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This is a Bill, not an Act. For current law, see the Acts databases.
CHARTER OF RESPONSIBILITIES BILL 2004
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Bill Stefaniak)
Charter of
Responsibilities Bill 2004
Contents
Page
Part
1.1 Responsibilities towards
others 9
Part
1.2 Responsibilities to
society 18
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Bill Stefaniak)
Charter of
Responsibilities Bill 2004
A Bill for
An Act to encourage awareness of the responsibilities of people in the ACT
towards each other
1 Everyone is capable of making free and responsible choices.
2 The inalienable rights and inherent dignity of everyone requires certain
obligations to be followed and certain responsibilities to be
accepted.
3 Both the rule of law and human rights depend on the readiness of
everyone to act justly. These rights cannot endure without the commitment to the
responsibilities that come with them.
4 Everyone is responsible, to the best of their knowledge and ability, for
a better community, our community, which cannot be created or enforced by laws,
prescriptions and conventions alone.
The Legislative Assembly for the Australian Capital Territory therefore
enacts as follows:
This Act is the Charter of Responsibilities Act 2004.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
Part
2 Civil
responsibilities
4 What
are civil responsibilities?
In this Act:
civil responsibilities means the responsibilities in schedule
1.
5 Who
has civil responsibilities?
Individuals have civil responsibilities.
6 Responsibilities
apart from Act
This Act is not exhaustive of the responsibilities an individual may have
under domestic or international law.
Example of other
responsibilities
responsibilities under international covenants
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Part
3 Application of civil
responsibilities to Territory laws
This part applies to all Territory laws.
8 Interpretation
of laws and civil responsibilities
(1) In working out the meaning of a Territory law, an interpretation that
is consistent with civil responsibilities is to be preferred to any other
interpretation.
(2) Subsection (1) is subject to the Legislation Act, section
139.
Note The Legislation Act, s 139 requires the interpretation that
would best achieve the purpose of a law to be preferred to any other
interpretation (the purposive test).
(3) If applying subsection (1) and the Human Rights Act 2004,
section 30 (1) to a Territory law would achieve a different result,
only subsection (1) is to be applied.
(4) In this section:
working out the meaning of a Territory law
means—
(a) resolving an ambiguous or obscure provision of the law; or
(b) confirming or displacing the apparent meaning of the law; or
(c) finding the meaning of the law when its apparent meaning leads to a
result that is manifestly absurd or is unreasonable; or
(d) finding the meaning of the law in any other case.
9 Interpretation
of civil responsibility
(1) International law, and the judgments of foreign and international
courts and tribunals, relevant to a civil responsibility may be considered in
interpreting the responsibility.
(2) In deciding whether material mentioned in subsection (1) or any other
material should be considered, and the weight to be given to the material, the
following matters must be taken into account:
(a) the desirability of being able to rely on the ordinary meaning of this
Act, having regard to its purpose and its provisions read in the context of the
Act as a whole;
(b) the undesirability of prolonging proceedings without compensating
advantage;
(c) the accessibility of the material to the public.
(3) For subsection (2) (c), material in the ACT legislation register is
taken to be accessible to the public.
(1) The Attorney–General must review the operation of this Act and
present a report of the review to the Legislative Assembly not later than 1 July
2006.
(2) This section expires on 1 January 2007.
Part
5 Consequential
amendments
11 Annual
Reports (Government Agencies) Act
2004,sections 5 (2) (a) and 9 (3)
(e)
after
respect, protect and promote human rights
insert
and civil responsibilities
Explanatory note
This amendment takes into account the renumbering required by the Annual
Reports (Government Agencies) Act 2004, section 23.
12 Legislation
Act, section 139 (2), new note
insert
Note 2 The Charter of Responsibilities Act 2004, s 9 (1)
(which is about interpreting legislation to be consistent with civil
responsibilities) is also relevant to interpreting Territory laws.
Schedule
1 Civil
responsibilities
(see s 4)
Part
1.1 Responsibilities towards others
(1) Everyone has a responsibility to respect other people.
(2) Everyone should respect people who hold a position of
authority.
(3) People who hold a position of trust and authority in our community are
required to show respect towards others, and must have ethical standards and
serve truth.
Examples of positions of
authority
public officers whose work benefits society, such as police officers,
emergency service workers, public servants, teachers and medical staff
(4) For this section, respecting other people includes
respecting other’s freedom and human rights.
