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Victorian Charter of Human Rights
The Victorian Government is currently reviewing the Charter of Human Rights and Responsibilities Act. This review could result in the Charter being strengthened and streamlined, weakened, or even repealed. The Government position is being coordinated by the Office of the Premier and the Department of Premier and Cabinet. It is likely that a decision on [...]
Victoria will become the first state in the developed, democratic world to substantially weaken the legal protection of human rights if the recommendations of a parliamentary committee on the future of the Victorian Charter of Human Rights are accepted. The Scrutiny of Acts and Regulations Committee today tabled its review of the Victorian Charter of [...]
In a landmark decision, the High Court of Australia has upheld the validity, operation and importance of Victoria’s Charter of Human Rights. In the case of Momcilovic v The Queen & Ors [2011] HCA 34 (8 September 2011), the High Court held that the Charter protects fundamental human rights and maintains parliamentary sovereignty. By a [...]
Reform of the regulation, training and monitoring of police use of force is necessary to enhance community safety and ensure Victoria Police comply with human rights. Victoria Police use force, on average, every 2.5 hours. Almost three quarters of these incidents involve the use of capsicum spray. There have been at least 12 people shot [...]
The HRLC has made a further submission to the review of the Victorian Charter in response to issues raised in other public submissions to the Scrutiny of Acts and Regulations Committee. The further submission addresses some of the views expressed in relation to the operation of the Victorian Charter that are unfounded in evidence or [...]
P J B v Melbourne Health & Anor (Patrick’s case) [2011] VSC 327 (19 July 2011) Summary In this case, the Supreme Court of Victoria held that the Victorian Civil and Administrative Tribunal had both failed to interpret law consistently with human rights and had itself failed to act compatibly with human rights in appointing [...]
About the Review The Victorian Attorney-General recently announced a review of the Charter of Human Rights and Responsibilities Act 2006 (Victorian Charter) after four years of its operation. The review is to be conducted by the Scrutiny of Acts and Regulations Committee (SARC), which is due to report to Parliament by 1 October 2011. Further [...]
The HRLC has made a submission to the review of the Victorian Charter, which is being undertaken by the Scrutiny of Acts and Regulations Committee. Using an evidence-based approach, the HRLC has emphasised that the review should be used as an opportunity to strengthen the Charter and certainly not, in any way, to limit or [...]
On 5 May 2011, the Victorian Equal Opportunity and Human Rights Commission’s 2010 Report on the operation of the Charter of Human Rights and Responsibilities, entitled Talking Rights, was tabled in Parliament. Each year, the Commission is required to submit a report to parliament which examines the operation of the Charter, including its interactions with [...]
On 1 and 2 May 2011 there were two police shootings in Victoria, one of which was fatal. In response, the Federation of Community Legal Centres, Flemington Kensington Community Legal Centre, Darebin Legal Centre and the Human Rights Law Centre wrote to three Victorian Ministers requesting that an independent body be properly empowered and resourced [...]
Ever since its enactment in 2006 as the first state human rights act, the Victorian Charter of Human Rights and Responsibilities has attracted exaggerated claims from politicians, being described as everything from ‘powerful’ and ‘transformative’ to ‘dangerous’ and ‘weak’. Five years on the Charter is being reviewed. It is imperative that this review be guided [...]
The review of the Charter of Human Rights and Responsibilities announced by the Attorney-General, the Hon Robert Clark, today is a significant opportunity to improve the promotion and protection of human rights in Victoria says a leading human rights centre. The review, which is to be conducted by the parliamentary Scrutiny of Acts and Regulations [...]
A new approach is needed for how Victoria Police handle confrontation with young people in crisis and investigations into serious police violence need to be independently conducted, the Human Rights Law Resource Centre said.
The HRLRC recently made submissions on the correct approach to the application of the Charter of Human Rights and Responsibilities Act 2006 (Vic) in the High Court of Australia. The appeal from the decision of the Court of Appeal of the Supreme Court of Victoria in R v Momcilovic (2010) 265 ALR 751, was heard in [...]
In November 2010, the Victorian Department of Health released an Exposure Draft of the Mental Health Bill 2010 for public comment. The current Mental Health Act 1986 (Vic) is more than 20 years old and reflects an outdated and inappropriate approach to the care and treatment of people with mental illness. The HRLRC has made [...]
On 10 December 2010, a coalition of over 70 human rights NGOs, community organisations, corporations and religious groups wrote to the new Victorian Attorney-General, the Hon Robert Clark MP, calling on him to strengthen the Charter of Human Rights and Responsibilities Act. The signatories wrote that, overall, the Charter has had a positive impact on: [...]
On 20 October 2010, the Tasmanian Government released a ‘Directions Paper’ proposing a Charter of Human Rights and Responsibilities for Tasmania. The Government is seeking responses to the paper by 14 January 2011. The HRLRC has prepared a comprehensive submission, Towards a Tasmanian Charter of Human Rights, which recommends that a Tasmanian Charter have the [...]
