Commission that they develop and revise their
policies and procedures within a human rights
framework, from overall business planning to
local projects. The Charter is used in range of
ways, from individual project design to modelling
how government departments and agencies
carry out their core functions. For instance, the
Department of Business and Innovation applies
the Charter when documenting the business case
for projects in its Initiative Design Framework.
Using this Framework, "programs and legislation
are required to undertake a human rights impact
assessment and comply with Charter rights
(subject to any reasonable limitations)".
Charter in project planning. The Acting Privacy
Commissioner recognised the need for early
consideration of Charter rights in his submission
to the Victorian Information and Communications
Technology Advisory Committee regarding the
government's draft ICT strategy. The Acting
Commissioner's submission noted:
has the right not to have his or her privacy,
family, home or correspondence unlawfully
or arbitrarily interfered with". The right to
privacy protected by the Charter is broader
than the privacy protected by the Information
Privacy Act and encompasses not only
the protection of personal information but
also bodily, territorial, communications and
locational privacy. It is extremely important
that any prospective projects consider this
wider right to privacy, and recognise that
these new projects may have significant or
unintended privacy consequences...there is
a need to ensure that new technologies and
new projects do not unduly infringe on privacy
rights.
in their business planning and when reviewing
their business services manuals. For example,
in 2012, the Department of Human Services
reviewed its Residential Service Practice Manual
and Child Protection Manual, and the Department
of Premier and Cabinet applied the Charter in its
strategy for developing an inclusive workplace.
line with the Charter to ensure that services to the
community are provided in a way that supports
human rights.
integrated Human Rights, Access and Inclusion
Plan that will use the Charter as its framework.
the planning process for recent council initiatives,
including the establishment of a smoke-free
outdoor area policy.
recommend the adoption of a smoke-free
outdoors area policy, the Human Rights
Charter was considered to ensure the
proposal was consistent with human rights.
In particular two rights were assessed in both
their affirmative and impinging aspects. These
two rights were `freedom of movement' and
`protection of families and children'.
reasonably limited and how to balance competing
and equally valid rights through the introduction
of the policy. Council's Human Rights Guidelines
and discussion with the Manager of Governance
helped to achieve a fair and appropriate balance.
rights recognised at the international level, have
also informed the development of policies.
Mansfield Shire Council has prepared an Access
and Inclusion Charter and Action Plan which
recognises the human rights of everyone in
the community with reference to all relevant
human rights and equal opportunity legislation,
including the Charter. Council has also drawn
on the Convention on the Rights of the Child,
in developing policies for the provision of its
children's services, and the Convention on
the Rights of Persons with Disabilities, which
underpins the development and implementation
of its Disability Action Plans.
developed a resource for the treatment of
children who are intersex. The `Decision-Making
Principles for the Care of Infants, Children and
Adolescents with Intersex Conditions' were
developed with community advocates and
medical experts to guide decision-making in
this complex area. The resource brings together
medical, human rights, ethical and legal
considerations so that decisions about treatment
can be made in the best interests of the
person receiving care. The resource references
international human rights treaties, particularly
the Convention on the Rights of the Child, as a
source of guidance for decision-making.
Communications Technology Advisory Committee
(VICTAC) on Victorian Government ICT Strategy
Digital by Design Public Consultation Draft
(17 October 2012).