Charter of human rights

The Charter of Human Rights and Responsibilities Act 2006 (link below) became law in Victoria on 1 January 2007. The charter sets out the rights, freedoms and responsibilities of people living in Victoria. From 1 January 2008, government departments and public bodies must consider these rights when they create laws, make policies and provide services such as education and law enforcement.

Rights protected by the charter

The charter sets out the following rights:

• right to life
• protection from torture and cruel, inhuman or degrading treatment, including medical or scientific experimentation or treatment without consent
• humane treatment when deprived of liberty
• right to liberty and security
• freedom from forced work
• freedom of movement
• protection of privacy and reputation
• freedom of thought, conscience, religion and belief
• freedom of expression
• peaceful assembly and freedom of association
• protection of families and children
• entitlement to participate in public life, including voting
• cultural rights, including recognition of the distinct cultural rights of the Aboriginal people of Victoria
• property rights
• equal recognition before the law
• appropriate treatment of children in the criminal process
• right to receive a fair hearing 
• rights in criminal proceedings
• right not to be tried or punished more than once
• protection from retrospective criminal laws (being found guilty of a crime if your behaviour was not against the law at the time the act was committed).

The charter and the law

Although you cannot take legal action about a breach of the charter, such as suing for damages, it does allow a human rights argument to be raised in an existing case being heard by a court or tribunal.

If a law is inconsistent with human rights the courts can refer it back to parliament. Parliament must then decide whether to amend the law. Under the charter all new laws require a Statement of Compatibility to tell parliament whether they meet the standard set by the charter. If a law does not meet human rights standards the government is expected to explain why.

Complaints

The Ombudsman (link below) can investigate a claim that a public authority’s administrative action – for example, a decision made by a government department – was against a person’s human right. The Ombudsman can recommend that a public authority not do something or do something differently, but the Ombudsman does not have the power to force a public authority to act in a certain way.

More information

How we can help

Call Legal Help for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

To find out more about any of our legal services see What we do.

Who else can help?

Victorian Equal Opportunity and Human Rights Commission

The Victorian Equal Opportunity and Human Rights Commission helps to resolve complaints about discrimination, sexual harassment and racial and religious vilification. See 'Discrimination' (link above) for more information.

The commission also has specific functions in relation to the Charter of Human Rights and Responsibilities, including

• investigating particular human rights issues and concerns
• giving an independent report to parliament about how well State and local governments comply with the charter
• reviewing the policies and practices of public authorities to make sure they comply with the charter
• promoting human rights and raising awareness about the charter.

To discuss a human rights issue, contact the Advice Line on (03) 9281 7100 (TTY: (03) 9281 7110) or 1800 134 142 (toll free). The advice line operates 9 am to 5 pm weekdays, except Wednesdays when its hours are 9 am to 1 pm.

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