2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Human Rights Amendment Bill 2012

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Section 5	2
	5	Rights apart from Act
Section 7, new example	2
	6	New part 3A and part 3B heading	3
	7	Human rights may be limited
Section 28 (1)	4
	8	Public authorities must act consistently with human rights
Section 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

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)

column 1
item	column 2
section	column 3
description	column 4
ICESCR article	
1	27A	right to education	13	
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