8Human Rights Act statement

8 Human Rights Act statement

Section 40B(1) of the Human Rights Act 2004 (ACT) provides that it is unlawful for public authorities to act in a way that is incompatible with a human right or, in making a decision, fail to give proper consideration to a relevant human right. Accordingly, in making the exclusion in section 6, I have considered any relevant human rights that may be impacted as required by section 40B. Section 27B(1) of the Human Rights Act 2004 provides that everyone has the right to work, including the right to choose their occupation or profession freely. I am satisfied that the making of the exclusion in section 6 would not be incompatible with the right to work and the right to choose an occupation or profession freely. While the exemption may limit the right to work, it is important to note that the making of the exemption does not prevent an individual from carrying on an activity covered by construction occupations in the ACT. Rather, the making of the exemption will mean that all individuals who wish to carry on an activity covered by construction occupations in the ACT must meet particular registration requirements set out in ACT law or meet eligibility requirements under section 19 of the Mutual Recognition Act 1992 (Cth). Upon meeting the relevant registration requirements, individuals would be able to carry on an activity covered by construction occupations in the ACT. The registration requirements are a necessary, proportionate and reasonable measure through safeguards which are provided to protect workers and the public. Any limitation on the right to work is reasonable and justified because the exclusion will allow the ACT to address risks associated with transitioning to AMR while ensuring there is no diminution in current levels of safeguards in relation to the health and safety of workers and the public, and consumer protection. The exemption will enable the risks to be addressed through the development and implementation of alternative arrangements.