s06 – Application

Cobaw Community Health Services Limited v Christian Youth Camps Limited & Anor [2010] VCAT 1613 (8 October 2010)

Can a Commercial Entity Discriminate against People because of their Sexual Orientation on the Grounds of Its Religious Beliefs? Cobaw Community Health Services Limited v Christian Youth Camps Limited & Anor [2010] VCAT 1613 (8 October 2010) VCAT has recently ruled that a Christian adventure resort has discriminated against a gay youth suicide prevention group [...]

R v Conway, 2010 SCC 22 (11 June 2010)

Administrative Tribunals have Jurisdiction and Duty to Consider Human Rights Issues R v Conway, 2010 SCC 22 (11 June 2010) The Supreme Court of Canada has held that administrative tribunals with the authority to apply the law, have the jurisdiction to apply the Charter to the issues that arise in the proper exercise of their [...]

Secretary to the Department of Justice v Fletcher (Ruling No 3) [2009] VSC 503 (22 October 2009)

Supreme Court Considers meaning of ‘Proceeding’ to Determine Application of Charter pursuant to Transitional Provisions Secretary to the Department of Justice v Fletcher (Ruling No 3) [2009] VSC 503 (22 October 2009) Section 49(2) of the Charter states that the Charter ‘does not affect any proceedings commenced or concluded before the commencement of Part 2’. [...]

Kracke v Mental Health Review Board [2009] VCAT 646 (23 April 2009)

Failure to Review Involuntary Treatment a Breach of Human Rights Kracke v Mental Health Review Board [2009] VCAT 646 (23 April 2009) On 23 April 2009, Justice Bell, President of the Victorian Civil and Administrative Tribunal, handed down a significant decision which discussed in detail important aspects of the application and operation of the Charter.  [...]

De Simone v Bevnol Constructions and Developments Pty Ltd (2009) (Unreported, Supreme Court of Victoria, Court of Appeal, 3 April 2009)

Courts and Tribunals Directly Bound by Charter Rights De Simone v Bevnol Constructions and Developments Pty Ltd (2009) (Unreported, Supreme Court of Victoria, Court of Appeal, Neave JA and William AJA, 3 April 2009) The Court of Appeal held that courts and tribunals are bound by ss 24 (right to a fair hearing) and 25 [...]

State of Victoria v Turner [2009] VSC 66 (4 March 2009)

Supreme Court Considers Retrospective Operation of the Charter State of Victoria v Turner [2009] VSC 66 (4 March 2009) In this case, the Supreme Court of Victoria considered whether it was bound by the interpretive provision in s 32 of the Charter when determining whether the Victorian Civil and Administrative Tribunal made an error of [...]

Kortel v Mirik and Mirik [2008] VSC 103 (4 April 2008)

In this case, the Supreme Court was asked to consider the proper construction of s 6(2)(b) of the Charter, which provides that the ‘Charter applies to courts and tribunals to the extent that they have functions under Part 2’.  Part 2 of the Charter enshrines a body of civil and political rights largely derived from [...]