Professional Standards Command has introduced
a mechanism to identify whether human rights are
raised, directly or indirectly, in complaints made
by members of the public. When a complaint
about police is received, an investigator
considers whether human rights are relevant to
the circumstances of the complaint. Investigators
can then make recommendations to address
potential breaches of rights. The response
may range from addressing the issue with the
individuals involved to providing broad workplace
guidance about alternative approaches. For
instance, the right to protection from inhuman or
degrading treatment and the right to liberty and
security of person may be relevant to a complaint
about the excessive use of force. If a complaint
is made that an officer has used excessive
force, and an investigation reveals there is a
case to answer, the outcomes could range from
workplace guidance to disciplinary or criminal
charges.
public authorities can use feedback, inquiries and
complaints to improve their service delivery. This
information assists them to identify and review
"gaps" or adverse consequences of government
action. A query by an individual can also lead
to a broader review of policies and procedures.
For example, a parent asked their child's school
to provide a space for their child to pray. The
Department of Education and Early Childhood
Development worked with the school to consider
the request and provide a reasonable resolution
for the family and the school. In this way, the
Department was able to ensure the school acted
compatibility with the student's right to freedom
of thought, conscience, religion and belief, as
recognised under section 14 of the Charter.
Department of Education and Early Childhood
Development to seek a review of a decision
about the payment of fees. In responding to the
complaint, the Department reviewed its policies
about the waiver of fees in situations of financial
hardship. While the existing policy had included
human rights considerations, the revised policy
expressly requires decision makers to consider
the rights recognised in the Charter. As part
of the review, the Department also amended
its forms to include questions that could assist
students and their families to provide information
that might be relevant to the Department's
decision. It also provided scenario-based training
to staff to assist them in their decision-making.
from a member of the public who questioned
the requirement to provide personal information
The person was concerned that the information
sought could be a breach of privacy legislation,
as well as infringing their right to privacy under
the Charter. Consumer Affairs Victoria reviewed
the form and determined that providing the
information was not a formal requirement under
the legislative requirements. However, the
information was useful because it helped the
Registrar of Incorporated Associations to keep
in contact with incorporated associations, and to
perform its functions more efficiently. As a result,
Consumer Affairs Victoria advised the person
that providing the information was voluntary and
updated its forms and the general information it
provides to incorporated associations.
to consider the human rights aspects of the
feedback and complaints they receive about their
services. The Victorian Auditor-General's Office
(VAGO) reports that it systematically analyses
all the concerns and complaints it receives
from members of the public about the activities
of public sector agencies. VAGO considers
the issues raised by the enquiry, identifies the
sectors relevant to the enquiry, the source of
the enquiry and whether the person has been
referred to another body or agency. In this way,
concerns and complaints from the public about
the activities of public sector agencies can help
the Auditor-General decide on future audit topics
and areas for investigation. This process also
assists VAGO to identify improvements to the way
it provides services.
and their legal representatives works together
with internal review by authorities to ensure that
their actions are compatible with the Charter.
Feedback from the public can generate greater
consideration of the human rights impacts of
government decisions and reveal system-wide
issues for improvement.
important mechanism for improving human rights
outcomes in Victoria. In some instances, an
investigation by an independent body can assist
a vulnerable person to secure a change to a
practice or a policy. More broadly, the oversight
of government action allows for trends or
systemic issues to be identified and addressed.
and the Department of Human Services
developed a protocol where allegations of staff-
to-client assaults are notified to the Disability
Services Commissioner. The Commissioner