provided to clients and can review the adequacy
of the services provided. The Commissioner uses
a rights-based framework to assess the actions
of disability service providers.
told us that "a continuing theme identified and
reported on in inquiries relates to the lack of
engagement and participation of children and
young people in decision-making that concerns
them". The Commission uses the frameworks
provided by the Charter and the Convention
on the Rights of the Child to advocate for the
perspectives of children and young people to be
heard when decisions are made that affect their
lives. When conducting inquiries, the Commission
tries, where possible and appropriate, to include
the perspectives of children and young people.
to the Ombudsman. Under the Ombudsman
Act 1973, the Ombudsman may enquire into or
investigate whether any administrative action is
incompatible with the rights set out in the Charter.
In its response to the SARC four-year review of
the Charter, the Victorian Government agreed that
public authorities should be encouraged to advise
people with human rights complaints that they may
request investigation by the Ombudsman. The
Commission notes that while some government
departments advise members of the public of
the option of referring human rights complaints to
the Ombudsman, this does not occur consistently
across all departments and agencies.
facilities, including prisons, police cells, youth
justice facilities, secure disability residential
services, closed psychiatric services and secure
aged care facilities. There is a high potential risk
for human rights abuses and for inappropriate
conditions and treatment of people held in these
settings. When visiting these secure facilities,
officers from the Ombudsman consider whether
the environment complies with the Charter
and whether features of the environment that
limit human rights are reasonably justified. The
officers' assessment is derived from human rights
standards, both under the Charter and under
international human rights conventions. Human
rights that may be relevant to these reviews
include:
· the right to humane treatment when deprived
interfered with (section 13)
visits and a number of visits to other secure
facilities. The Ombudsman provides a report of
his findings to the operator of the facility and the
Corrections Commissioner.
are considered against the rights set out
in the Charter. They are recorded on the
Ombudsman's complaints management
system. Where possible breaches of the
Charter are identified, whether by the
complainant or Ombudsman officers, they are
recorded and investigated. Where they are
found to have occurred, they are addressed
in any one of a range of ways provided for
under the Ombudsman Act.
office dealt with 70 complaints about matters
within its jurisdiction, in which human rights
contained in the Charter were identified as
issues.
complaints received by the Ombudsman was
the right to humane treatment when deprived
of liberty. Recognition and equality before the
law and the protection of families and children
were also identified in a number of cases.
complaints which he considered indirectly
raised allegations of human rights breaches.
Most commonly, these complaints related to:
conditions