt 1.105\n(prev pt 7 hdg) renum A2005-41 amdt 1.107\nMiscellaneous\npt 7 hdg renum as pt 6 hdg\nReview of effect of territory laws on human rights\ns 41 om A2005-41 amdt 1.105\nins A2005-41 amdt 1.106\nam A2017-5 amdt 1.9, amdt 1.10\nReview of amendments made by Human Rights (Healthy Environment)\nAmendment Act 2024\ns 43 exp 1 January 2007 (s 43 (3))\nins A2012-41 s 9\nexp 1 January 2016 (s 43 (3))\nins A2024-43 s 9\nexp 1 October 2028 (s 43 (4))\nReview of Act\ns 44 exp 1 January 2010 (s 44 (2))\nLegislation amended—sch 2\ns 45 om LA s 89 (3)\nICCPR source of human rights\nsch 1 am A2016-5 s 9\nICESCR source of human rights\nsch 2 om LA s 89 (3)\nins A2012-41 s 10\nam A2020-13 s 5; A2024-43 s 10\nDictionary\ndict am A2008-3 s 8; A2016-52 amdt 1.102; A2017-5 amdt 1.11\ndef act ins A2008-3 s 9\ndef commission ins A2005-41 amdt 1.108\ndef court sub A2008-36 amdt 1.351\ndef ICESCR ins A2012-41 s 11\n\nEndnotes\nAmendment history 4\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef function of a public nature ins A2008-3 s 9\ndef human rights commissioner om A2005-41 amdt 1.109\ndef public authority ins A2008-3 s 9\n\nEndnotes\n5 Earlier republications\npage 44 Human Rights Act 2004\nEffective: 17/03/25\nR17\n17/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 July 2004\n1 July 2004–\n31 October 2006\nnot amended new Act\nR2\n1 Nov 2006\n1 Nov 2006–\n1 Jan 2007\nA2006-3 amendments by\nA2005-41 as\namended by\nA2006-3\nR3\n2 Jan 2007\n2 Jan 2007–\n17 Mar 2008\nA2006-3 commenced expiry\nR4\n18 Mar 2008\n18 Mar 2008–\n31 Dec 2008\nA2008-3 amendments by\nA2008-3\nR5\n1 Jan 2009\n1 Jan 2009–\n1 Feb 2009\nA2008-36 amendments by\nA2008-3\nR6\n2 Feb 2009\n2 Feb 2009–\n1 Jan 2010\nA2008-36 amendments by\nA2008-36\nR7*\n2 Jan 2010\n2 Jan 2010–\n31 Dec 2012\nA2008-36 commenced expiry\nR8*\n1 Jan 2013\n1 Jan 2013–\n1 Jan 2016\nA2012-41 amendments by\nA2012-41\nR9\n2 Jan 2016\n2 Jan 2016–\n25 Feb 2016\nA2012-41 expiry of provision\n(s 43)\nR10\n26 Feb 2016\n26 Feb 2016–\n31 Aug 2016\nA2016-5 amendments by\nA2016-5\nR11\n1 Sept 2016\n1 Sept 2016–\n1 Mar 2017\nA2016-52 amendments by\nA2016-52\n\nEndnotes\nEarlier republications 5\nR17\n17/03/25\nHuman Rights Act 2004\nEffective: 17/03/25\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR12\n2 Mar 2017\n2 Mar 2017–\n13 May 2020\nA2017-5 amendments by\nA2017-5\nR13\n14 May 2020\n14 May 2020–\n5 Apr 2022\nA2020-13 amendments by\nA2020-13\nR14\n6 Apr 2022\n6 Apr 2022–\n11 Dec 2023\nA2022-4 amendments by\nA2022-4\nR15\n12 Dec 2023\n12 Dec 2023–\n10 June 2024\nA2023-53 amendments by\nA2023-53\nR16\n11 June 2024\n11 June 2024–\n16 Mar 2025\nA2023-53 amendments by\nA2023-53\nR16 (RI)\n17 Sept 2024\n11 June 2024–\n16 Mar 2025\nA2023-53 reissued for\nretrospective\namendments by\nA2024-49\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":19,"completionTokens":3620},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly beyond its original 2004 purpose as a legislative scrutiny and interpretive tool focused on civil and political rights. It now includes directly enforceable obligations on public authorities (Part 5A, added 2008), economic and social rights such as education and work (Part 3A, added 2012 and 2020), a right to a healthy environment (added 2024), and enhanced Aboriginal and Torres Strait Islander cultural rights. It has evolved from a dialogue-model scrutiny statute into a broader, justiciable charter of rights."},"complexity_factors":["Incorporation by reference to multiple international treaties (ICCPR, ICESCR, UN Declaration on the Rights of Indigenous Peoples) requiring external interpretive materials","Temporary exemption and sunset provisions for the right to a healthy environment, preventing direct legal proceedings until 1 October 2028 (s 40C(8)-(10))","Nested exceptions to public authority obligations where another law expressly requires action inconsistent with human rights (s 40B(2))","Multi-layered 'dialogue model' mechanisms combining interpretive obligations, declarations of incompatibility, legislative scrutiny statements, and direct public authority court proceedings","Progressive realisation framework for economic, social and cultural rights (Part 3A), which are not immediately fully realisable","Approximately 20 defined terms and signpost definitions that interact with definitions in the Legislation Act 2001"],"plain_english_summary":"The *Human Rights Act 2004* (ACT) is the Australian Capital Territory’s charter of rights. It sets out the fundamental rights and freedoms of every individual in the ACT and creates legal rules to ensure the ACT Government, its agencies, and its laws respect those rights.\n\n**What rights are protected?**\nThe Act protects two broad categories of rights:\n- **Civil and political rights** — including the right to life, freedom from torture and cruel treatment, protection of privacy and family, freedom of movement, thought, conscience, religion, expression and peaceful assembly, and the right to a fair trial and liberty.\n- **Economic, social and cultural rights** — including the right to education, the right to work and fair working conditions, and the right to a clean, healthy and sustainable environment.