Charter of Human Rights and Responsibilities Act 2006/Part 4

Charter of Human Rights and Responsibilities Act 2006 - SECT 40

Intervention by Commission

40. Intervention by Commission

(1) The Commission may intervene in, and may be joined as a party to, any proceeding before any court or tribunal in which a question of law arises that relates to the application of this Charter or a question arises with respect to the interpretation of a statutory provision in accordance with this Charter.

(2) If the Commission intervenes in a proceeding under this section, then, for the purpose of the institution and prosecution of an appeal from an order made in that proceeding, the Commission may be taken to be a party to the proceeding. Charter of Human Rights and Responsibilities Act 2006 - SECT 41

Functions of the Commission

41. Functions of the Commission

The Commission has the following functions in relation to this Charter-

(a) to present to the Attorney-General an annual report that examines-

(i) the operation of this Charter, including its interaction with other statutory provisions and the common law; and

(ii) all declarations of inconsistent interpretation made during the relevant year; and

(iii) all override declarations made during the relevant year; and

(b) when requested by the Attorney-General, to review the effect of statutory provisions and the common law on human rights and report in writing to the Attorney-General on the results of the review; and

(c) when requested by a public authority, to review that authority's programs and practices to determine their compatibility with human rights; and

(d) to provide education about human rights and this Charter; and

(e) to assist the Attorney-General in the review of this Charter under sections 44 and 45; and

(f) to advise the Attorney-General on anything relevant to the operation of this Charter; and

(g) any other function conferred on the Commission under this Charter or any other Act. Charter of Human Rights and Responsibilities Act 2006 - SECT 42

Powers

42. Powers

The Commission has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions under this Charter. Charter of Human Rights and Responsibilities Act 2006 - SECT 43

Reports to be laid before Parliament

43. Reports to be laid before Parliament

(1) The Attorney-General must cause a copy of any report prepared by the Commission in accordance with section 41(a) or (b) (as amended under subsection (2), if applicable) to be laid before each House of Parliament on or before the 6th sitting day of that House after the Attorney-General has received the report.

(2) The Attorney-General may amend a report received under section 41(a) or (b) if the Attorney-General considers it necessary to do so to prevent disclosure of-

(a) the identity of any person whose human rights have, or may have been, contravened; or

(b) the identity of any person who may have contravened another person's human rights; or

(c) information that could, in the Attorney-General's opinion, harm the public interest.

(3) If the Attorney-General amends the report in accordance with subsection (2), he or she must present a statement that the report has been amended when laying the report before Parliament in accordance with subsection (1).