Public authorities must act consistently with human rights
40B Public authorities must act consistently with human rights
It is unlawful for a public authority—
to act in a way that is incompatible with a human right; or
in making a decision, to fail to give proper consideration to a relevant human right.
Note A person who is or would be aggrieved by an act by a public authority, other than a public authority mentioned in section 40 (1) (e), they believe to be in contravention of this section may make a human rights complaint about the public authority to the commission under the Human Rights Commission Act 2005, section 41D.
Subsection (1) does not apply if the act is done or decision made under a law in force in the Territory and—
the law expressly requires the act to be done or decision made in a particular way and that way is inconsistent with a human right; or
the law cannot be interpreted in a way that is consistent with a human right.
Note A law in force in the Territory includes a Territory law and a Commonwealth law.
In this section:
public authority includes an entity for whom a declaration is in force under section 40D.
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