Legislative Assembly for the ACT: 2022 Week 12 Hansard (Thursday, 1 December 2022) . . Page.. 4141 ..
Inquiries Act, pursuant to section 14A—Final report—Inquiry into the Legislative, Workplace Governance and Clinical Frameworks of Dhulwa Secure Mental Health Unit, dated 11 November 2022.
Health Practitioner Regulation National Law Regulation 2018, pursuant to subsection 29(c)—National Health Practitioner Ombudsman and Privacy Commissioner—Annual report 2021-22.
Office of the National Rail Safety Regulator—Annual report 2021-2022, dated June 2022.
Urban tree canopy coverage—Assembly resolution of 31 March 2021—Government response—Second update—2022 Report to the Legislative Assembly of the Australian Capital Territory, dated November 2022.
Waste Management and Resource Recovery Act, pursuant to subsection 64U(2)—ACT Container Deposit Scheme—Annual Report 2021-2022.
Human Rights Act—declaration of incompatibility—government response
MR GENTLEMAN (Brindabella—Manager of Government Business, Minister for Corrections, Minister for Industrial Relations and Workplace Safety, Minister for Planning and Land Management and Minister for Police and Emergency Services) (2.52): Pursuant to standing order 211, I move:
That the Assembly take note of the following paper:
Human Rights Act, pursuant to subsection 33(3)—Corrections Management Act—Declaration of incompatibility, dated 21 April 2022—Government response.
MR RATTENBURY (Kurrajong—Attorney-General, Minister for Consumer Affairs, Minister for Gaming and Minister for Water, Energy and Emissions Reduction) (2.52): I speak in relation to the declaration of incompatibility made by Her Honour, Justice Loukas-Karlsson on 21 April 2022 in the matter of Davidson v Director-General, Justice and Community Safety Directorate.
Justice Loukas-Karlsson made the declaration in relation to clause 4.3 of the Corrections Management (Separate Confinement) Operating Procedure 2019. The proceedings related to the use of the rear courtyards of the management unit in the Alexander Maconochie Centre to provide detainees in solitary or separate confinement with access to open air and exercise, in compliance with the Corrections Management Act.
The declaration stated that clause 4.3 was incompatible with the right to be treated with humanity and with respect for the inherent dignity of the human person while deprived of liberty.
On 9 June this year, I tabled the declaration of incompatibility in the Assembly, in accordance with section 33(2) of the Human Rights Act. Today, pursuant to section 33(3) of that Human Rights Act, I present the government’s response to the declaration.