Section 12A of the Subordinate Legislation Act 1994 requires human rights certificates to be prepared for statutory rules. These are similar to Statements of Compatibility for legislation. However, unlike statements (which have to establish compatibility or not) certificates need only specify the extent to which the rule limits any Charter rights.

The Department of Justice has developed a Guide to preparing Human Rights Certificates (employee guide). The Guide provides a short overview of when and how to prepare a Human Rights Certificate for statutory rules or legislative instruments, along with containing a template, links to precedent certificates, SARC reviews and further resources.

For further assistance in compiling a human rights certificate, contact the Human Rights Unit on 8684 0859.