Human Rights Act 2004.

The Act under Part clarifies the meaning of human rights under the Act: (a) the civil and political rights in part 3; and (b) the economic, social and cultural rights in part 3A and adds that the Act is not exhaustive of the rights an individual may have under domestic or international law. Part 3 among the Civil and political rights lists recognition and equality before the law, right to life, rights in criminal proceedings and cultural and other rights specific of Aboriginal and Torres Strait Islander peoples and other minorities. The latter includes right to maintain, control, protect and develop their cultural heritage; languages and knowledge; kinship ties; and to have their material and economic relationships with the land and waters and other resources with which they have a connection under traditional laws and customs recognised and valued.
Part 3B recognizes that human rights may be subject only to reasonable limits set by laws that can be demonstrably justified in a free and democratic society; in deciding whether a limit is reasonable, all relevant factors must be considered. Part 4, Application of human rights to Territory laws, establishes that so far as it is possible to do so consistently with its purpose, an existing Territory law must be interpreted in a way that is compatible with human rights. The Part also clarifies what instrument to take into consideration in interpreting human rights, these include: international law, and the judgments of foreign and international courts and tribunals. If the Supreme Court is satisfied that the Territory law is not consistent with the human right, the Court may declare that the law is not consistent with the human right (the declaration of incompatibility). For proposed Territory laws Part 5 sets a scrutiny mechanism: the Attorney-General must prepare a written statement (the compatibility statement) about the bill for presentation to the Legislative Assembly. Part 5A concerns obligations of public authorities.