How are human rights protected in the ACT?

The ACT was the first state or territory in Australia to introduce specific laws to protect human rights. The Human Rights Act 2004 was a ground-breaking development. The Human Rights Act protects and promotes the fundamental rights and freedoms of all people living in the ACT. Since its introduction Victoria and Queensland have followed with similar laws to protect human rights.

The Human Rights Act:

• lists human rights specifically protected in the ACT.
• requires ACT government agencies and contractors to consider your human rights before making any decision that impacts you; and to act compatibly with your human rights, subject to certain reasonable limitations. However, the Human Rights Act does not apply to federal Australian agencies such as Centrelink.
• guides how ACT courts and tribunals interpret other laws that may impact on human rights and requires those laws to be interpreted consistently with human rights where possible. However, the Human Right Act does not apply to Commonwealth laws.
• requires the ACT Attorney-General to prepare a written statement about whether proposed ACT laws are consistent with human rights; and if not, how the proposed law is incompatible.

There are other laws which also protect your rights including laws which protect against unlawful discrimination, laws which safeguard the rights of people in mental health facilities, laws about healthcare rights, laws which protect the rights of children and young people, and laws which protect victims’ rights.

While the ACT, Victoria and Queensland have human rights laws expressly protecting human rights, there is no national Australian human rights act or bill. The Commission strongly supports the campaign to introduce a Federal Charter of Human Rights.

There are also other ways human rights are recognised and respected nationally. You can read more at the Australian Human Rights Commission website.