New VIC Human Rights Charter Review

On 2 March 2015, the Attorney General for Victoria, Martin Pakula, appointed Michael Brett Young – CEO of the Law Institute of Victoria until 2014 and previously managing partner at Maurice Blackburn – to lead a review of the Victorian Charter of Human Rights and Responsibilities to ensure it is robust and effective.

What is the Charter of Human Rights and Responsibilities?

The Charter of Human Rights and Responsibilities Act 2006 (the Charter) is a Victorian law that sets out the basic rights, freedoms and responsibilities of all people in Victoria. It is about the relationship between government and the people it serves.

The Charter requires public authorities, such as Victorian state and local government departments and agencies, and people delivering services on behalf of government, to act consistently with the human rights in the Charter.

The Charter contains 20 fundamental human rights based on those set out in the International Covenant on Civil and Political Rights. These include freedom of expression, privacy, liberty, equality before the law, the right to vote and rights in criminal proceedings.

Terms of Reference for the Review

Pursuant to section 45 of the the Charter, the terms of reference are to inquire into and report on the operation of the Charter, including:

1. Ways to enhance the effectiveness of the Charter, including, but not limited to:

• reviewing the submissions from the 2011 Scrutiny of Acts and Regulations Committee review and the Committee’s report;
• the functions of the Victorian Equal Opportunity and Human Rights Commission under the Charter and the Victorian Ombudsman under the Ombudsman Act 1973, especially with respect to human rights complaints;
• the effectiveness of the scrutiny role of the Scrutiny of Acts and Regulations Committee;
• the development of a human rights culture in Victoria, particularly within the Victorian public sector; and
• the application of the Charter to non-State entities when they provide State-funded services.

2. Any desirable amendments to improve the operation of the Charter, including, but not limited to:

• clarifying the provisions regarding public authorities, including the identification of public authorities and the content of their human rights obligations;
• clarifying the provision(s) regarding legal proceedings and remedies against public authorities;
• clarifying the role of human rights in statutory construction;
• clarifying the role of the proportionality test in section 7(2), in particular as it relates to statutory construction and the obligations of public authorities;
• clarifying the obligations of courts including under sections 4(1)(j) and 6(2)(b);
• the need for the provision for an override declaration by Parliament under section 31;
• the effectiveness of the declaration of inconsistent interpretation provision under section 36;
• the usefulness of the notification provision(s) including under section 35; and
• any other desirable amendments.

3. A recommendation under section 45(2) as to whether any further review of the Charter is necessary.

Reaction to the Review Announcement

The Attorney-General commented:

Hugh de Krester, the executive director of the Human Rights Law Centre, said he also welcomed the review:

The report – which will include consultation with key stakeholders and submissions from the public – will be delivered to the Government by 1 September 2015, before being tabled in Parliament by 1 October 2015.

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Human Rights Law Centre Media Release

Guardian Article

Victorian Equal Opportunity and Human Rights Commission

Premier of Victoria Media Release