{"id":"charter-human-rights-and-responsibilities-act-2006","name":"Charter of Human Rights and Responsibilities Act 2006","slug":"charter-human-rights-and-responsibilities-act-2006","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":313629,"registerId":"vic-charter-human-rights-and-responsibilities-act-2006-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Charter of Human Rights and Responsibilities Act 2006","content":"Version No. 015\n\n**Charter of Human Rights and Responsibilities Act 2006**\n\n**No. 43 of 2006**\n\nVersion incorporating amendments as at  \n1 June 2022\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 2\n\n1 Purpose and citation 2\n\n2 Commencement 3\n\n3 Definitions 3\n\n4 What is a public authority? 5\n\n5 Human rights in this Charter in addition to other rights and freedoms 9\n\n6 Application 9\n\nPart 2—Human rights 11\n\n7 Human rights—what they are and when they may be limited 11\n\n8 Recognition and equality before the law 11\n\n9 Right to life 12\n\n10 Protection from torture and cruel, inhuman or degrading treatment 12\n\n11 Freedom from forced work 12\n\n12 Freedom of movement 13\n\n13 Privacy and reputation 13\n\n14 Freedom of thought, conscience, religion and belief 13\n\n15 Freedom of expression 14\n\n16 Peaceful assembly and freedom of association 14\n\n17 Protection of families and children 14\n\n18 Taking part in public life 15\n\n19 Cultural rights 15\n\n20 Property rights 16\n\n21 Right to liberty and security of person 16\n\n22 Humane treatment when deprived of liberty 17\n\n23 Children in the criminal process 17\n\n24 Fair hearing 18\n\n25 Rights in criminal proceedings 18\n\n26 Right not to be tried or punished more than once 20\n\n27 Retrospective criminal laws 20\n\nPart 3—Application of human rights in Victoria 21\n\nDivision 1—Scrutiny of new legislation 21\n\n28 Statements of compatibility 21\n\n29 No effect on Victorian law 22\n\n30 Scrutiny of Acts and Regulations Committee 22\n\nDivision 2—Override declaration 22\n\n31 Override by Parliament 22\n\nDivision 3—Interpretation of laws 24\n\n32 Interpretation 24\n\n33 Referral to Supreme Court 24\n\n34 Attorney-General's right to intervene 25\n\n35 Notice to Attorney-General and Commission 25\n\n36 Declaration of inconsistent interpretation 26\n\n37 Action on declaration of inconsistent interpretation 28\n\nDivision 4—Obligations on public authorities 28\n\n38 Conduct of public authorities 28\n\n39 Legal proceedings 29\n\nPart 4—Victorian Equal Opportunity and Human Rights Commission 31\n\n40 Intervention by Commission 31\n\n41 Functions of the Commission 31\n\n42 Powers 32\n\n43 Reports to be laid before Parliament 32\n\nPart 5—General 34\n\n44 Review of Charter after 4 years of operation 34\n\n45 Review of Charter after 8 years of operation 35\n\n46 Regulations 35\n\n48 Savings provision 37\n\n49 Transitional provisions 37\n\nEndnotes 40\n\n1 General information 40\n\n2 Table of Amendments 42\n\n3 Explanatory details 44\n\n**Version No.** **015**\n\n**Charter of Human Rights and Responsibilities Act 2006**\n\n**No. 43 of 2006**\n\nVersion incorporating amendments as at  \n1 June 2022\n\n**Preamble**\n\nOn behalf of the people of Victoria the Parliament enacts this Charter, recognising that all people are born free and equal in dignity and rights.\n\nThis Charter is founded on the following principles—\n\n• human rights are essential in a democratic and inclusive society that respects the rule of law, human dignity, equality and freedom;\n\n• human rights belong to all people without discrimination, and the diversity of the people of Victoria enhances our community;\n\n• human rights come with responsibilities and must be exercised in a way that respects the human rights of others;\n\n• human rights have a special importance for the Aboriginal people of Victoria, as descendants of Australia's first people, with their diverse spiritual, social, cultural and economic relationship with their traditional lands and waters.\n\n**The Parliament of Victoria therefore enacts:**\n\nPart 1—Preliminary\n\n\t1 Purpose and citation\n\n(1) This Act may be referred to as the Charter of Human Rights and Responsibilities and is so referred to in this Act.\n\n(2) The main purpose of this Charter is to protect and promote human rights by—\n\n(a) setting out the human rights that Parliament specifically seeks to protect and promote; and\n\n(b) ensuring that all statutory provisions, whenever enacted, are interpreted so far as is possible in a way that is compatible with human rights; and\n\n(c) imposing an obligation on all public authorities to act in a way that is compatible with human rights; and\n\n(d) requiring statements of compatibility with human rights to be prepared in respect of all Bills introduced into Parliament and enabling the Scrutiny of Acts and Regulations Committee to report on such compatibility; and\n\n(e) conferring jurisdiction on the Supreme Court to declare that a statutory provision cannot be interpreted consistently with a human right and requiring the relevant Minister to respond to that declaration.\n\n(3) In addition, this Charter—\n\n(a) enables Parliament, in exceptional circumstances, to override the application of the Charter to a statutory provision; and\n\n(b) renames the Equal Opportunity Commission as the Victorian Equal Opportunity and Human Rights Commission and confers additional functions on it; and\n\n(c) makes consequential amendments to certain Acts.\n\n\t2 Commencement\n\n(1) This Charter (except Divisions 3 and 4 of Part 3) comes into operation on 1 January 2007.\n\n(2) Divisions 3 and 4 of Part 3 come into operation on 1 January 2008.\n\n\t3 Definitions\n\n(1) In this Charter—\n\n***Aboriginal*** means a person belonging to the indigenous peoples of Australia, including the indigenous inhabitants of the Torres Strait Islands, and any descendants of those peoples;\n\n***act*** includes a failure to act and a proposal to act;\n\n***Charter*** means the Charter of Human Rights and Responsibilities;\n\n***child*** means a person under 18 years of age;\n\nS. 3(1) def. of *Commission* amended by No. 16/2010 s. 209(Sch. item 1.1).\n\n***Commission*** means the Victorian Equal Opportunity and Human Rights Commission under the **Equal Opportunity Act 2010**;\n\nS. 3(1) def. of *court* amended by No. 77/2008 s. 129(Sch. 2 item 5).\n\n***court*** means the Supreme Court, the County Court, the Magistrates' Court, the Children's Court or the Coroners Court;\n\n***declaration of inconsistent interpretation*** means a declaration made by the Supreme Court under section 36(2);\n\nS. 3(1) def. of *discrimination* amended by No. 16/2010 s. 209(Sch. items 1.2, 1.3) (as amended by No. 26/2011 s. 34(Sch. item 10.1)).