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Legislative Assembly for the ACT: 2003 Week 12 Hansard (18 November) . . Page.. 4249 ..

MR STANHOPE (continuing):

practical reasons either the government or the scrutiny of bills committee fails to report before legislation is considered, this will not effect the validity of laws passed by the Assembly. I want to assure you that this is not a backdoor way out of our obligations. I have no doubt that, if such a situation did arise, members would make their feelings known about it.

The bill also establishes the office of Human Rights Commissioner. By making the Discrimination Commissioner the Human Rights Commissioner, we avoid an unnecessary proliferation of institutions. The Human Rights Commissioner will have several functions, namely, to review territory law, conduct education programs and report to the Attorney-General on any matter relating to the Human Rights Act.

The commissioner will also have a right of intervention in proceedings that concern the interpretation and application of the act. However, this right may only be exercised with the leave of the court or tribunal. Again it is expected the commissioner's intervention powers will be exercised sparingly and only in cases where there is a significant public interest at stake.

There will be a consequential amendment to the Annual Reports (Government Agencies) Act 1995 requiring government departments and authorities to include a statement describing measures taken to respect, protect and promote human rights. This will promote a more conscious consideration of human rights issues by territory authorities.

I have outlined the key components of this bill. It is also incumbent on me to clarify what this bill will not do so as to avoid any confusion in the media, among members of this chamber or in the wider community.

The bill I introduced today does not create a new right of action against a public authority on the ground that conduct is inconsistent with human rights as recommended by the consultative committee. My government considers that at this time creating a new right of action would not be appropriate. However, an action that is allegedly based on an incorrect interpretation of the law will be open to judicial review and administrative law remedies. These remedies are already available.

Nor will the Human Rights Act allow complaints to the Human Rights Commissioner. The government agrees with the consultative committee that involving the Human Rights Commissioner in complaints handling would conflict with the primary responsibility of the courts and tribunals to interpret ACT law.

As part of our ongoing commitment to exploring how human rights protection can be strengthened, we have included an obligation to review and report to the Assembly within five years of the commencement of the bill. This doesn't preclude us from looking at matters early in the life of the act and, as a statute of the parliament, if it is necessary to make amendments we have the ability to do so, subject of course to the agreement of the Assembly.

The bill that I present today is the very first human rights legislation in this jurisdiction or anywhere in Australia. We have had the benefit of being able to draw on the experience of comparable jurisdictions such as New Zealand, the UK and Canada to

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