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8 Protecting us all: 2012 report on the operation of the Charter of Human Rights and Responsibilities
Since the Charter took effect in 2008, Victoria's
public authorities have put in place systems to
ensure that the Charter is properly considered in
all aspects of government decision-making.
Public authorities are obliged to give proper
consideration to relevant human rights and to act
in ways that are compatible with human rights.
Accordingly, state government departments, local
government and statutory agencies have sought
to integrate human rights into their day-to-day
work of providing services to the community. This
chapter outlines the activities of government in
meeting their obligations under the Charter in
2012.
This chapter describes how the Charter is
being used to guide planning, consultation and
service delivery across government departments
and agencies in Victoria. It also highlights how
members of the public are using the Charter
to hold government to account. In particular,
complaints from the community citing the Charter
illustrate how people's rights can be infringed
when government adopts a `one-size-fits-all'
approach.
The Commission consulted with local and state
government officers and received feedback
about the need for practical examples of how
the Charter can be used to help deliver better
outcomes. This report seeks to address that need
by including case studies of the many ways that
government departments, local government and
other public authorities are using the Charter
in their work and upholding the rights that it
protects.
Assistance from the Commission
The Commission has a role to assist public
authorities to apply the Charter in their
operations, by providing education about
human rights and through conducting reviews
under the Charter at the request of public
authorities. We also seek to be a source
of information and advice when agencies
establish or review a policy, scheme or
procedure. The training provided by the
Commission on the Charter has two main
audiences: those with responsibilities under
the Charter and those who might use the
Charter to advocate for their rights or the
rights of others. In 2012, the Commission
trained numerous local governments and
government departments. These groups have
a legal obligation to respect human rights and
to give proper consideration to human rights
in their decision-making. The Commission's
training provides guidance and practical
insight into how this can be realised, drawing
on more than four years of case law and the
experiences of public authorities committed
to implementing human rights principles in
their everyday work. Our training seeks to
assist all employees of public authorities in
understanding how the Charter intersects with
their particular roles. For example, we have
supported home and aged care workers to
recognise their particular obligations under
the Charter, as well as how they might use
the Charter to advocate on behalf of their
clients with other service providers. We have
also worked closely with senior management
in local councils to demonstrate how they
can give proper consideration to human
rights in their project planning. In addition,
we provided training for disability service
providers, who asked for assistance in
bringing a human rights-based approach
to the many challenging decision-making
scenarios involved in their work. Similarly, we
held discussions on the Charter with people
with disabilities and their families and carers,
which has enabled them to negotiate better
outcomes with service providers and, where
necessary, to hold them to account. We also
ran programs to explain to members of the
Victorian public, including newly-arrived
communities, how they might use the Charter
to ensure that their rights are respected when
they access services.
Fact sheets, tools and tips on the
Charter for government workers are
available on the Commission's website:
humanrightscommission.vic.gov.au.
This information is complemented by a
"mini-site" ­ Protecting Us All; available at
humanrights.vic.gov.au ­ which provides
accessible, easy-to-read information on the
Charter to a broader audience.