\n\n***discrimination***, in relation to a person, means discrimination (within the meaning of the **Equal Opportunity Act 2010**) on the basis of an attribute set out in section 6 of that Act;\n\n**Note**\n\nSection 6 of the **Equal Opportunity Act 2010** lists a number of attributes in respect of which discrimination is prohibited, including age; disability; political belief or activity; race; religious belief or activity; sex; and sexual orientation.\n\n***human rights*** means the civil and political rights set out in Part 2;\n\n***interpreter*** means—\n\n(a) an interpreter accredited by a prescribed body; or\n\n(b) if an accredited interpreter is not readily available, a competent interpreter—\n\nand relates only to the oral rendering of the meaning of the spoken word or other form of communication from one language or form of communication into another language or form of communication;\n\n***override declaration*** means a declaration made by Parliament under section 31;\n\n***Parliamentary Committee*** has the same meaning as ***Joint House Committee*** has in the **Parliamentary Committees Act 2003**;\n\n***person*** means a human being;\n\n***public authority*** has the meaning given in section 4;\n\n***statutory provision*** means an Act (including this Charter) or a subordinate instrument or a provision of an Act (including this Charter) or of a subordinate instrument;\n\nS. 3(1) def. of *trial* inserted by No. 68/2009 s. 97(Sch. item 18.1).\n\n***trial***, in relation to the Magistrates' Court or the Children's Court, means hearing of a charge;\n\nS. 3(1) def. of *Victoria Police* substituted by No. 37/2014 s. 10(Sch. item 15).\n\n***Victoria Police*** has the same meaning as in the **Victoria Police Act 2013**.\n\n(2) In this Charter—\n\n(a) a reference to a function includes a reference to a power, authority and duty; and\n\n(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\n\n\t4 What is a public authority?\n\n(1) For the purposes of this Charter a public authority is—\n\n(a) a public official within the meaning of the **Public Administration Act 2004**; or\n\nNote to s. 4(1)(a) amended by No. 6/2014 s. 14.\n\n**Note**\n\nA public official under the **Public Administration Act 2004** includes employees of the public service, including the Head of a government department or an Administrative Office (such as the Secretary to the Department of Justice or the Chairman of the Environment Protection Authority) and the Victorian Public Sector Commissioner. It also includes the directors and staff of certain public entities, court staff, parliamentary officers and holders of certain statutory or prerogative offices.\n\n(b) an entity established by a statutory provision that has functions of a public nature; or\n\n**Notes**\n\n1 In section 38 of the **Interpretation of Legislation Act 1984** ***entity*** is defined to include a person (both a human being and a legal person) and an unincorporated body.\n\n2 See subsection (2) in relation to \"functions of a public nature\".\n\n(c) an entity whose functions are or include functions of a public nature, when it is exercising those functions on behalf of the State or a public authority (whether under contract or otherwise); or\n\n**Example**\n\nA non-government school in educating students may be exercising functions of a public nature but as it is not doing so on behalf of the State it is not a public authority for the purposes of this Charter.\n\n**Note**\n\nSee subsections (4) and (5) in relation to \"on behalf of the State or a public authority\".\n\n(d) Victoria Police; or\n\nS. 4(1)(e) amended by No. 9/2020 s. 390(Sch. 1 item 14).\n\n(e) a Council within the meaning of the **Local Government Act 2020** and Councillors  and members of Council staff within the meaning of that Act; or\n\n(f) a Minister; or\n\n(g) members of a Parliamentary Committee when the Committee is acting in an administrative capacity; or\n\n(h) an entity declared by the regulations to be a public authority for the purposes of this Charter—\n\nbut does not include—\n\n(i) Parliament or a person exercising functions in connection with proceedings in Parliament; or\n\n(j) a court or tribunal except when it is acting in an administrative capacity; or\n\n**Note**\n\nCommittal proceedings and the issuing of warrants by a court or tribunal are examples of when a court or tribunal is acting in an administrative capacity. A court or tribunal also acts in an administrative capacity when, for example, listing cases or adopting practices and procedures.\n\n(k) an entity declared by the regulations not to be a public authority for the purposes of this Charter.\n\n(2) In determining if a function is of a public nature the factors that may be taken into account include—\n\n(a) that the function is conferred on the entity by or under a statutory provision;\n\nExample to s. 4(2)(a) amended by No. 6/2010 s. 203(1)  \n(Sch. 6 item 5) (as amended by No. 45/2010 s. 22).\n\n**Example**\n\nThe **Transport (Compliance and Miscellaneous) Act 1983** confers powers of arrest on an authorised officer under that Act.\n\n(b) that the function is connected to or generally identified with functions of government;\n\n**Example**\n\nUnder the **Corrections Act 1986** a private company may have the function of providing correctional services (such as managing a prison), which is a function generally identified as being a function of government.\n\n(c) that the function is of a regulatory nature;\n\n(d) that the entity is publicly funded to perform the function;\n\n(e) that the entity that performs the function is a company (within the meaning of the Corporations Act) all of the shares in which are held by or on behalf of the State.\n\n**Example**\n\nAll the shares in the companies responsible for the retail supply of water within Melbourne are held by or on behalf of the State.\n\n(3) To avoid doubt—\n\n(a) the factors listed in subsection (2) are not exhaustive of the factors that may be taken into account in determining if a function is of a public nature; and\n\n(b) the fact that one or more of the factors set out in subsection (2) are present in relation to a function does not necessarily result in the function being of a public nature.\n\n(4) For the purposes of subsection (1)(c), an entity may be acting on behalf of the State or a public authority even if there is no agency relationship between the entity and the State or public authority.\n\n(5) For the purposes of subsection (1)(c), the fact that an entity is publicly funded to perform a function does not necessarily mean that it is exercising that function on behalf of the State or a public authority.