\n\nThe Act also recognises the distinct cultural rights of Aboriginal and Torres Strait Islander peoples, including the right to maintain culture, language, kinship and connection to country.\n\n**How are rights protected?**\n- **Reading the law:** All ACT laws must be interpreted in a way that is compatible with human rights, so far as it is possible.\n- **New laws:** Before new government bills are passed, the Attorney-General must publish a statement saying whether the bill is consistent with human rights.\n- **Government bodies:** \"Public authorities\" (government departments, ministers, police, public employees, and private entities performing public functions) must not act incompatibly with human rights and must properly consider human rights when making decisions. A person who is affected can take legal action in the Supreme Court.\n- **If a law breaches rights:** The Supreme Court can issue a **declaration of incompatibility**. This does not invalidate the law or stop it being enforced, but it triggers a formal response from the Attorney-General to the Legislative Assembly within six months.\n- **Limits:** Rights are not absolute. They may be limited by laws, but only if the limitation is **reasonable** and can be **demonstrably justified in a free and democratic society**.\n\n**Important note on the environment right**\nA 2024 amendment added the right to a healthy environment. However, until October 2028 (subject to review), people cannot start direct court proceedings against a public authority based only on a breach of that specific environmental right. Other related rights — such as the right to life — can still be used.\n\n**Who does this affect?**\nThe rights belong to all **individuals** in the ACT. The obligations primarily bind ACT public authorities, not private citizens."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s scope has expanded since its original framing. It now expressly includes economic, social and cultural rights (Part 3A, s 27A–27B) and an express right to a healthy environment (s 27C). It imposes statutory obligations on public authorities to act consistently with human rights (pt 5A; s 40B), provides an enforcement route against public authorities (s 40C), and allows the Minister to declare non‑public entities subject to public‑authority obligations (s 40D). The Act also creates procedural obligations for executive and parliamentary actors (Attorney‑General compatibility statements, s 37; committee reporting, s 38) and builds in a review requirement for the environmental amendments (s 43). Several of these changes were enacted by later amendment acts referenced in the Act’s amendment history and are reflected in the current sections cited above."},"complexity_factors":["Breadth and variety of rights across civil/political and economic/social/cultural categories (Part 3; Part 3A; s 27C).","Interpretive obligation on Territory laws to be compatible with rights, plus allowance to consider international law and foreign judgments (s 30–31).","Court power to declare incompatibility that does not invalidate laws, with mandatory notification to Attorney‑General and parliamentary reporting (s 32–33).","Statutory duties on a wide class of public authorities and a test for what counts as a public function (s 40, s 40A).","Private enforcement route against public authorities with time limits, scope limits (no damages), and a specific exclusion for the environmental right until a specified date (s 40C(3)–(11)).","Ministerial discretion to declare non‑public entities subject to public‑authority obligations (s 40D) and rules for revocation.","Procedural requirements for law‑making: Attorney‑General compatibility statements and committee scrutiny, but non‑compliance does not affect validity (s 37–39).","Cross‑referencing and phased amendments (e.g. review obligations about the healthy environment amendments s 43) and temporary expiry provisions that add transitional complexity.","Multiple actors with intervention rights (Attorney‑General and Human Rights Commissioner) and notice requirements to courts before certain proceedings (s 34–36).","Remedial structure that limits monetary compensation in public‑authority enforcement (s 40C(6)) but preserves other relief, complicating risk assessment."],"plain_english_summary":"What this law does, mechanically\n\n- The Act lists a set of human rights and says who holds them: only individuals (s 5–6). It groups rights into civil and political rights (Part 3) and economic, social and cultural rights (Part 3A) and identifies a new right to a healthy environment (s 27C).\n- The Act requires Territory laws to be read, so far as possible, in a way compatible with those rights (s 30). Courts may consider relevant international law and foreign judgments when interpreting rights (s 31).\n- If the Supreme Court finds a Territory law inconsistent with a human right, it may issue a declaration of incompatibility; that declaration does not invalidate the law but must be given to the Attorney‑General (s 32–33). The Attorney‑General must present the declaration to the Legislative Assembly and respond in writing (s 33).