s12 - Freedom of Movement

Secretary of State for the Home Department v AP [2010] UKSC 24 (16 June 2010)

What Constitutes a Deprivation of Liberty?
Secretary of State for the Home Department v AP [2010] UKSC 24 (16 June 2010)
A recent decision of the UK Supreme Court has confirmed that certain control order restrictions may constitute a deprivation of liberty sufficient to engage the operation of art 5 of the European Convention on Human Rights. 
Facts
The [...]

PJB (Guardianship) [2010] VCAT 643 (17 May 2010)

Application of Charter to Guardianship and Administration
PJB (Guardianship) [2010] VCAT 643 (17 May 2010)
Justice Billings in the Victorian Civil and Administrative Tribunal has held that the appointment of an administrator to the estate of a represented person, PJB, was a justifiable restriction on PJB’s right to freedom of movement and right to privacy.
Facts
This was a [...]

Secretary to the Department of Justice v AB [2009] VCC 1132 (28 August 2009)

Interpretation and Limitation of Rights in relation to Extended Supervision of Sex Offender
Secretary to the Department of Justice v AB [2009] VCC 1132 (28 August 2009)
The Victorian County Court has handed down a decision which considers in some detail the application of the interpretative obligation in the Victorian Charter of Human Rights and Responsibilities Act.  [...]

AC (Guardianship) [2009] VCAT 1186 (8 July 2009)

Supervised Treatment and Limitations on the Rights of Persons with Disability under the Charter
AC (Guardianship) [2009] VCAT 1186 (8 July 2009)
This case concerns AC, a 26 year old man with a mild intellectual disability who has been living at Sandhurst since 2000.  Due to a history of assaultive and sexualised behaviours, AC was placed on [...]

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. 
Facts
The case concerned [...]