\n\n\t5 Human rights in this Charter in addition to other rights and freedoms\n\nA right or freedom not included in this Charter that arises or is recognised under any other law (including international law, the common law, the Constitution of the Commonwealth and a law of the Commonwealth) must not be taken to be abrogated or limited only because the right or freedom is not included in this Charter or is only partly included.\n\n\t6 Application\n\n(1) Only persons have human rights. All persons have the human rights set out in Part 2.\n\n**Note**\n\nCorporations do not have human rights.\n\n(2) This Charter applies to—\n\n(a) the Parliament, to the extent that the Parliament has functions under Divisions 1 and 2 of Part 3; and\n\n(b) courts and tribunals, to the extent that they have functions under Part 2 and Division 3 of Part 3; and\n\n(c) public authorities, to the extent that they have functions under Division 4 of Part 3.\n\n(3) Subsection (2) does not take away from or limit—\n\n(a) any other function conferred by this Charter on an entity specified in subsection (2); or\n\n(b) any function conferred on any other entity by this Charter.\n\n(4) This Charter binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\nPart 2—Human rights\n\n\t7 Human rights—what they are and when they may be limited\n\n(1) This Part sets out the human rights that Parliament specifically seeks to protect and promote.\n\n(2) A human right may be subject under law only to such reasonable limits as can be demonstrably justified in a free and democratic society based on human dignity, equality and freedom, and taking into account all relevant factors including—\n\n(a) the nature of the right; and\n\n(b) the importance of the purpose of the limitation; and\n\n(c) the nature and extent of the limitation; and\n\n(d) the relationship between the limitation and its purpose; and\n\n(e) any less restrictive means reasonably available to achieve the purpose that the limitation seeks to achieve.\n\n(3) Nothing in this Charter gives a person, entity or public authority a right to limit (to a greater extent than is provided for in this Charter) or destroy the human rights of any person.\n\n\t8 Recognition and equality before the law\n\n(1) Every person has the right to recognition as a person before the law.\n\nS. 8(2) amended by No. 20/2022 s. 9.\n\n(2) Every person has the right to enjoy their human rights without discrimination.\n\n(3) Every person is equal before the law and is entitled to the equal protection of the law without discrimination and has the right to equal and effective protection against discrimination.\n\n(4) Measures taken for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination do not constitute discrimination.\n\n\t9 Right to life\n\nEvery person has the right to life and has the right not to be arbitrarily deprived of life.\n\n\t10 Protection from torture and cruel, inhuman or degrading treatment\n\nA person must not be—\n\n(a) subjected to torture; or\n\n(b) treated or punished in a cruel, inhuman or degrading way; or\n\nS. 10(c) amended by No. 20/2022 s. 10.\n\n(c) subjected to medical or scientific experimentation or treatment without that person's full, free and informed consent.\n\n\t11 Freedom from forced work\n\n(1) A person must not be held in slavery or servitude.\n\n(2) A person must not be made to perform forced or compulsory labour.\n\n(3) For the purposes of subsection (2) forced or compulsory labour does not include—\n\n(a) work or service normally required of a person who is under detention because of a lawful court order or who, under a lawful court order, has been conditionally released from detention or ordered to perform work in the community; or\n\n(b) work or service required because of an emergency threatening the Victorian community or a part of the Victorian community; or\n\n(c) work or service that forms part of normal civil obligations.\n\n(4) In this section ***court order*** includes an order made by a court of another jurisdiction.\n\n\t12 Freedom of movement\n\nEvery person lawfully within Victoria has the right to move freely within Victoria and to enter and leave it and has the freedom to choose where to live.\n\n\t13 Privacy and reputation\n\nA person has the right—\n\nS. 13(a) amended by No. 20/2022 s. 11.\n\n(a) not to have that person's privacy, family, home or correspondence unlawfully or arbitrarily interfered with; and\n\nS. 13(b) amended by No. 20/2022 s. 11.\n\n(b) not to have that person's reputation unlawfully attacked.\n\n\t14 Freedom of thought, conscience, religion and belief\n\n(1) Every person has the right to freedom of thought, conscience, religion and belief, including—\n\nS. 14(1)(a) amended by No. 20/2022 s. 12.\n\n(a) the freedom to have or to adopt a religion or belief of that person's choice; and\n\nS. 14(1)(b) amended by No. 20/2022 s. 12.\n\n(b) the freedom to demonstrate that person's religion or belief in worship, observance, practice and teaching, either individually or as part of a community, in public or in private.\n\nS. 14(2) amended by No. 20/2022 s. 12.\n\n(2) A person must not be coerced or restrained in a way that limits that person's freedom to have or adopt a religion or belief in worship, observance, practice or teaching.\n\n\t15 Freedom of expression\n\n(1) Every person has the right to hold an opinion without interference.\n\n(2) Every person has the right to freedom of expression which includes the freedom to seek, receive and impart information and ideas of all kinds, whether within or outside Victoria and whether—\n\n(a) orally; or\n\n(b) in writing; or\n\n(c) in print; or\n\n(d) by way of art; or\n\nS. 15(2)(e) amended by No. 20/2022 s. 13.\n\n(e) in another medium chosen by that person.\n\n(3) Special duties and responsibilities are attached to the right of freedom of expression and the right may be subject to lawful restrictions reasonably necessary—\n\n(a) to respect the rights and reputation of other persons; or\n\n(b) for the protection of national security, public order, public health or public morality.\n\n\t16 Peaceful assembly and freedom of association\n\n(1) Every person has the right of peaceful assembly.\n\n(2) Every person has the right to freedom of association with others, including the right to form and join trade unions.\n\n\t17 Protection of families and children\n\n(1) Families are the fundamental group unit of society and are entitled to be protected by society and the State.\n\nS. 17(2) amended by No. 20/2022 s. 14.\n\n(2) Every child has the right, without discrimination, to such protection as is in the child's best interests and is needed by the child by reason of being a child.