Passed as ACT law by the Legislative Government of the Territory, the 2004 Act was developed to increase protection mechanisms for human rights otherwise neglected in the Australian Constitution. The 2004 Act - the only one of its kind at the time (Victoria has since introduced its own Act) - introduced a more developed commitment to the protection of human rights by invoking rights outlined in the International Covenant on Civil and Political Rights.

Throughout the consultation process, ACT legislation was called into account due to evidence of rights violations already taking place in regards to Aboriginal and Torres Strait Islanders, as well as the elderly and mentally ill. In light of this, the 2004 Act highlighted the importance of developing human rights compatible law whenever possible; introducing a new level of policy making to ensure human rights were acknowledged by law makers and society on the whole. To support this, the ACT Human Rights Commission was established to monitor and encourage the respect, protection and fulfilment of civil and political rights.

The ACT Act in action

After setting an example for other states and the Commonwealth, the rights culture in the ACT continues to grow and develop. Rights protection is being introduced in all levels of society, and like Victoria, involves training, awareness raising and not lengthy court cases.

Rights Protected in the Act:

  1. Recognition and equality before the law
  2. Right to Life
  3. Protection from torture and cruel, inhuman, or degrading treatment
  4. Freedom from forced work
  5. Freedom of movement
  6. Privacy and reputation
  7. Freedom of thought, conscience, religion and belief
  8. Freedom of expression
  9. Peaceful assembly and freedom of association
  10. Protection of families and children
  11. Taking part in public life
  12. Cultural rights: of ethnic, religious or linguistic minorities
  13. Property rights
  14. Right to liberty and security of person
  15. Humane treatment when deprived of liberty
  16. Children in the criminal process
  17. Fair hearing
  18. Protection of rights in criminal proceedings and against retrospective criminal law
  19. Right not to be tried or punished more than once

Useful Links

The ACT Government

ACT Bill of Rights Consultative Committee

Read about the Victorian Human Rights Charter