Victorian Charter of Human Rights and Responsibilities

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Charter of Human Rights and Responsibilities Act 2006
Victoria Parliament House Melbourne.jpg
Parliament of Victoria
  • An Act to protect and promote human rights, to make consequential amendments to certain Acts and for other purposes.
Citation No. 43 of 2006
Territorial extent Victoria
Passed by Legislative Assembly
Passed15 June 2006
Passed by Legislative Council
Passed20 July 2006
Royal assent 25 July 2006
Commenced1 January 2007
Legislative history
First chamber: Legislative Assembly
Bill titleCharter of Human Rights and Responsibilities Bill
Introduced by Rob Hulls
First reading 2 May 2006
Second reading 13–15 June 2006
Third reading 15 June 2006
Second chamber: Legislative Council
Bill titleCharter of Human Rights and Responsibilities Bill
Introduced by Justin Madden
First reading18 July 2006
Second reading20 July 2006
Third reading20 July 2006
Related legislation
Human Rights Act 2004 (ACT No. A2004-5)
Status: Amended

The Charter of Human Rights and Responsibilities Act 2006 is an Act of Parliament of the state of Victoria, Australia, designed to protect and promote human rights.

Contents

It does so by enumerating a series of human rights, largely developed from those in the International Covenant of Civil and Political Rights, along with a number of enforcement provisions. The Act came into full effect on 1 January 2008 and may operate in a similar way to the UK's Human Rights Act 1998 or the Canadian Bill of Rights. [1]

About the act

The Act protects twenty one fundamental human rights, including:

History

Australia is the only democratic country in the world to not have a Bill of Rights (or similar protections). [3] In order to go some way toward addressing this, in 2005 the Australian Capital Territory (ACT) undertook steps to implement the Human Rights Act 2004 to formally protect de facto freedom, respect, equality and dignity in the jurisdiction. [4]

The Victorian Labor Government, in 2005 under the Bracks Ministry, engaged in community consultation for a Human Rights act similar to those implemented in the ACT and the UK's Human Rights Act 1998. [5] Attorney-General of Victoria Rob Hulls argued that a Bill of Rights would "strengthen our democracy and set out our rights in one accessible place." [6] After community consultation, including input from the Australian Human Rights Commission, the act was introduced and debated in Parliament on 2 May 2008. The Victorian Charter of Human Rights and Responsibilities Act 2006 received royal assent on 25 July 2006 and came into full effect on 1 January 2008. [7]

Limitation and jurisdiction

Some believe that as it originates in Victoria the Act does not provide protections outside of Victorian 'jurisdiction'; any federal legislation takes precedence regardless of the infringement of any rights. However, the constitution does not allow discrimination between the states. There is effectively no 'state-based jurisdiction', only federal. To the extent that the charter aligns with the constitution, it applies in all states. The charter also affords Parliament the power to suspend or infringe rights in exceptional circumstances, such as when facing a serious security threat or a state of emergency. [6]

Courts do not have the authority to strike down impeding legislation, but are able to interpret statutory provisions in a way that is compatible with human rights.

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References

  1. Joseph E. Magnet, Constitutional Law of Canada, 8th ed., Part VI, Chapter 1, Juriliber, Edmonton (2001). Retrieved 18 March 2006.
  2. "Victoria's Charter of Human Rights and Responsibilities". Victoria Equal Opportunity & Human Rights Commission. Retrieved 15 January 2018.
  3. "A charter of rights for Australia 'more urgent than ever'". Law. 2 August 2017. Retrieved 23 June 2018.
  4. Harris, Bede. "Australia doesn't have a constitutional right protecting freedom of the person – it needs one". The Conversation. Retrieved 15 January 2018.
  5. Australian Human Rights Commission (14 December 2012). "Vic Human Rights consultation committee". www.humanrights.gov.au. Retrieved 23 June 2018.
  6. 1 2 "Victoria to be first state to adopt a human rights charter - National". www.theage.com.au. 8 December 2007. Retrieved 23 June 2018.
  7. Counsel, Office of the Chief Parliamentary. "Office of the Chief Parliamentary Counsel - Victorian Legislation Home Page". www.legislation.vic.gov.au. Retrieved 23 June 2018.