\n\n\t18 Taking part in public life\n\n(1) Every person in Victoria has the right, and is to have the opportunity, without discrimination, to participate in the conduct of public affairs, directly or through freely chosen representatives.\n\n(2) Every eligible person has the right, and is to have the opportunity, without discrimination—\n\n(a) to vote and be elected at periodic State and municipal elections that guarantee the free expression of the will of the electors; and\n\n(b) to have access, on general terms of equality, to the Victorian public service and public office.\n\n\t19 Cultural rights\n\nS. 19(1) amended by No. 20/2022 s. 15.\n\n(1) All persons with a particular cultural, religious, racial or linguistic background must not be denied the right, in community with other persons of that background, to enjoy their culture, to declare and practise their religion and to use their language.\n\n(2) Aboriginal persons hold distinct cultural rights and must not be denied the right, with other members of their community—\n\n(a) to enjoy their identity and culture; and\n\n(b) to maintain and use their language; and\n\n(c) to maintain their kinship ties; and\n\n(d) to maintain their distinctive spiritual, material and economic relationship with the land and waters and other resources with which they have a connection under traditional laws and customs.\n\nS. 20 amended by No. 20/2022 s. 16.\n\n\t20 Property rights\n\nA person must not be deprived of that person's property other than in accordance with law.\n\n\t21 Right to liberty and security of person\n\n(1) Every person has the right to liberty and security.\n\n(2) A person must not be subjected to arbitrary arrest or detention.\n\nS. 21(3) amended by No. 20/2022 s. 17(a).\n\n(3) A person must not be deprived of that person's liberty except on grounds, and in accordance with procedures, established by law.\n\nS. 21(4) amended by No. 20/2022 s. 17(b).\n\n(4) A person who is arrested or detained must be informed at the time of arrest or detention of the reason for the arrest or detention and must be promptly informed about any proceedings to be brought against that person.\n\n(5) A person who is arrested or detained on a criminal charge—\n\n(a) must be promptly brought before a court; and\n\n(b) has the right to be brought to trial without unreasonable delay; and\n\n(c) must be released if paragraph (a) or (b) is not complied with.\n\nS. 21(6) amended by Nos 68/2009 s. 97(Sch. item 18.2), 20/2022 s. 17(c).\n\n(6) A person awaiting trial must not be automatically detained in custody, but that person's release may be subject to guarantees to attend—\n\n(a) for trial; and\n\n(b) at any other stage of the judicial proceeding; and\n\n(c) if appropriate, for execution of judgment.\n\nS. 21(7) amended by No. 20/2022 s. 17(c).\n\n(7) Any person deprived of liberty by arrest or detention is entitled to apply to a court for a declaration or order regarding the lawfulness of that person's detention, and the court must—\n\n(a) make a decision without delay; and\n\n(b) order the release of the person if it finds that the detention is unlawful.\n\nS. 21(8) amended by No. 20/2022 s. 17(c).\n\n(8) A person must not be imprisoned only because of that person's inability to perform a contractual obligation.\n\n\t22 Humane treatment when deprived of liberty\n\n(1) All persons deprived of liberty must be treated with humanity and with respect for the inherent dignity of the human person.\n\n(2) An accused person who is detained or a person detained without charge must be segregated from persons who have been convicted of offences, except where reasonably necessary.\n\n(3) An accused person who is detained or a person detained without charge must be treated in a way that is appropriate for a person who has not been convicted.\n\n\t23 Children in the criminal process\n\n(1) An accused child who is detained or a child detained without charge must be segregated from all detained adults.\n\n(2) An accused child must be brought to trial as quickly as possible.\n\nS. 23(3) amended by No. 20/2022 s. 18.\n\n(3) A child who has been convicted of an offence must be treated in a way that is appropriate for that child's age.\n\n\t24 Fair hearing\n\n(1) A person charged with a criminal offence or a party to a civil proceeding has the right to have the charge or proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing.\n\n(2) Despite subsection (1), a court or tribunal may exclude members of media organisations or other persons or the general public from all or part of a hearing if permitted to do so by a law other than this Charter.\n\nNote to s. 24(2) substituted by No. 58/2013 s. 37.\n\n**Note**\n\nSee Part 5 of the **Open Courts Act 2013**.\n\n(3) All judgments or decisions made by a court or tribunal in a criminal or civil proceeding must be made public unless the best interests of a child otherwise requires or a law other than this Charter otherwise permits.\n\n\t25 Rights in criminal proceedings\n\n(1) A person charged with a criminal offence has the right to be presumed innocent until proved guilty according to law.\n\n(2) A person charged with a criminal offence is entitled without discrimination to the following minimum guarantees—\n\nS. 25(2)(a) amended by No. 20/2022 s. 19(1)(a).\n\n(a) to be informed promptly and in detail of the nature and reason for the charge in a language or, if necessary, a type of communication that that person speaks or understands; and\n\nS. 25(2)(b) amended by No. 20/2022 s. 19(1)(b).\n\n(b) to have adequate time and facilities to prepare their defence and to communicate with a lawyer or advisor chosen by that person; and\n\n(c) to be tried without unreasonable delay; and\n\nS. 25(2)(d) amended by No. 20/2022 s. 19(1)(c).\n\n(d) to be tried in person, and to defend themselves personally or through legal assistance chosen by that person or, if eligible, through legal aid provided by Victoria Legal Aid under the **Legal Aid Act 1978**; and\n\nS. 25(2)(e) amended by No. 20/2022 s. 19(1)(a).\n\n(e) to be told, if that person does not have legal assistance, about the right, if eligible, to legal aid under the **Legal Aid Act 1978**; and\n\nS. 25(2)(f) amended by No. 20/2022 s. 19(1)(d).\n\n(f) to have legal aid provided if the interests of justice require it, without any costs payable by that person if the person meets the eligibility criteria set out in the **Legal Aid Act 1978**; and\n\nS. 25(2)(g) amended by No. 20/2022 s. 19(1)(e).\n\n(g) to examine, or have examined, witnesses against that person, unless otherwise provided for by law; and\n\nS. 25(2)(h) amended by No. 20/2022 s. 19(1)(f).