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Workings of the Act
Carolyn Evans, ‘Responsibility for rights: the ACT Human Rights Act’. Federal Law Review, 2004.
Department of Justice and Community Safety, ’12 month review of the ACT Human Rights Act’
Evaluations
Carolyn Evans, ‘Human Rights Act and Administrative Law Talk’. Paper presented at the Conference Assessing the First Year of the ACT Human Rights Act, ANU, 29 June 2005.
Gabrielle McKinnon, ‘The ACT Human Rights Act – the second year’. Paper presented at the Australian Bills of Rights Conference, 21 st June 2006.
Gabrielle McKinnon, ‘Strengthening the Human Rights Act 2004’. Paper presented at the Human Rights Office Community Forum, 1 July 2005.
Richard Refshauge, ‘The Human Rights Act 2004 and the Criminal Law’. Paper presented at the Conference Assessing the First Year of the ACT Human Rights Act, ANU, 29 June 2005.
P BLuck, ‘The year of living (relatively) uneventfully’.
Rebecca Minty, ‘Saved by the Bill? The effect of the ACT Human Rights Act 2004 on legislative provisions that reverse the onus of proof’. Australian National University, 2005.
Debeljak, J. 'The Human Rights Act 2004 (ACT): A Significant, Yet Incomplete, Step Toward the Domestic Protection and Promotion of Human Rights' (2004) 15 Public Law Review 169-176.
Impact on Government
Elizabeth Kelly, ‘Government in the ACT: A Human Rights Act dialogue’. Paper presented at the Conference Assessing the First Year of the ACT Human Rights Act, ANU, 29 June 2005
Renee Leon, ‘Australian Bill of Rights – ACT and beyond’
The Human Rights Act:
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Includes the civil and political rights contained in the International Covenant on Civil and Political Rights, which Australia has signed;
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Requires courts and tribunals to interpret laws to be compatible with the Human Rights Act “as far as possible” (s 30);
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Empowers the ACT Supreme Court to issue a non-binding “declaration of incompatibility” when a law is not consistent with the rights contained in the Human Rights Act (s 32);
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Requires pre-enactment scrutiny of all legislation, including a statement from the Attorney-General about whether legislation is compatible with the Human Rights Act (Pt 5); and
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Establishes a Human Rights Commissioner (part of the Human Rights Office) to review existing legislation and conduct education programs relating to human rights (Pt 6).
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This historic move was made in response to recommendations made by the ACT Bill of Rights Consultative Committee.
The Chief Justice of the ACT Supreme Court delivered a speech to the National Press Club in Canberra on 3 March 2004, in which he explained the significance of the new Bill of Rights. The speech was entitled: “Australia’s First Bill of Rights – Testing Judicial Independence and the Human Rights Imperative” .
There had been speculation in the media that the Prime Minister would attempt to overturn the ACT Bill of Rights. In a radio interview Australian Prime Minister, John Howard, expressed the opinion that “a Bill of Rights is totally undesirable. I think it can end up restricting rights rather than enhancing them”.
Some of the rights contained in the Act are:
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Recognition and equality before the law |
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Right to life |
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Protection from torture and cruel, inhuman or degrading |
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Treatment |
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Protection of the family and children |
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Privacy and reputation |
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Freedom of movement |
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Freedom of thought, conscience, religion and belief |
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Peaceful assembly and freedom of association |
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Freedom of expression |
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Right to take part in public life (voting, etc) |
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Right to liberty and security of person |
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Human treatment when deprived of liberty |
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Children in the criminal process |
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Right to a fair trial |
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Rights in criminal proceedings (presumption of innocence, right to silence, etc) |
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Compensation for wrongful conviction |
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Right not to be tried or punished more than once (double jeopardy) |
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No retrospective criminal laws |
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Freedom from forced work |
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Rights of minorities |
For earlier comments on the Bill see:
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