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Reporting on the Charter 5
It also consolidated rights that are reflected in
existing domestic and international law and made
a clear statement about the contract between
government and the people of Victoria ­ that
public authorities will take positive steps to
uphold these fundamental rights.
The Charter is a catalyst for greater transparency
and accountability in government by giving
individuals the tools to question and challenge laws,
policies and decisions made by public authorities
that can have an impact on their human rights.
As the case studies in this report highlight,
people are using the Charter to achieve positive
outcomes about individual issues but it also
has a role in challenging and changing serious,
systemic issues.
Similarly, as familiarity with the Charter has
grown, government agencies and other public
authorities are taking steps to address human
rights issues before they arise. For many
agencies their understanding of the Charter
and human rights has matured, enabling them
to engage in a more rigorous assessment of the
human rights implications of their practices.
By training their staff and developing rigorous
human rights assessment and evaluation tools,
public authorities are identifying and responding
to potential issues when they make laws, develop
policies and deliver services to the public.
In short, consideration of human rights is now
"business as usual" for government, in much
the same way that it has integrated privacy and
occupational health and safety requirements into
its work.
The benefits of this investment are significant and
will continue to benefit the Victorian community in
the years ahead.
How it works
The Charter aims to promote a culture where
everyone's rights are protected by ensuring that
human rights are considered in the development
of laws and policies and in the delivery of public
services.
It affects the operation of the legislature, the
executive (including public authorities) and the
courts in the following ways:
· A statement of compatibility must be tabled
with all Bills on their introduction to the
Victorian Parliament that sets out whether they
meet the standards in the Charter.
· All legislation (including subordinate
legislation) must be assessed for compatibility
with human rights by the bipartisan Scrutiny of
Acts and Regulations Committee.
· Public authorities must act in accordance with
human rights and give proper consideration to
human rights in their decision-making.
· Courts and tribunals must interpret and apply
legislation consistently with human rights and
may have regard to international, regional and
comparative domestic human rights law.
· The Supreme Court has the power to declare
that a law is inconsistent with human rights but
does not have the power to strike it down.
· The Charter gives specific legal protection to
20 fundamental rights:
- recognition and equality before the law
(including being entitled to protection from
discrimination)
- right to life
- protection from torture and cruel, inhuman
or degrading treatment
- freedom from forced work
- freedom of movement
- privacy and reputation
- freedom of thought, conscience, religion
and belief
- freedom of expression
- peaceful assembly and freedom of
association
- protection of families and children
- taking part in public life
- cultural rights (including recognition that
human rights have a special importance for
the Aboriginal people of Victoria)
- property rights
- right to liberty and security of person
- humane treatment when deprived of liberty
- children in the criminal process
- fair hearing
- rights in criminal proceedings
- the right to not be tried or punished more
than once
- retrospective criminal laws.
In certain circumstances, rights may be limited.
However, any decision to limit Charter rights must
be reasonable and demonstrably justified in a
free and democratic society.
For more information about the Charter,
visit the Commission's website:
humanrightscommission.vic.gov.au.