Examples
1 a person must not unlawfully restrict someone else’s speech,
movement or association
2 a person must respect everyone else’s right to life, and to humane
treatment
3 a person must recognise everyone else’s right to equality before
the law
4 a person must not harass, annoy or interfere anyone else in their
community, for example by not upholding the proper values of the community or
neighbourhood
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(5) People and groups of people (for example families, communities, races,
nationalities and religions) must act towards one another in a spirit of
goodwill, unity and kindred spirit.
(1) No-one has the right to kill or injure except in
self-defence.
(2) Everyone should respect life.
3 Respect
for the rule of law
In respecting the rule of law, everyone must assist the police and
authorities in the course of their duties and in the exercise of their functions
under the laws of the territory.
4 Opposing
inhumane actions
(1) Everyone should oppose all forms of inhumanity, particularly
fanaticism, hate and social exclusion.
(2) Everyone has a responsibility to work for the greater good of
humanity.
(1) Everyone must be honest and fair in dealing with everyone else.
Examples
1 a person must be honest and fair in their dealings with everyone else in
the workplace, particularly in the negotiation of workplace agreements and, for
example, by ensuring a fair day’s work for a fair day’s
pay
2 a person must not dishonestly, or unfairly, take advantage of someone
else
3 a person who, through conduct, causes damage to someone else, has the
responsibility to make good the damage, for example, by financial
compensation
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) No-one may rob or dispossess anyone else or any group of people,
including the Territory or Commonwealth.
(3) Everyone has a responsibility not to lie to others.
Principals and other teachers should, for the benefit of students, parents
and the community—
(a) behave professionally, by being a responsible role model for students;
and
(b) assist in the character development of all students, including in the
development of values and respect for, and tolerance of, others; and
(c) successfully complete personal and professional development programs;
and
(d) assist in the pastoral care of students, where appropriate and
possible; and
(e) maintain a neutral political position in all aspects of their
professional behaviour.
(1) Religious people, especially religious leaders, whose religious
freedom is guaranteed, should avoid prejudice, fanaticism and hatred towards
individuals holding different beliefs, and should not incite or legitimise
religious wars.
(2) Religious people should always be guides for truthfulness in thinking,
speaking and acting.
8 Professionals
generally
All professionals must—
(a) place their responsibility for the welfare, health and safety of the
community before their responsibility to sectional or private interests, or to
other members of their profession; and
(b) act with honour, integrity and dignity in order to earn the trust of
the community and their profession; and
(c) conduct themselves professionally and in a careful and diligent manner
in their areas of competence; and
(d) act with honesty and equity, and without discrimination, towards all
members of the community; and
(e) apply their skill and knowledge in the interest of their employer or
client; and
(f) act with integrity without compromising any other obligation under
this clause; and
(g) express opinions, make statements or give evidence fairly and honestly
and only on the basis of adequate knowledge; and
(h) continue to develop relevant knowledge, skill and expertise throughout
their careers, and actively assist and encourage those with whom they are
associated to do the same; and
(i) not assist in or cause a contravention of this clause and support
compliance with this clause if required or able to do so.
(1) Lawyers, in their relationship with clients must—
(a) serve their clients competently and diligently; and
(b) deal with their clients fairly, free of the influence of any interest
which may conflict with a client’s best interests; and
(c) maintain the confidentiality of their clients affairs; and
(d) give their clients the benefit of all information relevant to their
clients’ affairs of which they have knowledge; and
(e) not take part in, or assist in, conduct that is intended to defeat the
ends of justice or otherwise contravenes the law.
(2) Lawyers should act with competence, honesty and candour in their
dealings with the courts, when—
(a) obtaining and presenting evidence; or
(b) preparing and filing documents; or
(c) instructing or appearing as an advocate.
(3) Lawyers should be frank in their responses and disclosures to the
court and diligent in their compliance with undertakings they give to the court
or their opponents.
(4) Lawyers, in their dealings with other lawyers, should act honestly,
fairly and courteously and adhere faithfully to their undertakings.
(5) Lawyers should conduct their dealings with other members of the
community, and the affairs of their clients which affect the rights of others in
accordance with this clause.
(1) In this part:
judge means—
(i) a resident judge, additional judge or acting judge under the
Supreme Court Act 1933; and
(ii) a Magistrate under the Magistrates Court Act 1930; and
(iii) the Master of the Supreme Court; and
(iv) any member of any tribunal authorised to hear, receive and examine
evidence
(2) Judges should conduct themselves with the following main
objectives:
(a) to uphold public confidence in the administration of justice;
(b) to enhance public respect for the institution of the judiciary;
(c) to protect the reputation of individual judicial officers and or the
judiciary.
(3) Judges should avoid any conduct that has the potential to put these
objectives at risk.
(4) Judicial conduct should be tested against the following to ensure
compliance with subsection (1):
(a) impartiality;
(b) judicial independence;
(c) integrity.