\n- The Act creates duties for public authorities (a defined list of entities and functions) to act consistently with human rights and to give proper consideration to relevant rights when making decisions (s 40, s 40B). There are limited exceptions where another law expressly requires an act or cannot be read compatibly (s 40B(2)).\n- Individuals who claim a public authority breached the public‑authority duty may start proceedings in the Supreme Court or rely on these rights in other proceedings (s 40C). The Court may grant appropriate relief other than damages (s 40C(6)). There are time limits and procedural rules for these proceedings (s 40C(3)–(5)).\n- The Attorney‑General must prepare a human‑rights compatibility statement for government bills and present it with the bill (s 37). A relevant Assembly committee must report on human rights issues in bills and subordinate laws (s 38). Non‑compliance with these scrutiny steps does not affect a law’s validity (s 39).\n- The Human Rights Commission reviews the effect of Territory laws on human rights and reports to the Minister; the Minister presents the report to the Assembly (s 41). The Act also allows regulations and gives the Executive power to make them (s 42).\n\nWhy the law says it matters (official purpose‑claims)\n\n- The Act states it sets out rights so individuals know them and so human rights can be taken into account in making and interpreting laws (preamble, paras 3–4). It also records that most rights can be subject to reasonable, demonstrably justified limits (preamble, s 28).\n\nTesting those purpose‑claims against mechanics, incentives and trade‑offs\n\n- Who pays and who decides: compliance costs are borne primarily by Territory institutions and entities that perform public functions (the Territory, Ministers, administrative units, public employees and entities exercising public functions) which must give proper consideration to rights when making decisions (s 40, s 40A, s 40B). Courts decide on compatibility and may make declarations (s 32). The Attorney‑General is the central executive actor for parliamentary notice and response (s 33, s 37).\n- Compliance burden and operational effects: public authorities must embed human‑rights consideration into decision‑making processes (s 40B). That creates administrative tasks — training, legal advice, record‑keeping and potential procedural delays — because acts incompatible with rights can be challenged in court (s 40C).\n- Legal remedy structure and incentives: a person can litigate alleged breaches by public authorities, but the Supreme Court cannot award damages under s 40C(6) (court may grant ‘‘appropriate relief except damages’’). That shapes remedies toward declarations, injunctions or other non‑monetary relief and reduces direct fiscal exposure for respondents while preserving judicial oversight (s 40C(6)–(7)).\n- Limits, discretion and uncertainty: rights are subject to the ‘‘reasonable limits’’ test and a statutory list of factors to assess proportionality (s 28). The Act also allows declarations by the Minister that an entity is subject to public‑authority duties (s 40D), which is an instrument of discretion that can extend obligations to non‑government entities performing public functions.\n- Specific trade‑offs introduced by recent amendments: the Act recognises the right to a healthy environment (s 27C) but places a temporary bar on using the public‑authority enforcement route for that right (s 40C(8)–(10)) until specified expiry dates; the Minister must review those amendments (s 43). That creates a phased enforcement regime and introduces an explicit policy review requirement (s 43).\n\nConcentrated benefits, diffuse costs and implementation risk\n\n- Benefits are concentrated at individuals whose rights have been infringed; compliance costs and administrative burdens fall on public authorities and on entities performing public functions (s 40, s 40A). The duty to interpret laws compatibly (s 30) and the option for courts to make declarations (s 32) create legal‑interpretation risk for the Territory’s statutory schemes. The requirement for AG compatibility statements (s 37) inserts an extra stage into the legislative workflow for government bills.\n\nNet effect, mechanically\n\n- The Act establishes a legal framework that defines a set of rights, requires Territory laws and public authorities to take those rights into account, provides for judicial and parliamentary oversight (declarations, AG statements, committee reports), and creates a private enforcement path against public authorities with defined limits and remedies (s 5–7, Pt 3, Pt 3A, s 30, s 32, s 37, s 40B–40C)."}},"importantCases":[],"_links":{"self":"/api/acts/human-rights-act-2004","history":"/api/acts/human-rights-act-2004/history","analysis":"/api/acts/human-rights-act-2004/analysis","conflicts":"/api/acts/human-rights-act-2004/conflicts","importantCases":"/api/acts/human-rights-act-2004/important-cases","documents":"/api/acts/human-rights-act-2004/documents"}}