Page 1961 - Week 06 - Thursday, 9 June 2022

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Justice Loukas-Karlsson made the declaration of incompatibility in relation to clause 4.3 of the Corrections Management (Separate Confinement) Operating Procedure 2019. This case arose from events that occurred in 2018 and 2019. Proceedings were commenced in September 2020 and the declaration was provided in writing to me on 5 May 2022.

The matter relates to the use of the rear courtyards of the management unit in the Alexander Maconochie Centre to provide access to open air and exercise, in compliance with section 45 of the Corrections Management Act 2007. I refer members to the declaration for the full details. Under section 33(3) of the Human Rights Act, as the Attorney-General, I must prepare a response to the declaration of incompatibility and present it to the Legislative Assembly not later than six months after today.

The ACT has a strong culture of human rights and was the first state or territory in Australia to introduce a legislative bill of rights. In addition to allowing the Supreme Court to make declarations of incompatibility and individuals to make human rights complaints, the Human Rights Act also requires new legislation introduced by the ACT government to be compatible with human rights. Even though the Human Rights Act commenced in 2004, this is only the second time a declaration of incompatibility has been made by the Supreme Court in the 18 years it has been operational.

I look forward to considering the issue raised in Justice Loukas-Karlsson’s judgement more closely and consulting closely with the Minister for Corrections, the Justice and Community Safety Directorate and other relevant stakeholders in finalising a response.

Question resolved in the affirmative.

COVID-19 public health emergency—Chief Health Officer report 27

MR GENTLEMAN (Brindabella—Manager of Government Business, Minister for Corrections, Minister for Industrial Relations and Workplace Safety, Minister for Planning and Land Management and Minister for Police and Emergency Services) (3.09): Pursuant to standing order 211, I move:

That the Assembly take note of the following paper:

Status of the Public Health Emergency due to COVID-19—Chief Health Officer Report 27—June 2022.

Question resolved in the affirmative.

Child and youth protection services report—government response

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