compliance with the Charter evolving?
the Charter is being used as a practical tool to
assist public authorities in their decision-making
to achieve better outcomes for Victorians.
departments about how they use the Charter
in their service delivery, the Commission asked
specifically about its application in two areas
of work: risk management and recognising
Aboriginal cultural rights. These areas were
selected because reviewing risk management
processes helps highlight how organisations
are integrating human rights into their decision-
making, while looking at Aboriginal cultural rights
can illustrate the ways in which a specific Charter
right may be fulfilled in government service
delivery.
opportunities
which government departments and other public
authorities can identify potential human rights
issues in their existing practices, as well as in
projects and initiatives that they are planning.
decisions can also assist an organisation to
respond to and mitigate any adverse effects of
its actions. The rigorous consideration of human
rights in decision-making processes can also
contribute to better outcomes for individuals and
the community.
Government Risk Management Guidelines
and Australian Standards to develop their risk
management systems. Some government
departments specifically consider human rights
within this framework, along with other political,
economic, sociological, technological, legal and
environmental risks. The Department of Treasury
and Finance reports that human rights issues
should be considered as part of "business as
usual" environmental scanning.
all new organisational policies as part of its
standard policy development process. The
Charter is used to identify and monitor risks to
both the community and the police, using the
organisation's risk management framework. At the
local level, one Victoria Police regional unit has
incorporated the Charter into its police station
audit template. The audit template expressly
requires consideration of the human rights of
prisoners, as well as allocating specific human
rights responsibilities to members at each police
station within the region.
authorities to identify potential improvements to
existing program areas. For example, through
engagement with its stakeholders, Arts Victoria
and the Department of Premier and Cabinet
identified that access to arts venues for people
with disabilities was an area of risk in its work.
Arts Victoria, together with the Office for Disability
in the Department of Human Services, engaged
Arts Access Victoria to develop the Arts Disability
Action Plan Training Project. The project will help
build the capacity of organisations to improve
access to the arts for artists and audiences with
all types of disabilities.
environment of pressing constraints on
resources. The Commission considers there are
practical benefits associated with addressing risk
management through the lens of human rights.
The Commission is preparing a discussion paper
about the connections between human rights and
risk in organisational planning.
distinct cultural rights of the Aboriginal people of
Victoria. Section 19 of the Charter also states that
Aboriginal people hold distinct cultural rights and
must not be denied the right, with other members
of their community:
· to maintain and use their language
· to maintain their kinship ties
· to maintain their distinctive spiritual, material
waters and other resources with which they
have a connection under traditional laws and
customs.
Victorian Aboriginal Affairs Framework 2013
2018. The Framework outlines how government
will work with Aboriginal Victorians to create
equality of opportunity and outcomes for
Aboriginal Victorians and, in particular to "close
the gap" in Aboriginal disadvantage. Crucially,
the Framework recognises the important role
that culture plays for Aboriginal communities
and the role of government in supporting and
strengthening Aboriginal culture and promoting
awareness and understanding to the broader
community. A strong culture and engagement