Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 6040

    (1)     This rule applies if the human rights commissioner wishes to intervene in a proceeding under the “b title="A2004-5">Human Rights Act 2004

, section 36.

Note     Under the “b title="A2004-5">Human Rights Act 2004

, s 36, the human rights commissioner may intervene in a proceeding before a court that involves the application of that Act with the leave of the court.

    (2)     The human rights commissioner must file in the court an application for leave to intervene.

Note     See approved form 6.33 (Application for leave to intervene) AF2012-198

    (3)     The application must be supported by an affidavit setting out the reasons why leave should be given.

    (4)     As soon as practicable after the application is filed, a copy of the application and the supporting affidavit must be served on—

        (a)     the Attorney-General; and

        (b)     each active party to the proceeding.

    (5)     If the court gives the commissioner leave to intervene, the commissioner must—

        (a)     file a notice of intervention; and

Note     See approved form 6.32 (Notice of intervention) AF2012-197

              (ii)     each active party to the proceeding.