charter

Question 1

victorian charter of human rights and responsibilities

Answer 1

to recognised the basic rights, freedoms and responsibilities of victorians

Question 2

how does the charter apply

Answer 2

• requires MPs to explicitly articulate whether new legislation upholds or restricts the rights in the charter through statements of compatibility
• imposes obligations on public authorities to act compatibly with HR and give proper consideration to HR when making decisions
• courts and tribunals must interpret all victorian laws in a way that upholds the HR outlined in the charter, as far as this is possible
• the SC has the power to declare that a law or provision is inconsistent with HR but does not have the power to strike it down

Question 3

restrictions of the charter

Answer 3

not absolute or unrestricted
- general limitations clause which allows public authorities to restrict human rights in situations where it is reasonable and justified to uphold a free and democratic society
- no impact on new laws developed by the commonwealth parliament
- does not establish a rights for Victorians to bring a case against the Victorian Parliament for creating laws that breach the charter
- laws created prior to 2006 did not require a statement of compatibility and the human rights implications of many laws may not have been debated or considered