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Focus Areas - Charters of Rights
Director of Public Transport v XFJ [2010] VSC 319 (29 July 2010)
The Victorian Supreme Court has affirmed the importance of a broad approach to the construction of human rights in the Charter, including appropriate reliance on international human rights law and comparative jurisprudence.
Facts
This case concerned the accreditation of XFJ to drive a taxi.
In 1990, XFJ [...]
Castles v Secretary to the Department of Justice [2010] VSC 310 (9 July 2010)
On 9 July 2010, the Supreme Court of Victoria found that the plaintiff, Kimberley Castles, is entitled under s 47(1)(f) of the Corrections Act 1986 to undergo IVF treatment. The finding overturns a decision by the Secretary of the Department of Justice [...]
On 18 June 2010, the Centre made a Submission to the Office of Police Integrity inquiry into the investigation of deaths associated with police contact. The HRLRC submitted that in order to discharge its obligations under the Victorian Charter, the Government needs to establish a human rights-compliant framework for the investigation of deaths associated with [...]
Castles v Secretary of the Department of Justice & Ors [2010] VSC 181 (4 May 2010)
The Supreme Court of Victoria has rejected an application by a female prisoner for an injunction restraining the Secretary of the Department of Justice from refusing to grant the permits and approvals necessary to access IVF treatment, contrary to the [...]
In a landmark decision, R v Momcilovic [2010] VSCA 50 (17 March 2010), the Victorian Court of Appeal has unanimously held that:
s 32(1) of the Charter is not a ‘special’ rule of statutory interpretation, but rather a statutory directive that requires all persons engaged in the task of statutory interpretation to ‘explore all possible interpretations [...]
XYZ v Victoria Police [2010] VCAT 255 (16 March 2010)
In a significant decision, Bell J has held that the right to freedom of expression under s 15(2) of the Victorian Charter ‘incorporates a positive right to obtain access to government-held documents’. His Honour found, however, that the Freedom of Information Act 1982 (Vic) is substantively [...]
The Severe Substance Dependence Treatment Bill 2009 (Vic), currently before Victorian Parliament, proposes to introduce short-term involuntary detention and treatment for persons with severe substance dependence in circumstances where it is necessary as a matter of urgency to save a person’s life or prevent serious damage to a person’s health.
The Human Rights Law Resource Centre [...]
On 15 December 2009, the Victorian Government passed new Regulations that declare the Adult Parole Board, the Youth Residential Board, and the Youth Parole Board (the Parole Boards) not to be “public authorities” for the purposes of the Charter of Human Rights and Responsibilities (the Victorian Charter). The effect of the Regulations is to allow [...]
The Victorian Government has introduced the Summary Offences and Control of Weapons Acts Amendment Bill, which will provide police with broad new powers to randomly search people in designated areas without any requirement that police officers have a reasonable suspicion of wrongdoing; to strip search people pre-arrest; and to move people on the basis of a [...]
In November 2008, the Centre was granted leave to appear as amicus curiae in a matter concerning the meaning of ‘public authority’ under the Victorian Charter. This is a question of great significance, as it is public authorities who are bound to act compatibly with and give proper consideration to human rights. The issue arose [...]
The ACT Government conducted an inquiry into the operation of the ACT Human Rights Act (the HR Act), and particularly sought input into the debate on protecting economic, social and cultural rights (ESC rights) within the HR Act. The HRLRC made a submission to the inquiry, arguing that all ESC rights in the International Covenant [...]
Centre Granted Leave to Appear as Amicus Curiae in Victorian Court of Appeal
On 22 July, the Centre was granted leave to appear and was heard as amicus curiae in the Victorian Court of Appeal in the matter of Momcilovic v R.
The matter concerns the application of the Charter and the interpretation of s 5 of the [...]
On 29 June 2009, the Human Rights Law Resource Centre made a short submission to the Victorian Law Reform Commission’s inquiry into Surveillance in Public Places entitled Surveillance in Public Places: A Human Rights Perspective. Its primary recommendation is that the Victorian Law Reform Commission’s draft principles to guide public place surveillance be amended to [...]
Centre Granted Leave to Appear as Amicus Curiae in Right to Life Test Case
On 17 June, the Centre was granted leave to appear as amicus curiae in the Victorian Supreme Court in the matter of Chief Commissioner of Police v Bryant (in his capacity as Coroner).
The case concerned a coronial inquest into the death of [...]
VCAT Makes Declaration of Breach of Human Rights in Major Charter Test Case
On 23 April 2009, Justice Bell, President of the Victorian Civil and Administrative Tribunal, handed down a much anticipated decision which discussed in detail important aspects of the application and operation of the Charter. The case concerned the compulsory medical treatment of a [...]
Human rights belong to everyone. The case studies on this page show that human rights are not just for lawyers, celebrities and criminals; they are an important tool that can help create a more just society where everyone receives a fair go. The case studies illustrate how human rights laws can be used to encourage [...]
