Human Rights Act 2004
- Number
- A2004-5
- Status
- In Force
Notes
- Under the Human Rights Act 2004, section 31 international law and the judgments of foreign and international courts and tribunals relevant to a human right may be considered in interpreting a human right (see also dict, def international law). The accessibility of this material to the public is one of the criteria for deciding whether to consider the material and the weighting to be given to it. Material on the ACT legislation register is taken to be accessible to the public. Various human rights conventions and convenants are published on the legislation register.
- Various declarations of incompatibility are published on the legislation register.
- Current law
- Regulations & instruments
- Point-in-time versions
- Law history
Current version
Notes
- Uncommenced amendments by Human Rights (Healthy Environment) Amendment Act 2024.
- Proposed amendments by Modern Slavery Legislation Amendment Bill 2023.
Effective | Files/Formats | Version | Published | Notes |
---|---|---|---|---|
11 June 2024 | HTMLPDFWord | R16 (RI) | 17 September 2024 | Reissued for retrospective amendments by A2024-49 Republication for amendments by A2023-53 |
Administering Minister and Directorate
- Minister for Human Rights - Justice and Community Safety Directorate
Legislative instruments
Legislative instruments under the Act and its subordinate laws
Name | Status | Classifier | Type | Under | Effective | Year and No |
---|---|---|---|---|---|---|
Human Rights (Private Entity) Declaration 2009 | None | Notifiable instruments | s 40D | 1 July 2009 | NI2009-239 | |
Human Rights (Private Entity) Declaration 2010 (No 2) | None | Notifiable instruments | s 40D | 1 March 2010 | NI2010-59 | |
Human Rights (Private Entity) Declaration 2010 (No 1) | None | Notifiable instruments | s 40D | 1 March 2010 | NI2010-68 | |
Human Rights (Private Entity) Declaration 2012 | None | Notifiable instruments | s 40D | 8 May 2012 | NI2012-230 | |
Human Rights (Private Entity) Declaration 2012 (No 2) | None | Notifiable instruments | s 40D | 1 June 2012 | NI2012-276 | |
Human Rights (Private Entity) Declaration 2012 (No 3) | None | Notifiable instruments | s 40D | 1 January 2013 | NI2012-621 | |
Human Rights (Private Entity) Declaration 2013 | None | Notifiable instruments | s 40D | 10 December 2013 | NI2013-531 |
Point-in-time versions
Effective | Files/Formats | Version | Published | Notes |
---|---|---|---|---|
11 June 2024 | HTMLPDFWord | R16 (RI) | 17 September 2024 | Reissued for retrospective amendments by A2024-49 Republication for amendments by A2023-53 |
11 June 2024 | HTMLPDFWord | R16 | 11 June 2024 | Republication for amendments by A2023-53 Does not include retrospective amendments by A2024-49 (see reissued republication) |
12 December 2023 - 10 June 2024 | HTMLPDFWord | R15 | 12 December 2023 | Republication for amendments by A2023-53 |
6 April 2022 - 11 December 2023 | HTMLPDFWord | R14 | 6 April 2022 | Republication for amendments by A2022-4 |
14 May 2020 - 5 April 2022 | HTMLPDFWord | R13 | 14 May 2020 | Republication for amendments by A2020-13 |
2 March 2017 - 13 May 2020 | HTMLPDFWord | R12 | 2 March 2017 | Republication for amendments by A2017-5 |
1 September 2016 - 1 March 2017 | HTMLPDFWord | R11 | 1 September 2016 | Republication for amendments by A2016-52 |
26 February 2016 - 31 August 2016 | HTMLPDFWord | R10 | 26 February 2016 | Republication for amendments by A2016-5 |
