6.12 Human rights and subordinate legislation

After the commencement of the substantive provisions of the Human Rights Act (1 January 2020) all subordinate legislation tabled in the Legislative Assembly must be accompanied by a Human Rights Certificate.

A Human Rights Certificate must set out whether, in the opinion of the Member who has tabled the subordinate legislation, it is compatible or incompatible with the human rights set out in the Act, and set out reasons that explain how the instrument is compatible or otherwise, and the nature and extent of any incompatibility. Human Rights Certificates are to be prepared by the administering department.

If any amendment to a Human Rights Certificate is required, this should be done through a separate errata document.