\n\n(h) to obtain the attendance and examination of witnesses on that person's behalf under the same conditions as witnesses for the prosecution; and\n\nS. 25(2)(i) amended by No. 20/2022 s. 19(1)(a).\n\n(i) to have the free assistance of an interpreter if that person cannot understand or speak English; and\n\nS. 25(2)(j) amended by No. 20/2022 s. 19(1)(a).\n\n(j) to have the free assistance of assistants and specialised communication tools and technology if that person has communication or speech difficulties that require such assistance; and\n\nS. 25(2)(k) amended by No. 20/2022 s. 19(1)(g).\n\n(k) not to be compelled to testify against themselves or to confess guilt.\n\nS. 25(3) amended by No. 20/2022 s. 19(2).\n\n(3) A child charged with a criminal offence has the right to a procedure that takes account of that child's age and the desirability of promoting the child's rehabilitation.\n\n(4) Any person convicted of a criminal offence has the right to have the conviction and any sentence imposed in respect of it reviewed by a higher court in accordance with law.\n\nS. 26 amended by No. 20/2022 s. 20.\n\n\t26 Right not to be tried or punished more than once\n\nA person must not be tried or punished more than once for an offence in respect of which that person has already been finally convicted or acquitted in accordance with law.\n\n\t27 Retrospective criminal laws\n\n(1) A person must not be found guilty of a criminal offence because of conduct that was not a criminal offence when it was engaged in.\n\n(2) A penalty must not be imposed on any person for a criminal offence that is greater than the penalty that applied to the offence when it was committed.\n\n(3) If a penalty for an offence is reduced after a person committed the offence but before the person is sentenced for that offence, that person is eligible for the reduced penalty.\n\n(4) Nothing in this section affects the trial or punishment of any person for any act or omission which was a criminal offence under international law at the time it was done or omitted to be done.\n\nPart 3—Application of human rights in Victoria\n\nDivision 1—Scrutiny of new legislation\n\n\t28 Statements of compatibility\n\n(1) A member of Parliament who proposes to introduce a Bill into a House of Parliament must cause a statement of compatibility to be prepared in respect of that Bill.\n\nS. 28(2) amended by No. 20/2022 s. 21.\n\n(2) A member of Parliament who introduces a Bill into a House of Parliament, or another member acting on the member's behalf, must cause the statement of compatibility prepared under subsection (1) to be laid before the House of Parliament into which the Bill is introduced before giving the member's second reading speech on the Bill.\n\n**Note**\n\nThe obligation in subsections (1) and (2) applies to Ministers introducing government Bills and members of Parliament introducing non-government Bills.\n\n(3) A statement of compatibility must state—\n\n(a) whether, in the member's opinion, the Bill is compatible with human rights and, if so, how it is compatible; and\n\n(b) if, in the member's opinion, any part of the Bill is incompatible with human rights, the nature and extent of the incompatibility.\n\n(4) A statement of compatibility made under this section is not binding on any court or tribunal.\n\n\t29 No effect on Victorian law\n\nA failure to comply with section 28 in relation to any Bill that becomes an Act does not affect the validity, operation or enforcement of that Act or of any other statutory provision.\n\n\t30 Scrutiny of Acts and Regulations Committee\n\nThe Scrutiny of Acts and Regulations Committee must consider any Bill introduced into Parliament and must report to the Parliament as to whether the Bill is incompatible with human rights.\n\n**Note**\n\nThe Scrutiny of Acts and Regulations Committee must also review all statutory rules and report to Parliament if it considers the statutory rule to be incompatible with human rights: see section 21 of the **Subordinate Legislation Act 1994**.\n\nDivision 2—Override declaration\n\n\t31 Override by Parliament\n\n(1) Parliament may expressly declare in an Act that that Act or a provision of that Act or another Act or a provision of another Act has effect despite being incompatible with one or more of the human rights or despite anything else set out in this Charter.\n\n(2) If an override declaration is made in respect of an Act or a provision of an Act that declaration must be taken to extend to any subordinate instrument made under or for the purpose of that Act or provision.\n\nS. 31(3) amended by No. 20/2022 s. 22.\n\n(3) A member of Parliament who introduces a Bill containing an override declaration, or another member acting on the member's behalf, must make a statement to the Legislative Council or the Legislative Assembly, as the case requires, explaining the exceptional circumstances that justify the inclusion of the override declaration.\n\n(4) It is the intention of Parliament that an override declaration will only be made in exceptional circumstances.\n\n(5) A statement under subsection (3) must be made—\n\n(a) during the second reading speech for the Bill that contains the override declaration; or\n\n(b) after not less than 24 hours' notice is given of the intention to make the statement but before the third reading of the Bill; or\n\n(c) with the leave of the Legislative Council or the Legislative Assembly, as the case requires, at any time before the third reading of the Bill.\n\n(6) If an override declaration is made in respect of a statutory provision, then to the extent of the declaration this Charter has no application to that provision.\n\n**Note**\n\nAs the Charter has no application to a statutory provision for which an override declaration has been made, the Supreme Court cannot make a declaration of inconsistent interpretation in respect of that statutory provision. Also, the requirement under section 32 to interpret that provision in a way that is compatible with human rights does not apply.\n\n(7) A provision of an Act containing an override declaration expires on the 5th anniversary of the day on which that provision comes into operation or on such earlier date as may be specified in that Act.\n\n(8) Parliament may, at any time, re-enact an override declaration, and the provisions of this section apply to any re-enacted declaration.\n\n(9) A failure to comply with subsection (3) or (5) in relation to any Bill that becomes an Act does not affect the validity, operation or enforcement of that Act or of any other statutory provision.\n\nDivision 3—Interpretation of laws\n\n\t32 Interpretation\n\n(1) So far as it is possible to do so consistently with their purpose, all statutory provisions must be interpreted in a way that is compatible with human rights.