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2020-02-11 Services and Organisation Committee Agenda
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 FEBRUARY 2020
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 FEBRUARY 2020
COUNCIL POLICY - HUMAN RIGHTS
15. Your right to liberty and security of person
The right to liberty includes the right to not be arrested or detained except in accordance with the
law. The right to security means that reasonable steps must be taken to ensure the physical safety
of people who are in danger of physical harm.
16. Your right to humane treatment when deprived of liberty
People have the right to be treated with humanity if they are accused of breaking the law and are
detained.
17. Your right to a fair hearing
A person has a right to a fair hearing. This means the right to have criminal charges or civil
proceedings decided by a competent, independent and impartial court or tribunal after a fair and
public hearing.
18. Rights in criminal proceedings
There are a number of minimum guarantees that you have when you have been charged with a
criminal offence as outlined in section 32 of the Act.
19. Rights of children in the criminal process
A child charged with committing a crime or who has been detained must not be held with adults;
must be brought to trial as quickly as possible and treated in a way that is appropriate for their age.
20. Right not to be tried or punished more than once
A person will only go to court and be tried once for a crime.
21. Retrospective criminal laws
A person has the right not to be prosecuted or punished for things that were not criminal offences at
the time they were committed.
22. Right to education
Every child has the right to primary and secondary schooling. Every person has the right to have
access to further vocational education, based on their ability.
23. Right to health services
Everyone has the right to access health services without discrimination. This right also states that
nobody can be refused emergency medical treatment.
Application of the Act
The Act creates a ‘dialogue model’ of specific rights that are designed to ensure that human rights
are considered in the development of laws and policies; in the delivery of public services; and, in
government decision-making. Essentially, the Act aims to ensure that public powers and functions
are exercised in a principled way and that public power is not misused. The Act further complements
a number of other pieces of legislation that are aimed at regulating the relationship between
individuals and the state.
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