Pathways through complaints and courts Alleged breach of human rights by a public authority Cause of action under the HRA Positive duty on public authorities to • Act compatibly with HR. • Properly consider HR in decisions– including complying with participation duty. Administrative review Merits review available if decision is reviewable under AAT jurisdiction Decision may be substantively remade. Lodge complaint with Commission for conciliation If conciliation fails, the matter is unsuited to conciliation or the matter is urgent, proceed to court. Judicial review • Review under ADJR Act grounds, or • Constitutional judicial review (s 39B of the Judiciary Act) for jurisdictional error. Human rights raised in connection with another claim. For example a negligence claim or a bail proceeding. Lodge HR component with Commission. Commission terminates complaint. Continue with court proceeding in relevant court. Federal Court or Federal Circuit and Family Court 28 When applying the interpretive clause, courts may indicate that the legislation is not compatible with human rights. This does not invalidate the decision or the law under which it was made. Must be brought to attention of the Parliament by the Attorney-General, for consideration. HRA Remedies Admin Law Remedies Remedies for HRA breach may include: injunctions, orders requiring action, declaratory relief monetary damages, admin law remedies – e.g. quashing decision. ADJR: quashing or setting aside the decision; referring a decision back to the original decision-maker; declaratory relief; requiring parties to act or refrain from acting. Constitutional judicial review: writ of certiorari, writ of mandamus, writ of prohibition, injunction.