\n\n(2) International law and the judgments of domestic, foreign and international courts and tribunals relevant to a human right may be considered in interpreting a statutory provision.\n\n(3) This section does not affect the validity of—\n\n(a) an Act or provision of an Act that is incompatible with a human right; or\n\n(b) a subordinate instrument or provision of a subordinate instrument that is incompatible with a human right and is empowered to be so by the Act under which it is made.\n\n\t33 Referral to Supreme Court\n\n(1) If, in a proceeding before a court or tribunal, a question of law arises that relates to the application of this Charter or a question arises with respect to the interpretation of a statutory provision in accordance with this Charter, that question may be referred to the Supreme Court if—\n\n(a) a party has made an application for referral; and\n\n(b) the court or tribunal considers that the question is appropriate for determination by the Supreme Court.\n\n(2) If a question has been referred to the Supreme Court under subsection (1), the court or tribunal referring the question must not—\n\n(a) make a determination to which the question is relevant while the referral is pending; or\n\n(b) proceed in a manner or make a determination that is inconsistent with the opinion of the Supreme Court on the question.\n\nS. 33(3) amended by No. 68/2009 s. 97(Sch. item 18.3).\n\n(3) If a question is referred under subsection (1) by the Trial Division of the Supreme Court or by the County Court, the referral is to be made to the Court of Appeal.\n\n(4) Despite anything contained in any other Act, if a question arises of a kind referred to in subsection (1), that question may only be referred to the Supreme Court in accordance with this section.\n\n\t34 Attorney-General's right to intervene\n\n(1) The Attorney-General may intervene in, and may be joined as a party to, any proceeding before any court or tribunal in which a question of law arises that relates to the application of this Charter or a question arises with respect to the interpretation of a statutory provision in accordance with this Charter.\n\n(2) If the Attorney-General intervenes in a proceeding under this section, then, for the purpose of the institution and prosecution of an appeal from an order made in that proceeding, the Attorney-General may be taken to be a party to the proceeding.\n\n\t35 Notice to Attorney-General and Commission\n\n(1) A party to a proceeding must give notice in the prescribed form to the Attorney-General and the Commission if—\n\n(a) in the case of a Supreme Court or County Court proceeding, a question of law arises that relates to the application of this Charter or a question arises with respect to the interpretation of a statutory provision in accordance with this Charter; or\n\n(b) in any case, a question is referred to the Supreme Court under section 33.\n\n(2) For the purpose of subsection (1), a notice is not required to be given to—\n\n(a) the Attorney-General if the State is a party to the relevant proceeding; or\n\n(b) the Commission if the Commission is a party to the relevant proceeding.\n\n\t36 Declaration of inconsistent interpretation\n\n(1) This section applies if—\n\n(a) in a Supreme Court proceeding a question of law arises that relates to the application of this Charter or a question arises with respect to the interpretation of a statutory provision in accordance with this Charter; or\n\n(b) the Supreme Court has had a question referred to it under section 33; or\n\n(c) an appeal before the Court of Appeal relates to a question of a kind referred to in paragraph (a).\n\n(2) Subject to any relevant override declaration, if in a proceeding the Supreme Court is of the opinion that a statutory provision cannot be interpreted consistently with a human right, the Court may make a declaration to that effect in accordance with this section.\n\n(3) If the Supreme Court is considering making a declaration of inconsistent interpretation, it must ensure that notice in the prescribed form of that fact is given to the Attorney-General and the Commission.\n\n(4) The Supreme Court must not make a declaration of inconsistent interpretation unless the Court is satisfied that—\n\n(a) notice in the prescribed form has been given to the Attorney-General and the Commission under subsection (3); and\n\n(b) a reasonable opportunity has been given to the Attorney-General and the Commission to intervene in the proceeding or to make submissions in respect of the proposed declaration of inconsistent interpretation.\n\n(5) A declaration of inconsistent interpretation does not—\n\n(a) affect in any way the validity, operation or enforcement of the statutory provision in respect of which the declaration was made; or\n\n(b) create in any person any legal right or give rise to any civil cause of action.\n\n(6) The Supreme Court must cause a copy of a declaration of inconsistent interpretation to be given to the Attorney-General—\n\n(a) if the period provided for the lodging of an appeal in respect of the proceeding in which the declaration was made has ended without such an appeal having been lodged, within 7 days after the end of that period; or\n\n(b) if on appeal the declaration is upheld, within 7 days after any appeal has been finalised.\n\n**Example**\n\nIf the Trial Division of the Supreme Court makes a declaration of inconsistent interpretation (based on a referral of a question from VCAT) and on appeal the Court of Appeal upholds the declaration, a copy of the declaration must be sent to the Attorney-General within 7 days after the Court of Appeal's decision.\n\n(7) The Attorney-General must, as soon as reasonably practicable, give a copy of a declaration of inconsistent interpretation received under subsection (6) to the Minister administering the statutory provision in respect of which the declaration was made, unless the relevant Minister is the Attorney-General.\n\n\t37 Action on declaration of inconsistent interpretation\n\nWithin 6 months after receiving a declaration of inconsistent interpretation, the Minister administering the statutory provision in respect of which the declaration was made must—\n\n(a) prepare a written response to the declaration; and\n\nS. 37(b) amended by No. 20/2022 s. 23.\n\n(b) cause a copy of the declaration and of the Minister's response to it to be—\n\n(i) laid before each House of Parliament; and\n\n(ii) published in the Government Gazette.\n\nDivision 4—Obligations on public authorities\n\n\t38 Conduct of public authorities\n\n(1) Subject to this section, 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.