Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2012 (NO 2) (NO 43 OF 2012) - REG 6

insert

407A     Pleadings in human rights proceedings—generally

    (1)     This rule applies to a proceeding if a party to the proceeding relies on the Human Rights Act 2004

for relief.

    (2)     The party's pleadings must state—

        (a)     the human right that the party relies on, including—

              (i)     the relevant content of the right; and

              (ii)     any particular aspect of the right that the party relies on; and

        (b)     the facts on which the party relies to assert that the Human Rights Act 2004

applies to the proceeding; and

        (c)     the relief sought.

407B     Pleadings in human rights proceedings—public authorities

    (1)     This rule applies to a proceeding to which the Human Rights Act 2004

, section 40C applies.

Note     The Human Rights Act 2004

, s 40C applies if a person—

        (a)     claims that a public authority has acted in contravention of that Act, s 40B (Public authorities must act consistently with human rights); and

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

    (2)     The plaintiff's pleading must state—

        (a)     the human right the plaintiff alleges was breached in contravention of the Human Rights Act 2004

, section 40B; and

        (b)     the details of the alleged breach; and

        (c)     the relief sought.