Human Rights Charter

In Victoria, all public authorities including local councils, must comply with the Charter of Human Rights and Responsibilities.  The Charter sets out the civil and political rights of people, it is not applicable to corporations or other entities.  The Charter does not countenance economic or social rights.

Councils are required to act in a way that is compatible with the Charter of Human Rights and to give consideration to the charter when formulating a local law or policy, or in planning service delivery.  In fact, section 38(1) of the Charter states that: "it is unlawful for a public authority to act in a way that is incompatible with a human right or, in making a decision, to fail to give proper consideration to a relevant human right."

What Rights are Protected in the Charter?

The Charter sets out 20 basic human rights that are protected under the Act, these relate to Freedom, Respect, Equality and Dignity. (FRED)

The Charter also requires that all statutory provision be interpreted so far as is possible in a way that is compatible with human rights.

Freedom

  • Freedom from forced work
  • Freedom of movement
  • Freedom of thought, conscience, religion and belief
  • Freedom of expression
  • Right to peaceful assembly and freedom of association
  • Property rights
  • Right to liberty and security of person
  • Fair hearing
  • Rights in criminal proceedings
  • Right not to be tried and punished more than once
  • Protection from retrospective criminal laws.

Respect

  • Right to life
  • Protection of families and children
  • Cultural rights, including recognition that human rights have a special importance for the Aboriginal people of Victoria.

Equality

  • Recognition and equality before the law
  • Entitlement to participate in public life (including voting)

Dignity

  • Prohibition on torture and cruel, inhuman or degrading treatment
  • Protection of privacy and reputation
  • Humane treatment when deprived of liberty
  • Appropriate treatment of children in the criminal process

The Charter complements other laws that protect basic rights and freedoms including the following:

Examples include:

Crimes Act 1958
Equal Opportunity Act
Freedom of Information Act
Information Privacy Act
Occupational Health & Safety Act
Racial & Religious Tolerance Act
Whistleblowers Protection Act 2001

How is the Charter relevant to Council?

The Charter requires Councils to ensure that all local Laws and Council Policies protect the political, civil and cultural rights of people in Victoria.  Under the Charter, rights may be limited but only when justified in a free and democratic society.  For example, the right to Freedom of Expression may be limited in order to respect the rights and reputation of others or for the protection of security or public order.

The Charter does not over-ride existing Local Laws or Policies however, Council must still make decisions and undertake actions in compliance with the Charter.

Council will be required to submit an annual report to the Victorian Equal Opportunity and Human rights Commission.  The commission is responsible for reporting each year to parliament on the implementation of the Charter.

Where can I obtain more information?

For more information on the Charter visit:

Department of Justice website - http://www.justice.vic.gov.au/humanrights/

Human Rights Commission website - http://www.humanrightscommission.vic.gov.au/Home.asp