Australian Capital Territory Current Acts

HUMAN RIGHTS ACT 2004 - SECT 40C

    (1)     This section applies if a person—

        (a)     claims that a public authority has acted in contravention of section 40B ; and

        (b)     alleges that the person is or would be a victim of the contravention.

    (2)     The person may—

        (a)     start a proceeding in the Supreme Court against the public authority; or

        (b)     rely on the person's rights under this Act in other legal proceedings.

    (3)     A proceeding under subsection (2) (a) must be started not later than 1 year after the day (or last day) the act complained of happens, unless the court orders otherwise.

    (4)     Without limiting subsection (3), the court may order that a proceeding under subsection (2) (a) be started after the period stated in subsection (3) if—

        (a)     the person making the claim has made a human rights complaint to the commission under the Human Rights Commission Act 2005

, section 41D about the act within the period stated in subsection (3); and

        (b)     it is unreasonable in the circumstances for the period to apply to the proceeding.

    (5)     The respondent to a proceeding started under subsection (2) (a) is—

        (a)     if the public authority is a public authority mentioned in section 40 (1) (a) to (e) or (g)—the public authority; or

        (b)     if the public authority is a public employee who is a statutory office-holder—the statutory office-holder; or

        (c)     if the public authority is any other public employee—the Territory; or

        (d)     if the public authority is an entity for whom a declaration is in force under section 40D—the entity.

    (6)     The Supreme Court may, in a proceeding under subsection (2), grant the relief it considers appropriate except damages.

    (7)     This section does not affect—

        (a)     a right a person has (otherwise than because of this Act) to seek relief in relation to an act or decision of a public authority; or

        (b)     a right a person has to damages (apart from this section).

Note     See also s 18 (7) and s 23.

    (8)     In this section:

"public authority" includes an entity for whom a declaration is in force under section 40D.