Australian Capital Territory Current Acts

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HUMAN RIGHTS ACT 2004 - SECT 40C

Legal proceedings in relation to public authority actions

    (1)     This section applies if a person—

        (a)     claims that a public authority has acted in contravention of section 40B ; and

        (b)     alleges that the person is or would be a victim of the contravention.

    (2)     The person may—

        (a)     start a proceeding in the Supreme Court against the public authority; or

        (b)     rely on the person's rights under this Act in other legal proceedings.

    (3)     A proceeding under subsection (2) (a) must be started not later than 1 year after the day (or last day) the act complained of happens, unless the court orders otherwise.

    (4)     The Supreme Court may, in a proceeding under subsection (2), grant the relief it considers appropriate except damages.

    (5)     This section does not affect—

        (a)     a right a person has (otherwise than because of this Act) to seek relief in relation to an act or decision of a public authority; or

        (b)     a right a person has to damages (apart from this section).

Note     See also s 18 (7) and s 23.

    (6)     In this section:

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



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