Human Rights Act 2004

The Minister must review the operation of the amendments to this Act made by the Human Rights (Healthy Environment) Amendment Act 2024.

In undertaking the review, the Minister must—

consider the categorisation of the human right set out in section 27C as an economic, social and cultural right; and

evaluate the prohibition under section 40C (8) on a person starting a proceeding or relying on their rights in relation to a claim that a public authority has acted in contravention of section 40B if the contravention claimed is—

that the public authority acted in a way that is incompatible with the human right set out in section 27C; or

in making a decision, the public authority failed to give proper consideration to the human right set out in section 27C; and

despite section 40C (10)—consider whether the prohibition under section 40C (8) remains appropriate.

The Minister must—

begin the review not later than 1 October 2027; and

present a report of the review to the Legislative Assembly as soon as practicable after the report is completed.

This section expires on 1 October 2028.

In this section:

public authority—see section 40C (11).

Schedule 1 ICCPR source of human rights

(see pt 3)

column 1 item column 2 section column 3 description column 4

ICCPR article

1

8 (1) right to recognition as person

16

2

8 (2) right to enjoy rights without distinction etc

2 (1)

3

8 (3) equality before law and equal protection

26

4

9 (1) right to life

6 (1)

5

10 protection from torture and cruel, inhuman or degrading treatment etc

7

6

11 (1) protection of family

23 (1)

7

11 (2) protection of children

24 (1)

8

12 privacy and reputation

17 (1)

9

13 freedom of movement

12 (1)

10

14 (1) freedom of thought, conscience and religion

18 (1), (3)

11

14 (2) no coercion to limit religious freedom

18 (2), (3)

12

15 (1) peaceful assembly

21

13

15 (2) freedom of association

22

14

16 (1) right to hold opinions

19 (1)

15

16 (2) freedom of expression

19 (2), (3)

16

17 taking part in public life

25

17

18 (1)-(7) right to liberty and security of person

9

18

18 (8) no imprisonment for contractual obligations

11

19

19 humane treatment when deprived of liberty

10 (1), (2) (a)

20

20 children in the criminal process

10 (2) (b), (3)

21

21 fair trial

14 (1)

22

22 (1) rights in criminal proceedings

14 (2)

23

22 (2) minimum guarantees for those charged

14 (3)

24

22 (3) rights of child charged

14 (4)

25

22 (4) right of review

14 (5)

26

23 compensation for wrongful conviction

14 (6)

27

24 right not to be tried or punished more than once

14 (7)

28

25 retrospective criminal laws

15 (1)

29

26 freedom from forced work

8 (1), (2), (3) (a), (3) (c)

30

27 (1) rights of minorities

27

31

27 (2) cultural rights of Aboriginal and Torres Strait Islander peoples

Note The primary source of the rights in s 27 (2) is the United Nations Declaration on the Rights of Indigenous Peoples, art 25 and art 31.

Schedule 2 ICESCR source of human rights (see pt 3A)

column 1 item column 2 section column 3 description column 4

ICESCR article

1

27A right to education

13

2

27B right to work and other work-related rights

2 (2), 6 (1), 7, 8

Note 1 The primary source of the right in s 27B (4) is the International Labour Organisation Right to Organise and Collective Bargaining Convention, art 1.

Note 2 The primary source of the right in s 27C is the United Nations General Assembly, The human right to a clean, healthy and sustainable environment, A/RES/76/300 (28 July 2022).

Dictionary (see s 3)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

 Act (see s 7)

 emergency service

 entity

 foreign country

 individual

 may (see s 146)

 Minister (see s 162)

 proceeding

 public employee

 public service

 statutory instrument (see s 13).

act, for part 5A (Obligations of public authorities), includes fail to act and propose to act.

commission means the human rights commission.

conduct includes omission.

court includes the following:

the ACAT;

an entity prescribed by regulation.

declaration of incompatibility—see section 32.

engage in conduct means—

do an act; or

omit to do an act.

function of a public nature—see section 40A.

human rights—see section 5.

ICCPR means the International Covenant on Civil and Political Rights.

ICESCR means the International Covenant on Economic, Social and Cultural Rights.

international law includes—

the International Covenant on Civil and Political Rights and other human rights treaties to which Australia is a party; and

general comments and views of the United Nations human rights treaty monitoring bodies; and

declarations and standards adopted by the United Nations General Assembly that are relevant to human rights.

public authority—see section 40.

Territory law means an Act or statutory instrument.