Australian Capital Territory Current Acts

HUMAN RIGHTS ACT 2004 - SECT 40B

    (1)     It is unlawful for a public authority—

        (a)     to act in a way that is incompatible with a human right; or

        (b)     in making a decision, to fail to give proper consideration to a relevant human right.

Note     A person who is or would be aggrieved by an act by a public authority, other than a public authority mentioned in section 40 (1) (e), they believe to be in contravention of this section may make a human rights complaint about the public authority to the commission under the Human Rights Commission Act 2005

, section 41D.

    (2)     Subsection (1) does not apply if the act is done or decision made under a law in force in the Territory and—

        (a)     the law expressly requires the act to be done or decision made in a particular way and that way is inconsistent with a human right; or

        (b)     the law cannot be interpreted in a way that is consistent with a human right.

Note     A law in force in the Territory includes a Territory law and a Commonwealth law.

    (3)     In this section:

"public authority" includes an entity for whom a declaration is in force under section 40D.