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HUMAN RIGHTS AMENDMENT BILL 2012

2012

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Human Rights Amendment Bill 2012

Contents

Page

2012

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Human Rights Amendment Bill 2012

A Bill for

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.

Note The 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.

5 Rights apart from Act

Section 7, new example

insert

2A rights under the ICESCR not listed in this Act

6 New part 3A and part 3B heading

after section 27, insert

Part 3A Economic, social and cultural rights

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

27A Right to education

(1) Every child has the right to have access to free, primary 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 that conforms to the minimum educational standards required under law.

Part 3B Limits on human rights

7 Human rights may be limited

Section 28 (1)

omit

Territory

8 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.

9 New section 43

insert

43 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.

10 New schedule 2

insert

Schedule 2 ICESCR source of human rights

(see pt 3A)

11 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 2012.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2012

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