Human Rights Amendment Act 2012 (ACT)

Human Rights Amendment Act 2012

A2012-41

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Section 5  2

5            Rights apart from ActSection 7, new example  2

6            New part 3A and part 3B heading  3

7           Human rights may be limitedSection 28 (1)  4

8            Public authorities must act consistently with human rightsSection 40B (3), new definition of human rights  4

9            New section 43  4

10          New schedule 2  5

11          Dictionary, new definition of ICESCR  5

Human Rights Amendment Act 2012

A2012-41

An Act to amend the Human Rights Act 2004

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Human Rights Amendment Act 2012.

2. Commencement

   This Act commences on 1 January 2013.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Human Rights Act 2004.

4. Section 5

   substitute

5. What are human rights?

   In this Act:

   human rights means—

   (a)the civil and political rights in part 3; and

   (b)the economic, social and cultural rights in part 3A.

6. Rights apart from Act
   Section 7, new example

   insert

   2A    rights under the ICESCR not listed in this Act

7. New part 3A and part 3B heading

   after section 27, insert

Part 3AEconomic, social and cultural rights

NoteThe primary source of these rights is the International Covenant on Economic, Social and Cultural Rights.

27ARight to education

(1)Every child has the right to have access to free, school education appropriate to his or her needs.

(2)Everyone has the right to have access to further education and vocational and continuing training.

(3)These rights are limited to the following immediately realisable aspects:

(a)everyone is entitled to enjoy these rights without discrimination;

(b)to ensure the religious and moral education of a child in conformity with the convictions of the child’s parent or guardian, the parent or guardian may choose schooling for the child (other than schooling provided by the government) that conforms to the minimum educational standards required under law.

Part 3BLimits on human rights

1. Human rights may be limited
   Section 28 (1)

   omit

   Territory

2. Public authorities must act consistently with human rights
   Section 40B (3), new definition of human rights

   insert

   human rights do not include the economic, social and cultural rights in part 3A.

3. New section 43

   insert

4. Review of economic, social and cultural rights

   (1)The Attorney-General must review the operation of the human rights in part 3A and present a report of the review to the Legislative Assembly not later than 1 January 2015.

   (2)The review must include a consideration of whether—

   (a)other economic, social or cultural rights should be included in this Act; and

   (b)part 5A should apply to the economic, social and cultural rights in part 3A; and

   (c)the economic, social and cultural rights in part 3A should be subject to progressive realisation.

   (3)This section expires on 1 January 2016.

5. New schedule 2

   insert

Schedule 2ICESCR 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

1. Dictionary, new definition of ICESCR

   insert

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

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 29 March 2012.

2. Notification

   Notified under the Legislation Act on 29 August 2012.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Human Rights Amendment Bill 2012, which was passed by the Legislative Assembly on

   
   

   23 August 2012 a.m.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2012