ACTIn ForceRegulation
Court Procedures Rules
6040Human rights commissioner—application for leave to
Start here
Get a plain-English read of 6040
Turn the raw legal text into a practical explanation grounded in Court Procedures Rules.
6040 Human rights commissioner—application for leave to
intervene
(1) This rule applies if the human rights commissioner wishes to
intervene in a proceeding under the Human Rights Act 2004,
section 36.
Note Under the Human Rights Act 2004, s 36, the human rights commissioner
may intervene in a proceeding before a court that involves the application
of that Act with the leave of the court.
(2) The human rights commissioner must file in the court an application
for leave to intervene.
Note See approved form 6.33 (Application for leave to intervene)
AF2024-53.
(3) The application must be supported by an affidavit setting out the
reasons why leave should be given.
(4) As soon as practicable after the application is filed, a copy of the
application and the supporting affidavit must be served on—
(a) the Attorney-General; and
(b) each active party to the proceeding.
(5) If the court gives the commissioner leave to intervene, the
commissioner must—
(a) file a notice of intervention; and
Note See approved form 6.32 (Notice of intervention) AF2024-52.
(b) serve a copy of the notice on—
(i) the Attorney-General; and
(ii) each active party to the proceeding.
Intervention of Attorney-General in proceedings Part 6.2B
Rule 6045
Part 6.2B Intervention of Attorney-General
in proceedings