You will need to consider s. 9 in assessing legislation, a policy or a program where it:

  • amends the law on withdrawal of medical treatment, including the processes and procedures in place for an enduring power of attorney;
     
  • creates or amends policy or practices permitting law enforcement officers to use force, including the use of weapons in the course of their duties;
     
  • amends the laws in relation to the use of deadly force and in particular the defences to homicide, or alters the operation of those laws;
     
  • affects the delivery of medical resources for patients;
     
  • impacts on the way in which essential medical or welfare services are provided to members of vulnerable groups within the community, including parental control over children’s lifesaving medical treatment;
     
  • establishes procedures for the management of individuals held in state care;
     
  • amends the law on suicide or euthanasia;
     
  • establishes or amends the law on coronial inquests.

    These policy triggers are not comprehensive.

When considering whether a policy proposal or program might give rise to an issue under s. 9, you should also consider whether it places restrictions on the following rights:

  • protection from torture and cruel, inhuman or degrading treatment (s. 10);
     
  • the right not to be arbitrarily arrested or detained (s. 21);
     
  • the right to humane treatment when deprived of liberty (s. 22).