Document ID: chunk:federal_register_of_legislation:F2022L00850:reg:8
Version: federal_register_of_legislation:F2022L00850
Segment Type: reg
Provision Reference: reg 8
Character Range: 4647–6603

8  Human Rights Act statement
Section 40B(1) of the Human Rights Act 2004 (ACT) provides that it is unlawful for public authorities to act in a way that is incompatible with a human right or, in making a decision, fail to give proper consideration to a relevant human right. Accordingly, in making this exclusion in section 6, I have considered any relevant human rights that may be impacted as required by s40B. Section 27B(1) of the Human Rights Act 2004 provides that everyone has the right to work, including the right to choose their occupation or profession freely. I am satisfied that the making of the exclusion in section 6 would not be incompatible with the right to work and the right to choose an occupation or profession freely.
While the exclusion may limit the right to work, it is important to note that the making of the exclusion does not prevent an individual from carrying on an activity covered by the occupation of casino employee in the ACT. Rather, the making of the exclusion will mean that all individuals who wish to carry on an activity covered by the occupation of casino employee in the ACT must meet particular registration requirements set out in ACT law. Upon meeting the relevant registration requirements, individuals would be able to carry on an activity covered by the occupation of casino employee in the ACT. The registration requirements are a necessary, proportionate and reasonable measure through which safeguards are provided for public safety. Any limitation on the right to work is reasonable and justified because the exclusion will allow the ACT to address risks associated with the transitioning to AMR while ensuring there is no diminution in current levels of safeguards in relation to public safety. The exclusion will enable the risks to public safety to be addressed through the development and implementation of procedures and protocols to effectively monitor individuals working in the ACT under AMR.