Note For other ways judicial conduct should be tested, see the Guide
to Judicial Conduct published by the Council of Chief Justices of
Australia.
(5) The judiciary should always consider the public it serves in
decision-making and take into account community expectations.
Example
The judiciary must take community expectations into account when sentencing
offenders in criminal matters and in giving judgments in civil claims affecting
the community generally.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
11 Journalists
and the media
(1) Journalists and the media in reporting news and current affairs
should—
(a) ensure that news and current affairs are presented accurately and
fairly; and
(b) take account of personal privacy and cultural differences in the
community; and
(c) present material impartially; and
(d) clearly distinguish the reporting of factual material from commentary
and analysis; and
(e) have appropriate regard to the feelings of relatives portrayed in
reporting footage as well as viewers when including images of dead or seriously
injured people; and
(f) display images of a kind which may seriously distress or seriously
offend a substantial number of viewers only if there is an identifiable public
interest reason for doing so; and
(g) provide warnings if broadcasting material which may seriously distress
or seriously offend a substantial number of viewers; and
(h) use material relating to a person's personal or private affairs, or
which invades an individual's privacy only where there is an identifiable public
interest reason for doing so; and
(i) exercise sensitivity in broadcasting images of, or interviews with,
bereaved relatives and survivors or witnesses of traumatic incidents;
and
(j) avoid unfairly identifying a single person or business when commenting
on the behaviour of a group of persons or businesses; and
(k) take all reasonable steps to ensure that murder and accident victims
are not identified directly or, if practicable, indirectly before their
immediate family is notified by the authorities; and
(l) broadcast reports of suicide or attempted suicide only if there is an
identifiable public interest reason to do so, and avoid including a detailed
description of the method used; and
(m) not portray any person or group of persons in a negative light by
placing emphasis on age, colour, gender, national or ethnic origin, physical or
mental disability, race, religion or sexual preference; and
(n) make reasonable efforts to correct significant errors of fact at the
earliest opportunity.
(2) Journalists and the media must present news and current affairs
programs with care, having regard to the likely composition of the viewing
audience and, in particular, the likelihood of the audience including
children.
12 Employers
and employees
(1) All employers must show respect for their employees and provide a safe
environment that does not harm employees physically or emotionally.
(2) Employees must show respect for others in the workplace and do
everything in their power to maintain a safe environment to ensure that no
physical or emotional harm comes to either themselves or others in the
workplace.
(3) Employers must provide adequate means of communication to promote
employees raising issues relating to the conditions of work.
(4) Employees must, where necessary, make every reasonable effort to raise
issues with their employers relating to their conditions of work.
(5) Employees who are supervisors have the same obligations to employees
they supervise as employers have to the supervisors.
(6) All employees are entitled to feel they can report about or complain
about work conditions without fear of reprisal.
(1) No-one may treat another as a sex object or disadvantage anyone
because of their sexuality.
(2) People should treat each other in their sexual and family
relationships with respect and as equal partners.
(3) Young people should be educated at home, school and through religion
and elsewhere in society that sexuality itself is a creative and positive force
and not one that is negative, destructive or exploitative.
Marriage should be characterised by love, loyalty and permanence, with a
guarantee of mutual security and support.
(1) Parents should not exploit children, nor children exploit
parents.
(2) A family’s relationship with one another should reflect mutual
respect, appreciation and concern.
(3) Children should be raised so as to acknowledge the importance of
community and that the community respects them.
Part
1.2 Responsibilities to
society
Everyone must obey the law because—
(a) the law is made by elected representatives on behalf of everyone;
and
(b) the law is an expression of society’s will.
17 Accepting
the law’s authority
A person who breaks the law has a responsibility to confess and accept
appropriate punishment.
18 Economic
and political power
(1) Economic and political power should not be misused as instruments of
domination, but for service to humanity.
(2) Mutual respect and a willingness to mediate should be encouraged by
everyone so as to reach a reasonable balance of interests that is moderate and
fair.
(1) Everyone must acknowledge and respect the rights associated with other
people’s property as well as the community’s property.
(2) No-one may engage in the anti-social activity of defacing property or
unlawfully removing property.
(3) Everyone must strive to protect the property of others and of the
community and report antisocial activity to the appropriate
authorities.
20 Respect
for the environment
(1) Everyone must acknowledge and respect the principle that the lives of
animals and plants deserve protection, preservation and care.
(2) Everyone has a special responsibility, not only for the present
generation, but for future generations, to take care of our
environment.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2004.
2 Notification
Notified under the Legislation Act on 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2004
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