Charter reforms to uphold rights and resolve uncertainties

The Victorian Coalition Government today released its response to the report of the Scrutiny of Acts and Regulations Committee (SARC) of the Parliament on the review of the Charter of Human Rights and Responsibilities Act 2006.

The Government is strongly committed to the principles of human rights and considers that legislative protection for those rights provides a tangible benefit to the Victorian community.

“The reforms we are announcing today will reinforce the ability of Victorians to have their rights respected and upheld by government departments and agencies, and strengthen Parliamentary scrutiny of proposed legislation for compatibility with rights,” Premier Ted Baillieu said.

“We will introduce legislation to improve Parliamentary scrutiny through allowing either House of Parliament to require a Minister or other MP proposing major amendments to Bills to table a statement of compatibility explaining whether and how those amendments have an effect on rights. At present, there is no such scrutiny mechanism.

“The Government will also support agencies that do not already have internal complaints procedures for addressing complaints about breaches of rights to introduce such procedures,” Mr Baillieu said.

Attorney-General Robert Clark said the Government believed there was an ongoing place for the courts in protecting rights in relation to the Charter, but acknowledged the concerns raised by SARC as to the role of the courts and the obligations of public authorities.

“At the time SARC was finalising its report, and subsequently, there have been major court decisions handed down in the High Court and in the Court of Appeal about the operation of the Charter Act in the courts,” Mr Clark said.

“There has been limited opportunity to observe the practical effect of those decisions on the various roles of the courts and VCAT in relation to the Charter.

“The Government will therefore seek specific legal advice in relation to these issues, as well as in relation to the risks and benefits of SARC’s proposals for the possible inclusion in the Charter of additional rights from the International Covenant on Civil and Political Rights.

“In assessing these matters we will also be consulting with key stakeholders involved with the legal aspects of the Charter Act’s operation, including the Bar Council, Law Institute of Victoria, Victoria Legal Aid, DPP, Victoria Police, the Public Interest Law Clearing House and the Human Rights Law Centre,” Mr Clark said.

“The Government thanks all members of SARC for the detailed and careful consideration they have given to the issues involved, and for their thorough and comprehensive report,” Mr Baillieu said.

“SARC’s report and today’s Government response lay the basis for ensuring that Victorians’ rights are recognised and respected whenever new laws are being proposed in the Parliament and are upheld in all dealings Victorians may have with the State Government or its agencies.”