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Court Procedures Rules
6020Terms used in Human Rights Act 2004
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6020 Terms used in Human Rights Act 2004
A term used in the Human Rights Act 2004 has the same meaning in
Note For example, the following terms are defined in the Human Rights
Act 2004, dictionary:
• commission
• court
• declaration of incompatibility (see s 32)
• function of public nature (see s 40A)
• human rights (see s 5)
• ICCPR
• international law
• public authority (see s 40).
6021 Application—pt 6.2A
This part applies to a proceeding in the Supreme Court.
Division 6.2A.1A Pleadings and originating processes
6022 Contents of pleadings or originating processes
(1) This rule applies if a party to a proceeding relies on the Human Rights
Act 2004 for relief.
(2) The party’s pleading or originating application must state—
(a) the human right that the party relies on, including—
(i) the relevant content of the right; and
(ii) any particular aspect of the right that the party relies on;
and
Human rights proceedings Part 6.2A
Notice to Attorney-General and commission Division 6.2A.2
Rule 6030
(b) the facts on which the party relies to assert that the Human
Rights Act 2004 applies to the proceeding; and
(c) if the Human Rights Act 2004, section 40C applies in the
(i) the human right the party alleges was breached in
contravention of that Act, section 40B; and
(ii) the details of the alleged breach; and
(d) the relief sought.
(3) The requirements of this rule are additional to the requirements of—
(a) for a proceeding started, or ordered to be continued as if started,
by an originating claim—division 2.2.2 (Originating claims);
and
(b) for a proceeding started, or ordered to be continued as if started,
by an originating application—division 2.2.3 (Originating
Division 6.2A.2 Notice to Attorney-General and
commission