\n\n(2) Subsection (1) does not apply if, as a result of a statutory provision or a provision made by or under an Act of the Commonwealth or otherwise under law, the public authority could not reasonably have acted differently or made a different decision.\n\n**Example**\n\nWhere the public authority is acting to give effect to a statutory provision that is incompatible with a human right.\n\n(3) This section does not apply to an act or decision of a private nature.\n\n(4) Subsection (1) does not require a public authority to act in a way, or make a decision, that has the effect of impeding or preventing a religious body (including itself in the case of a public authority that is a religious body) from acting in conformity with the religious doctrines, beliefs or principles in accordance with which the religious body operates.\n\n(5) In this section ***religious body*** means—\n\n(a) a body established for a religious purpose; or\n\n(b) an entity that establishes, or directs, controls or administers, an educational or other charitable entity that is intended to be, and is, conducted in accordance with religious doctrines, beliefs or principles.\n\n\t39 Legal proceedings\n\n(1) If, otherwise than because of this Charter, a person may seek any relief or remedy in respect of an act or decision of a public authority on the ground that the act or decision was unlawful, that person may seek that relief or remedy on a ground of unlawfulness arising because of this Charter.\n\n(2) This section does not affect any right that a person has, otherwise than because of this Charter, to seek any relief or remedy in respect of an act or decision of a public authority, including a right—\n\n(a) to seek judicial review under the **Administrative Law Act 1978** or under Order 56 of Chapter I of the Rules of the Supreme Court; and\n\n(b) to seek a declaration of unlawfulness and associated relief including an injunction, a stay of proceedings or exclusion of evidence.\n\n(3) A person is not entitled to be awarded any damages because of a breach of this Charter.\n\n(4) Nothing in this section affects any right a person may have to damages apart from the operation of this section.\n\nPart 4—Victorian Equal Opportunity and Human Rights Commission\n\n\t40 Intervention by Commission\n\n(1) The Commission may intervene in, and may be joined as a party to, any proceeding before any court or tribunal in which a question of law arises that relates to the application of this Charter or a question arises with respect to the interpretation of a statutory provision in accordance with this Charter.\n\n(2) If the Commission intervenes in a proceeding under this section, then, for the purpose of the institution and prosecution of an appeal from an order made in that proceeding, the Commission may be taken to be a party to the proceeding.\n\n\t41 Functions of the Commission\n\nThe Commission has the following functions in relation to this Charter—\n\n(a) to present to the Attorney-General an annual report that examines—\n\n(i) the operation of this Charter, including its interaction with other statutory provisions and the common law; and\n\n(ii) all declarations of inconsistent interpretation made during the relevant year; and\n\n(iii) all override declarations made during the relevant year; and\n\n(b) when requested by the Attorney-General, to review the effect of statutory provisions and the common law on human rights and report in writing to the Attorney-General on the results of the review; and\n\n(c) when requested by a public authority, to review that authority's programs and practices to determine their compatibility with human rights; and\n\n(d) to provide education about human rights and this Charter; and\n\n(e) to assist the Attorney-General in the review of this Charter under sections 44 and 45; and\n\n(f) to advise the Attorney-General on anything relevant to the operation of this Charter; and\n\n(g) any other function conferred on the Commission under this Charter or any other Act.\n\n\t42 Powers\n\nThe Commission has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions under this Charter.\n\n\t43 Reports to be laid before Parliament\n\n(1) The Attorney-General must cause a copy of any report prepared by the Commission in accordance with section 41(a) or (b) (as amended under subsection (2), if applicable) to be laid before each House of Parliament on or before the 6th sitting day of that House after the Attorney-General has received the report.\n\n(2) The Attorney-General may amend a report received under section 41(a) or (b) if the Attorney-General considers it necessary to do so to prevent disclosure of—\n\n(a) the identity of any person whose human rights have, or may have been, contravened; or\n\n(b) the identity of any person who may have contravened another person's human rights; or\n\n(c) information that could, in the Attorney-General's opinion, harm the public interest.\n\nS. 43(3) amended by No. 20/2022 s. 24.\n\n(3) If the Attorney-General amends the report in accordance with subsection (2), the Attorney-General must present a statement that the report has been amended when laying the report before Parliament in accordance with subsection (1).\n\nPart 5—General\n\n\t44 Review of Charter after 4 years of operation\n\n(1) The Attorney-General must cause a review to be made of the first 4 years of operation of this Charter and must cause a copy of a report of the review to be laid before each House of Parliament on or before 1 October 2011.\n\n(2) A review under subsection (1) must include consideration as to whether—\n\n(a) additional human rights should be included as human rights under this Charter, including but not limited to, rights under—\n\n(i) the International Covenant on Economic, Social and Cultural Rights; and\n\n(ii) the Convention on the Rights of the Child; and\n\n(iii) the Convention on the Elimination of All Forms of Discrimination against Women; and\n\n(b) the right to self-determination should be included in this Charter; and\n\n(c) regular auditing of public authorities to assess compliance with human rights should be made mandatory; and\n\n(d) further provision should be made in this Charter with respect to proceedings that may be brought or remedies that may be awarded in relation to acts or decisions of public authorities made unlawful because of this Charter.\n\n\t45 Review of Charter after 8 years of operation\n\n(1) The Attorney-General must cause a review to be made of the 5th to 8th years of operation of this Charter and must cause a copy of a report of the review to be laid before each House of Parliament on or before 1 October 2015.\n\n(2) A report under subsection (1) must include a recommendation as to whether any further review of this Charter is necessary.