Human Rights Act 2004

Human Rights Act 2004 (ACT)
Australian Capital Territory Legislative Assembly
  • An Act that defines what a human right is and who is entitled to these rights, this accomplished by outlining civil, political, economic rights.
CitationHuman Rights Act 2004 (ACT)
Territorial extentAustralian Capital Territory
Enacted byAustralian Capital Territory Legislative Assembly
Enacted2 March 2004
Assented to10 March 2004
Commenced1 July 2004
Legislative history
Bill titleHuman Rights Bill 2003
Introduced byJon Stanhope MLA, Attorney-General
Introduced18 November 2003
Amends
Rights Amendment Act 2008 (NO.3 OF 2008)
Status: In force

The Human Rights Act 2004 is an Act of the Australian Capital Territory Legislative Assembly that recognises the fundamental human rights of individuals. Ratified by the Australia Capital Territory (ACT) Legislative Assembly on 1 July 2004, it was among the first of its kind to define and enshrine human rights into Australian law by establishing civil, political, economic, social and culture rights. The legislation followed the proposal extended by the ACT Bill of Rights Consultative Committee. This proposal embodied a community wide deliberation, designed to assess public sentiment toward human rights within the ACT. Consequently, this dialogue would go on to highlight the popularity of an ACT Charter of Human Rights among the populace.

While this piece of legislation established newly held human rights, the act itself does not inhibit already established rights and freedoms. The act explicitly outlines within section 7, "Rights apart from act", that rights established within the document are not exhaustive. Additionally, this legislation draws distinct limitations, stating that the human rights outlined are accountable to "reasonable limits" enacted by law, such that they are "demonstrably justified" throughout civilisation.

Additionally, the Act established an Australian Capital Territory Human Rights Commissioner while also empowering the ACT Supreme Court to facilitate compliance of legislation.