techniques to promote human rights.
the Commission intends to establish a public
sector human rights network in 2013. The network
will promote understanding of the Charter and
provide a forum to share good practice and
examples of how the Charter is used to guide
policy decisions by public authorities.
better decision making
existing frameworks that guide the actions of
government, including legislation, regulations,
policies and codes. It acts as a safeguard when
government power or actions may infringe on
human rights. The Department of Health, for
example, has used the Charter to ensure that
new legislation around restrictive interventions
in mental health services and emergency
departments complies with human rights. The
Reducing Restrictive Interventions project aims to
support health services to comply with legislation
and to recognise and support the rights of
people with a mental illness. As part of this
project, the Department will develop a framework
to provide direction about how health services
can deliver best practice.
infringement and criminal prosecution matters.
Prosecutors within the Department have
developed tools to support compliance with
section 24 of the Charter, which recognises
a person's right to a fair trial. In particular,
prosecutors can now draw on a manual for
Charter compliance, which includes a checklist
for complaint practices in relation to self-
represented litigants, legal representation and
interpretation of legislation. The manual also
includes a reference to assist prosecutors identify
when particular human rights might be affected
and provides guidance for how to respond.
Prosecutors also receive training on the ways in
which the Charter is relevant to the prosecutions
they undertake, including how the prosecution is
conducted.
existing frameworks that protect rights. Some
Victorian laws recognise the rights and
responsibilities of particular individuals, such
as the Disability Act 2006. The Charter works
together with this legislation to provide a broad
range of human rights protections, including in
situations not regulated by the Act.
(VLRC) has recommended that human
rights considerations be included in the
principles guiding new guardianship
laws. In its review of guardianship
laws, completed in 2012, the VLRC
recommended that new legislation should
contain general principles to explain the
values upon which the law is based and
guide the interpretation of these laws.
The VLRC noted that:
balancing, and sometimes prioritising
between, the fundamental values
of autonomy and beneficence,
guardianship legislation should include
principles that clearly explain the
policies implemented by the law. Those
principles would also guide people
such as tribunal members, the
Public Advocate, State Trustees, and
guardians and administrators when
applying that legislation and exercising
power over the lives of others."
the Charter already forms part of the
framework of human rights protections
in Victoria, there is significant value in
recognising the Charter as a legitimate
source of interpretation of Victorian
guardianship laws. It recommended
that the general principles in new
guardianship laws recognise that people
with impaired decision-making ability
have a number of rights, including:
members of the community, including
those set out in the Charter and the
Convention on the Rights of Persons
with Disabilities
respected by others.
limitations on the rights and freedoms of
a person with impaired decision-making
ability to make their own decisions
must be justified, reasonable and
proportionate.