s36 – Declaration of Inconsistent Interpretation

Momcilovic v The Queen [2011] HCA 34 (8 September 2011)

High Court affirms constitutionality of Charter and considers key interpretative provisions Momcilovic v The Queen [2011] HCA 34 (8 September 2011) Summary The High Court’s decision in Momcilovic v The Queen upholds the constitutional validity of the Charter of Human Rights and Responsibilities Act 2006 (Vic). However, the six separate judgments provide varied guidance as [...]

Noone, Director of Consumer Affairs Victoria v Operation Smile (Australia) & Ors (No 2) [2011] VSC 153 (19 April 2011)

Court will Determine whether a Declaration of Inconsistent Interpretation should be Made During Primary Hearing Noone, Director of Consumer Affairs Victoria v Operation Smile (Australia) & Ors (No 2) [2011] VSC 153 (19 April 2011) The case involved an application brought by the Director of Consumer Affairs Victoria against the Hope Clinic. The application sought [...]

In the Matter of an Application for Bail by Isa Islam [2010] ACTSC 147 (19 November 2010)

Is a Presumption Against Bail Consistent with Human Rights?  ACT Supreme Court Rules on Human Rights and the Interpretation of Legislation In the Matter of an Application for Bail by Isa Islam [2010] ACTSC 147 (19 November 2010) The ACT Supreme Court has declared that a provision of the ACT Bail Act 1992 is inconsistent [...]

WBM v Chief Commissioner of Police [2010] VSC 219 (28 May 2010)

Victorian Supreme Court Adopts Narrow View of Right to Privacy and Eschews International Jurisprudence WBM v Chief Commissioner of Police [2010] VSC 219 (28 May 2010) This case raises the rights to privacy (s 13) and freedom from retrospective punishment (s 27), interpretation of legislation (s 32) and declarations of inconsistency (s 36) under the [...]

F & Anor, R (on the application of) v Secretary of State for the Home Department [2010] UKSC 17 (21 April 2010)

Imposition of Unreviewable Lifetime Reporting Requirements on Sexual Offenders a Disproportionate Intrusion on Private Life F & Anor, R (on the application of) v Secretary of State for the Home Department [2010] UKSC 17 (21 April 2010) This case concerned lifetime reporting requirements for sex offenders.  The Supreme Court of the United Kingdom decided that [...]

R v Momcilovic [2010] VSCA 50 (17 March 2010)

Court of Appeal Makes Declaration of Inconsistent Interpretation and Considers Statutory Interpretation and Limitations on Rights under the Charter R v Momcilovic [2010] VSCA 50 (17 March 2010) In a landmark decision, the Victorian Court of Appeal has unanimously held that: s 32(1) of the Charter is not a ‘special’ rule of statutory interpretation, but [...]

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 [...]

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.  [...]