How are human rights protected in ACT law? Can the government be sued if it breaches human rights?
The Act focuses on the interpretation of ACT laws, requiring courts, tribunals, decision makers and others authorised to act under ACT legislation to interpret legislation to be consistent with human rights as far as possible. As originally passed, the Act did not provide a new basis to bring a case to court or to seek compensation from the government. Rather, it was useful in cases brought under existing legal mechanisms, such as administrative law review or tort, as relevant legislation should be interpreted to be consistent with human rights, which might lead to a different result. However, following the Amendment Act, it is possible to bring an action against a public authority for breach of human rights. The Supreme Court can grant remedies for a breach of human rights as it sees fit, such as ordering a decision to be changed or an apology to be made, however it cannot order compensation. These provisions of the Amendment Act commence on 1 January 2009.