In February 2009, the HRLRC made a Submission in response to a Corrections Regulations Exposure Draft 2009 (Vic) released by Corrections Victoria. The current Corrections Regulations 1998 are due to sunset in May 2009. The Proposed Regulations, together with a Regulatory Impact Statement, were released for public comment on 22 January 2009.
The submission addresses aspects of [...]
General Materials
Comparative and International Materials
Articles and Commentary – General Materials
Simeon Beckett, ‘Interpreting Legislation Consistently with Human Rights’, Paper to the 2007 National Administrative Law Forum, 14-15 June 2007
Carlo Carli MP, ‘The Victorian Charter of Rights and Responsibilities and Scrutiny in Victoria’, Paper to the Australia NZ Scrutiny of Parliament Conference, August 2007
Julie Debeljak, ‘Balancing Rights [...]
On 8 May 2008 the Minister for Health announced a review of the Mental Health Act 1986 (Vic). In December 2008 a Consultation Paper designed to stimulate discussion and raise key issues was released.
This submission by the Human Rights Law Resource Centre, Dignity, Equality, Freedom and Respect: A Human Rights-Based Approach to Mental Health [Word] [PDF], focuses [...]
The Victorian Department of Justice, in conjunction with the Standing Committee of Attorneys-General, recently announced that it was working on a national model Bill for a spent convictions scheme and invited the HRLRC to make a submission in relation to a draft Bill. The purpose of a spent convictions scheme is broadly to limit the [...]
“It would clearly test to destruction the tolerance of the ordinary red-blooded Australian to have a Pom getting off the plane from London and telling them how to run their country. So I shall not presume to say how the current human rights debate in this country should be resolved. But perhaps I may contribute [...]
In May 2008, the Victorian Government Department of Human Services commenced a broad review of mental health services.
People with mental illness in Victoria experience discrimination within society and the health care system which causes significant social disadvantage. The review aims to shift focus from a response based on illness and acute intervention to one emphasising [...]
In November 2007, the Attorney-General initiated an independent review to make recommendations in relation to particular aspects of the Equal Opportunity Act 1995 (Vic).
As part of the Review, the Reviewer, Julian Gardner, prepared a Discussion Paper which outlines the key questions to be considered by the Review. The Discussion Paper invited responses to a series [...]
Sir Gerard Brennan, ‘The Constitution, Good Government and Human Rights’, Paper delivered at Human Rights Law Resource Centre Seminar, Melbourne, 12 March 2008.
On 1 August 2007, the Human Rights Law Resource Centre made a submission, entitled Fostering a Human Rights Culture, to the Consultation Committee for the Proposed Western Australian Human Rights Act.
The submission was prepared with substantial input from Allens Arthur Robinson, one of Australia’s leading commercial law firms.
On 20 December 2007, the Consultation Committee released [...]
In conjunction with Native Title Services Victoria and DLA Phillips Fox, on 8 October 2007, the Centre made a Submission to the Victorian Environmental Assessment Council regarding Indigenous land management and cultural practices in the River Red Gums Forests.
The submission considers the application of the rights and obligations contained in the Charter of Human Rights and [...]
In August 2007, the Brumby Government introduced legislation, the Justice Legislation Amendment Bill 2007, which, among other things, provides for:
the interception or censorship of correspondence sent by or to prisoners; and
the use of firearms by prison officers when prisoners are attempting to escape.
The Bill was accompanied by a Statement of Compatibility under the Victorian [...]
In this paper, ‘What Difference can a Human Rights Charter Make?’, delivered to a joint seminar of the Human Rights Law Resource Centre and the Victorian Equal Opportunity and Human Rights Commission on 15 August 2007, Lord Robert Walker of the UK House of Lords reflects on his experience ‘judging’ human rights under the UK Human [...]
On 13 February 2007, the Human Rights Law Resource Centre made a submission to the Victorian Sentencing Advisory Council in response to their Discussion and Options Paper, entitled High-Risk Offenders: Post-Sentence Supervision and Detention.
As the Paper identifies, a scheme of post-sentence supervision and detention may be incompatible with or infringe a range of human rights under both [...]
On 21 December 2006, the Centre made a submission to the Victorian Law Reform Commission Civil Justice Review entitled, The Right to a Fair Hearing: The Relevance of the Charter of Human Rights and Responsibilities Act 2006 (Vic) to Civil Justice.
The submission considers the impact that the Victorian Charter, specifically the right to a ‘fair hearing’ [...]
In November 2006, the Human Rights Law Resource Centre and Blake Dawson Waldron made a joint submission to the Victorian Law Reform Commission Civil Justice Review, entitled ‘Why are Non-Parties Non-Starters? A Call for Clearer Procedures and Guidelines for Amicus Curiae Applications in Victoria’.
The submission sets out:
the distinction between amici curiae, interveners and other non-parties; [...]
On 29 November 2006, the HRLRC, with the substantial pro bono assistance of Allens Arthur Robinson, made a submission to the Tasmanian Law Reform Institute inquiry into the need for a Charter of Rights in Tasmania.
On 12 October 2007, the Tasmanian Law Reform Institute published its Report on A Charter of Rights for Tasmania.
The Report, [...]
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