This case raises issues in relation to the scope of human rights and the contradictions which will necessarily exist between statutory provisions such as s 191 of the Disability Act and the Charter. It is ultimately the case that decisions made under many of these provisions will be considered under the test for demonstrably justified and reasonable limits provided in s 7 of the Charter.
Detailed case note.
Found in 04. Disability, 2008, s07 - Limitations on Human Rights, Victoria, Victorian Charter Caselaw, Victorian Civil and Administrative Tribunal
