Human Rights Commission Act 2005

This Act is the Human Rights Commission Act 2005.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘unlawful act, for division 4.2A (Discrimination complaints to ACAT)—see section 53.’ means that the term ‘unlawful act’ is defined in that section for division 4.2A.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The main object of the Act is to promote the human rights and welfare of people living in the ACT.

The main object is to be achieved by establishing a commission that will—

promote the provision of community education, information and advice in relation to human rights; and

identify and examine issues that affect the human rights and welfare of vulnerable groups in the community; and

make recommendations to government and non-government agencies on legislation, policies, practices and services that affect vulnerable groups in the community; and

promote understanding and acceptance of, and compliance with, the Discrimination Act 1991 and the Human Rights Act 2004; and

acknowledge, protect and promote the rights of victims; and

promote the protection of children and young people and people with a disability from abuse and exploitation; and

promote environments that are safe for children and young people by—

promoting the child safe standards prescribed under section 94V; and

encouraging providers of services for children and young people to uphold the standards; and

promote improvements in the provision of prescribed services; and

promote the rights of users of prescribed services; and

promote an awareness of the rights and responsibilities of users and providers of services to which this Act relates; and

provide an independent, fair and accessible process for the resolution of discrimination complaints, human rights complaints and complaints between users and providers of prescribed services; and

provide a process to encourage and assist users and providers of prescribed services to make improvements in the provision of services, particularly by encouraging and assisting service users and providers to contribute to the review and improvement of service quality; and

foster community discussion, and the provision of community education and information, about—

this Act and related Acts; and

the operation of the commission; and

the procedures for making complaints.

For this Act, a prescribed service means—

a health service; and

a disability service; and

a service for children and young people; and

a service for older people; and

a service for victims of crime.

For this Act, a health service is a service provided in the ACT to someone (the service user) for any of the following purposes:

assessing, recording, maintaining or improving the physical, mental or emotional health, comfort or wellbeing of the service user;

diagnosing or treating an illness, disability, disorder or condition of the service user.

In applying this Act in relation to a veterinary practitioner, a health service is a service provided to an animal (the service user) for any of the purposes mentioned in subsection (1) (a) or (b).

A health service includes—

a service provided by a health practitioner in the practitioner’s capacity as a health practitioner; and

a service provided specifically for carers of people receiving health services or carers of people with physical or mental conditions; and

a service provided by a veterinary practitioner in the practitioner’s capacity as a veterinary practitioner.

A disability service is a service provided in the ACT specifically for people with a disability or their carers.

Examples of services for people with a disability or their carers

1 a service that provides home help, personal care, home maintenance or modification, food services, respite care, transport, assessment or referral of support needs, education, training and skill development, information services, coordination, case management and brokerage, recreation, advocacy, community access, accommodation support, rehabilitation, or employment services, specifically for people with a disability or their carers

2 a service provided in association with the use of premises for the care, treatment or accommodation of people with a disability

In this section:

disability means a disability that—

is attributable to an intellectual, psychiatric, sensory or physical impairment, or a combination of those impairments; and

is permanent or likely to be permanent; and

results in—

the person having a substantially reduced capacity for communication, learning or mobility; and

the need for continuing support services for the person; and

may, but need not, be of a chronic episodic nature.

Note Disability is defined differently for complaints about discrimination on the grounds of disability (see Discrimination Act 1991, s 5AA).

A service for children and young people is a service provided in the ACT specifically for children, young people, both children and young people, or their carers.

Examples of services for children and young people and their carers

1 a service that provides care, respite care, transport, assessment or referral of support needs, education, training and skill development, information services, coordination, food services, case management and brokerage, recreation, advocacy, community access, accommodation support, rehabilitation or employment services specifically for children, young people, or their carers

2 a service provided in relation to the use of premises for the care, treatment or accommodation of children, young people, or their carers

3 a service provided in relation to a detention place, intensive therapy place or place of care under the Children and Young People Act 2008

A service for older people is a service provided in the ACT specifically for older people or their carers.

Examples of services for older people

1 a service that provides home help, personal care, home maintenance or modification, food services, respite care, transport, assessment or referral of support needs, education, training and skill development, information services, coordination, case management and brokerage, recreation, advocacy, community access, accommodation support, rehabilitation, or employment services, specifically for older people or their carers

2 a service provided in association with the use of premises for the care, treatment or accommodation of older people.

A service for victims of crime is a service provided in the ACT specifically for victims of crime.

Examples—services for victims of crime

 counselling and grief support services

 court support services

For this Act, a provider of a service is an entity that provides, or holds out that it can provide, the service.

A provider of a service includes—

an entity that employs someone who—

provides the service; or

holds out that the person can provide the service; and

a volunteer providing the service on behalf of someone else; and

someone who was a provider when the service was provided, but is no longer providing the service.

However, a funding body does not provide a service only because the body pays for the service to be provided by someone else.