Twenty years of human rights protection in the Australian Capital Territory: what have we learned

In 2004, the Australian Capital Territory (‘ACT’) became the first Australian jurisdiction to enact human rights legislation. Victoria and Queensland have followed since, and the Australian Human Rights Commission recently renewed the call for federal human rights protection. Legislative developments in one jurisdiction can lead to reforms in others. As such, there is much we can learn from the ACT’s experience. This article investigates the impact and influence the Human Rights Act 2004 (ACT) has had in its first 20 years of operation based on interviews with lawyers and public servants who represent or work with human rights complainants or respondents. The findings suggest the legislation is having its greatest impact outside the courtroom by influencing decision-making processes within the executive and as a mechanism for resolving disputes early on. Barriers to access remain, notably a lack of awareness in the community and limited use of the legislation by the legal profession.