Responsibilities of public authorities

Human rights responsibilities of public authorities

Under the Human Rights Act, all ACT government agencies, or people or organisations who do government work, are public authorities. This includes Child and Youth Protection Services, the Education Directorate (including public schools), Access Canberra, ACT government funded health services (hospitals and clinics), ACT Policing, Corrective Services, Housing ACT, social housing providers and public service employees.

The Human Rights Act requires all ACT public authorities to:

  • Act consistently with human rights. A public authority can only act in a way that limits human rights if it is justifiable in a free and democratic society.
  • Consider relevant human rights when making decisions that affect you or your family. A public authority must give proper consideration to human rights when making decisions. This is a procedural obligation — it directs public authorities to actively and properly incorporate human rights into decision-making processes where relevant. They should also be able to provide documentary evidence that they have done this.

Types of public authorities

The Act places obligations on three types of public authorities in the ACT.  Federal government agencies and services are not covered by the Act.

Core public authorities

These authorities must comply with human rights in all their activities. They include:

  • ACT Government directorates and departments.
  • Statutory agencies and Territory Authorities and Corporations such as CIT, ACTEW Corporation, Public Trustee for the ACT
  • ACT Government Ministers
  • Australian Federal Police officers, when they are acting as ACT Policing (the community policing arm of the AFP operating under ACT legislation).
  • Public servants, statutory office-holders (like ACT Commissioners) and their employees; and employees of territory instrumentalities.

The Legislative Assembly and ACT courts are excluded, except when they are acting in an administrative capacity.

Functional public authorities

These are private bodies or community organisations with public functions — for example, a private housing provider which provides government funded social housing. Whether an organisation is a public authority will depend on factors like its functions being identified with government functions, being regulatory in nature and the entity being funded by government to perform the function.

Optional public authorities

Private bodies performing private functions can opt in to comply with human rights under section 40D of the Act.