On 2 December 2010, the Human Rights Law Resource Centre, wrote to the Hon Robert Clark MP, Attorney-General for Victoria in the new Baillieu Government, setting out ten policies which the Centre considers the Victorian Government should implement as a matter of priority for a stronger, fairer and safer Victoria. Respect for human rights is one of the [...]
On 6 September 2010, the Human Rights Law Resource Centre filed an application for leave to make submissions to the Victorian Court of Appeal in the matter of Director of Housing v Sudi. The matter is an appeal from the decision of Bell J, sitting as President of VCAT, in Director of Housing v Sudi [2010] [...]
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 [...]
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 [...]
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 [...]
Director of Housing v Sudi [2010] VCAT 328 (31 March 2010) Justice Bell, sitting as President of the Victorian Civil and Administrative Tribunal, has held that the Director of Housing acted unlawfully under s 38(1) of the Charter in seeking, without adequate justification, to evict a refugee family from social housing in breach of their [...]
On 9 March, the Equal Opportunity Bill 2010 was introduced into Victorian Parliament. The proposed legislative reforms include the establishment of new mechanisms designed to respond to systemic discrimination and promote substantive equality. The reforms respond to a major review of the Equal Opportunity Act 1995 conducted by Julian Gardner in 2007-2008 which found that [...]
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 [...]
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 [...]
The excessive use of force by police or inhumane treatment of persons in police custody undermines the integrity of a State’s operations. It also breaches the right to life and the right to freedom from torture and cruel, inhuman and degrading treatment (ill-treatment) which are protected by ss 9 and 10 of the Victorian Charter. [...]
The UK Equality and Human Rights Commission has just released a major research report on ‘Developing a Bill of Rights for the UK’. The report aims to ‘identify and explore best practice processes for developing a new Bill of Rights for the UK’. The report analyses evidence from related domestic and international experiences (including the [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
The purpose of this training workshop is to equip lawyers to educate workers in community organisations about the Charter. Specifically, the objectives of the workshop are that the participants should be able to: Understand human rights and how they are protected in the Charter Identify relevant human rights in real life scenarios Understand how the [...]
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 [...]
The following primary documents can be downloaded here: Charter of Human Rights and Responsibilities Act 2006 (Vic) Explanatory Memorandum to Charter of Human Rights and Responsibilities Bill 2006 Second Reading Speech to Charter of Human Rights and Responsibilities Bill 2006 Charter of Human Rights and Responsibilities (General) Regulations 2007 (Vic) Charter of Human Rights and [...]
The Charter of Human Rights and Responsibilities Act 2006 (Vic) entered into full force on 1 January 2008. The Charter enshrines a body of civil and political rights derived from the International Covenant on Civil and Political Rights. These rights include: right to equality before the law; right to life; right to protection from torture [...]
The Human Rights Law Resource Centre has produced a comprehensive Guide to the Victorian Charter of Human Rights and Responsibilities (current as at 20 July 2007). The Guide contains the following sections: Overview of Charter Interpreting and Applying the Charter Substantive Rights and Limitations Scrutiny of Legislation Override Declarations Statutory Interpretation Public Authorities Remedies Victorian Equal Opportunity and [...]
Section 28 of the Victorian Charter of Human Rights and Responsibilities requires that a Statement of Compatibility must be prepared and tabled in respect of any proposed legislation. The Statement must specify, in the member’s opinion, whether and how the Bill is compatible with human rights and, if any part of the Bill is incompatible [...]
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] [...]
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 [...]
The Corrections Amendment Bill 2008 (Vic) was introduced to Parliament in July 2008. According to s 1 of the Bill, it ‘provides for the creation of prisoner compensation quarantine funds for the purpose of paying into those funds certain damages awarded to prisoners and to provide for the payments out of those funds of certain [...]
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 [...]
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 [...]
On 6 February 2008, the Centre’s Director, Phil Lynch, gave evidence as an expert witness in support of a Freedom of Information application for access to a report prepared by the Corrections Inspectorate regarding separation orders and high security and management units in Victorian prisons. The matter is being heard in the Victorian Civil and [...]
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 [...]
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 [...]
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 [...]
The HRLRC has made submissions to inquiries that have been conducted by both the Tasmanian and Western Australian governments into the need for comprehensive human rights legislation in those states: WA Human Rights Act Inquiry (Dec and Aug 2007) A Charter of Rights for Tasmania (Nov 2006)
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 [...]
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 [...]
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 [...]
On behalf of the HRLRC, Allens Arthur Robinson has prepared a Human Rights Education Strategy Report (‘Report’). The Report is an excellent summary of human rights education programs in South Africa, the United Kingdom, the Australian Capital Territory and New Zealand. With recent experience from those jurisdictions demonstrating that education is critical to the effective [...]
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