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Australia's First Bill of Rights

ACTHRA PROJECT: Assessing the impact of the ACT HUMAN RIGHTS ACT 2004

Human Rights Amendment Bill 2007 (ACT)

On 6 December 2007, The ACT Attorney-General, Simon Corbell introduced an amendment bill into the Legislative Assembly that made important changes to the ACT Human Rights Act in response to the first review. The Bill adds a new duty on public authorities to comply with human rights, and a right of action and remedy (but not damages) for breach. The Bill also clarifies the interpretation provision and its interaction with the ‘purpose test’ in the Legislation Act, and fleshes out the proportionality test for limitations on human rights in s28.

The Human Rights Amendment Act 2008 was passed by the Legislative Assembly on 4 March 2008. The new public authority provision and right of action (new Part 5A) came into force on 1 January 2009. The other amendments, such as the new notification provision (s34), the new interpretation provision (s30) and the new limitation provision (s28) came into effect on 18 March 2008.

Human Rights Amendment Bill 2007 and Explanatory Statement

Media

Human Rights further entrenched in the ACT[pdf], media release, Attorney-General Simon Corbell, 4 March 2008[word]

Assembly debates Human Rights Bill, ABC news, 4 March 2008 [word]

Amendment to ensure administration is brought to rights[pdf], Hilary Charlesworth and Gabrielle McKinnon, Canberra Times 25 February 2008 [word]

Courts to hear cases on rights abuses [pdf], Canberra Times 12 February 2008 [word]