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Equal Opportunity - Victoria leads the charge for human rights
Victoria became the first Australian state to enshrine basic human rights into one Act of Parliament when the Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter) received royal assent on 25 July 2006.
The preamble to the Act sets out the principles on which the Charter is founded:
Human rights are essential in a democratic and inclusive society that respects the rule of law, human dignity, equality and freedom;
- Human rights belong to all people with-out discrimination, and the diversity of the people of Victoria enhances our community;
- Human rights come with responsibilities and must be exercised in a way that respects the human rights of others; and
- Human rights have a special importance for the Aboriginal people of Victoria, as descendants of Australia’s first people, with their diverse spiritual, social, cultural and economic relationship with their traditional lands and waters.
The Charter sets out those basic human rights and freedoms that all persons can expect to be promoted and protected by the law and ensures that existing and new Victorian laws are not inconsistent with the Charter rights. The rights include the right to recognition and equality before the law, right to life, right to protection from torture and cruel treatment, freedom of movement and expression, freedom of speech, freedom of association, right to privacy and reputation, right to a fair trial and the right to liberty and security.
The Charter rights must be taken into account by Victorian public servants, public authorities and government when developing or interpreting new law and policy and administrative decision making. The Charter does not enable judges to strike down laws that cut across Charter rights, but they can issue a Declaration of Incompatibility with respect to a law that must be tabled in Parliament. In exceptional circumstances Parliament can override the Charter.
The Act also renames the Equal Opportunity Commission as the Victorian Equal Opportunity and Human Rights Commission, and gives it the responsibility for monitoring and reporting on the implementation and operation of the Charter. The Attorney-General must review the first 4 years of operation of the Charter and table a report in Parliament.
Most parts of the Charter will come into effect from 1 January 2007. Public authorities will be bound by it from 1 January 2008.
More Information
Useful Web links
www.hreoc.gov.au/human_rights/index.html
ww.hrlrc.org.au/html/s01_home/home.asp?dsb=17
Disclaimer: The information in this article is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from Eleanor Coates or Brendan Kelly of our office. | 
