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HUMAN RIGHTS ACT 2004

Table of Provisions

PART 1--PRELIMINARY

  • 1 Name of Act  
  • 3 Dictionary  
  • 4 Notes  

PART 2--HUMAN RIGHTS

PART 3--CIVIL AND POLITICAL RIGHTS

  • 8 Recognition and equality before the law  
  • 9 Right to life  
  • 10 Protection from torture and cruel, inhuman or degrading treatment etc  
  • 11 Protection of the family and children  
  • 12 Privacy and reputation  
  • 13 Freedom of movement  
  • 14 Freedom of thought, conscience, religion and belief  
  • 15 Peaceful assembly and freedom of association  
  • 16 Freedom of expression  
  • 17 Taking part in public life  
  • 18 Right to liberty and security of person  
  • 19 Humane treatment when deprived of liberty  
  • 20 Children in the criminal process  
  • 21 Fair trial  
  • 22 Rights in criminal proceedings  
  • 23 Compensation for wrongful conviction  
  • 24 Right not to be tried or punished more than once  
  • 25 Retrospective criminal laws  
  • 26 Freedom from forced work  
  • 27 Cultural and other rights of Aboriginal and Torres Strait Islander peoples and other  

PART 3A--ECONOMIC, SOCIAL AND CULTURAL RIGHTS

  • 27A Right to education  
  • 27B Right to work and other work-related rights  

PART 3B--LIMITS ON HUMAN RIGHTS

PART 4--APPLICATION OF HUMAN RIGHTS TO TERRITORY LAWS

  • 29 Application of pt 4  
  • 30 Interpretation of laws and human rights  
  • 31 Interpretation of human rights  
  • 32 Declaration of incompatibility  
  • 33 Attorney-General's action on receiving declaration of incompatibility  
  • 34 Notice to Attorney-General and commission  
  • 35 Attorney-General's right to intervene on human rights  
  • 36 Human rights commissioner may intervene  

PART 5--SCRUTINY OF PROPOSED TERRITORY LAWS

  • 37 Attorney-General's statement on government bills  
  • 38 Consideration of legislation by relevant Assembly committee  
  • 39 Noncompliance with s 37 and s 38  

PART 5A--OBLIGATIONS OF PUBLIC AUTHORITIES

  • 40 Meaning of public authority  
  • 40A Meaning of function of a public nature  
  • 40B Public authorities must act consistently with human rights  
  • 40C Legal proceedings in relation to public authority actions  
  • 40D Other entities may choose to be subject to obligations of public  

PART 6--MISCELLANEOUS

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