2 January 2016 - 25 February 2016 | HTMLPDFWord | R9 | 2 January 2016 | Republication for expiry of provision (s 43) |
1 January 2013 - 1 January 2016 | HTMLPDFWord | R8* | 1 January 2013 | Republication for amendments by A2012-41 |
2 January 2010 - 31 December 2012 | HTMLPDFWord | R7* | 2 January 2010 | Republication for commenced expiry |
2 February 2009 - 1 January 2010 | HTMLPDFWord | R6 | 2 February 2009 | Republication for amendments by A2008-36 |
1 January 2009 - 1 February 2009 | HTMLPDFWord | R5 | 1 January 2009 | Republication for amendments by A2008-3 |
18 March 2008 - 31 December 2008 | HTMLPDFWord | R4 | 18 March 2008 | Republication for amendments by A2008-3 |
2 January 2007 - 17 March 2008 | HTMLPDFWord | R3* | 2 January 2007 | Republication for commenced expiry |
1 November 2006 - 1 January 2007 | HTMLPDFWord | R2 | 1 November 2006 | Republication for amendments by A2005-41 as amended by A2006-3 |
1 July 2004 - 31 October 2006 | HTMLPDFWord | R1 | 1 July 2004 | Republication for new Act |
1 July 2004 | HTMLPDFWord | As notified | 10 March 2004 |
Bill and Explanatory statement
The bill and explanatory statement for this Act are accessed from Human Rights Bill 2003.
Notification statement
The Human Rights Act 2004 has been passed by the Legislative Assembly and is notified under the Legislation Act 2001.
Notified: 10 March 2004 (Parliamentary Counsel)
Act as notified
Date notified | Effective | Files/Formats | Notes |
---|---|---|---|
10 March 2004 | 1 July 2004 | HTMLPDFWord |
Commencement
Provision | Commencement date | Commencement method |
---|---|---|
s 1, s 2 | 10 March 2004 | LA s 75 (1) |
remainder | 1 July 2004 | s 2 |
Expiries
Provision | Expiry date | Expiry method |
---|---|---|
s 43 | 1 January 2016 (midnight) | s 43 (3) |
s 44 | 1 January 2010 (midnight) | s 44 (2) |
s 43 | 1 January 2007 (midnight) | s 43 (3) |
Amendments
For section-by-section amendment annotations, see the amendment history in the endnotes in the current version of this law.
Year and number | Amending law | Amending provision | Commencement date |
---|---|---|---|
A2017-5 | Justice and Community Safety Legislation Amendment Act 2017 | sch 1 pt 1.4 | 2 March 2017 |
A2016-52 | Public Sector Management Amendment Act 2016 | sch 1 pt 1.36 | 1 September 2016 |
A2016-5 | Human Rights Amendment Act 2016 | ss 4-9 | 26 February 2016 |
A2012-41 | Human Rights Amendment Act 2012 | ss 4-11 | 1 January 2013 |
A2008-36 | ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 | sch 1 pt 1.30 | 2 February 2009 |
A2008-3 | Human Rights Amendment Act 2008 | ss 4-6 | 18 March 2008 |
A2008-3 | Human Rights Amendment Act 2008 | ss 7-9 | 1 January 2009 |
A2005-41 | Human Rights Commission Legislation Amendment Act 2005 | sch 1 pt 1.7 | 1 November 2006 |
A2020-13 | Human Rights (Workers Rights) Amendment Act 2020 | s 4, s 5 | 14 May 2020 |
A2022-4 | Legislation (Legislative Assembly Committees) Amendment Act 2022 | sch 1 pt 1.12 | 6 April 2022 |
A2023-53 | Human Rights (Complaints) Legislation Amendment Act 2023 | ss 3-7, s 9, sch 1 | 12 December 2023 |
A2023-53 | Human Rights (Complaints) Legislation Amendment Act 2023 | s 8, s 10 | 11 June 2024 |
A2024-43 | Human Rights (Healthy Environment) Amendment Act 2024 | ss 4-10 | awaiting commencement |
A2024-49 | Justice and Community Safety Legislation Amendment Act 2024 | pt 8 | taken to have commenced 11 June 2024 |