\n\n\t46 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Charter to be prescribed or necessary to be prescribed to give effect to this Charter.\n\n(2) Without limiting subsection (1), the Governor in Council may make regulations for or with respect to—\n\n(a) prescribing entities to be public authorities for the purposes of this Charter; and\n\n(b) prescribing entities not to be public authorities for the purposes of this Charter; and\n\n(c) prescribing entities not to be public authorities for the purposes of this Charter when exercising certain functions; and\n\n(d) prescribing bodies that are authorised to accredit interpreters; and\n\n(e) prescribing forms for the purposes of this Charter.\n\n(3) A power conferred by this Charter to make regulations may be exercised—\n\n(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and\n\n(b) so as to make, as respects the cases in relation to which the power is exercised—\n\n(i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or\n\n(ii) any such provision either unconditionally or subject to any specified condition.\n\n(4) Regulations under this Charter may be made—\n\n(a) so as to apply at all times or at a specified time; and\n\n(b) so as to require matters affected by the regulations to be—\n\n(i) in accordance with specified standards or specified requirements; or\n\n(ii) approved by or to the satisfaction of specified persons or bodies or specified classes of persons or bodies; or\n\n(iii) as specified in both subparagraphs (i) and (ii); and\n\n(c) so as to apply, adopt or incorporate any matter contained in any document whatsoever whether—\n\n(i) wholly or partially or as amended by the regulations; or\n\n(ii) as in force at a particular time or as in force from time to time; and\n\n(d) so as to confer a discretionary authority or impose a duty on specified persons or bodies or specified classes of persons or bodies; and\n\n(e) so as to provide in specified cases or classes of case for the exemption of persons or things or classes of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.\n\nS. 47 repealed by No. 29/2011 s. 3(Sch. 1 item 8).\n\n* * * * *\n\n\t48 Savings provision\n\nNothing in this Charter affects any law applicable to abortion or child destruction, whether before or after the commencement of Part 2.\n\n\t49 Transitional provisions\n\n(1) This Charter extends and applies to all Acts, whether passed before or after the commencement of Part 2, and to all subordinate instruments, whether made before or after that commencement.\n\n(2) This Charter does not affect any proceedings commenced or concluded before the commencement of Part 2.\n\n(3) Division 4 of Part 3 does not apply to any act or decision made by a public authority before the commencement of that Division.\n\nS. 49(4) inserted by No. 68/2009 s. 97(Sch. item 18.4).\n\n(4) Section 33(3) as amended by item 18.3 of the Schedule to the **Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009** applies to a question referred under section 33(1) on or after the commencement of that item.\n\nSch. repealed by No. 29/2011 s. 3(Sch. 1 item 8).\n\n* * * * *\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 4 May 2006*\n\n*Legislative Council: 19 July 2006*\n\nThe long title for the Bill for this Act was \"to protect and promote human rights, to make consequential amendments to certain Acts and for other purposes.\"\n\nThe **Charter of Human Rights and Responsibilities Act 2006** was assented to on 25 July 2006 and came into operation as follows:\n\nSections 1–31, 40–49 and the Schedule on 1 January 2007: section 2(1); sections 32–39 on 1 January 2008: section 2(2).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Charter of Human Rights and Responsibilities Act 2006** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Coroners Act 2008, No. 77/2008**\n\n| Assent Date: | 11.12.08 |\n| --- | --- |\n| Commencement Date: | S. 129(Sch. 2 item 5) on 1.11.09: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Charter of Human Rights and Responsibilities Act 2006** |\n\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| --- | --- |\n| Commencement Date: | S. 97(Sch. item 18) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n| Current State: | This information relates only to the provision/s amending the **Charter of Human Rights and Responsibilities Act 2006** |\n\n\n**Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010)\n\n| Assent Date: | 2.3.10 |\n| --- | --- |\n| Commencement Date: | S. 203(1)(Sch. 6 item 5) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Charter of Human Rights and Responsibilities Act 2006** |\n\n\n**Equal Opportunity Act 2010, No. 16/2010** (as amended by No. 26/2011)\n\n| Assent Date: | 27.4.10 |\n| --- | --- |\n| Commencement Date: | S. 209(Sch. item 1) on 1.8.11: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Charter of Human Rights and Responsibilities Act 2006** |\n\n\n**Statute Law Revision Act 2011, No. 29/2011**\n\n| Assent Date: | 21.6.11 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 8) on 22.6.11: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Charter of Human Rights and Responsibilities Act 2006** |\n\n\n**Open Courts Act 2013, No. 58/2013**\n\n| *Assent Date:* | 22.10.13 |\n| --- | --- |\n| *Commencement Date:* | S. 37 on 1.12.13: s. 2(2) |\n| *Current State:* | This information relates only to the provision/s amending the **Charter of Human Rights and Responsibilities Act 2006** |\n\n\n**Public Administration Amendment (Public Sector Improvement) Act 2014, No. 6/2014**\n\n| *Assent Date:* | 11.2.14 |\n| --- | --- |\n| *Commencement Date:* | S. 14 on 1.4.14: Special Gazette (No. 65) 4.3.14 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Charter of Human Rights and Responsibilities Act 2006** |\n\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| --- | --- |\n| *Commencement Date:* | S. 10(Sch. item 15) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Charter of Human Rights and Responsibilities Act 2006** |\n\n\n**Local Government Act 2020, No. 9/2020**\n\n| *Assent Date:* | 24.3.20 |\n| --- | --- |\n| *Commencement Date:* | S. 390(Sch. 1 item 14) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Charter of Human Rights and Responsibilities Act 2006** |\n\n\n**Justice Legislation Amendment Act 2022, No. 20/2022**\n\n| *Assent Date:* | 31.5.22 |\n| --- | --- |\n| *Commencement Date:* | Ss 9–24 on 1.6.22: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Charter of Human Rights and Responsibilities Act 2006** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"Amendments since enactment (including changes to definitions, additions and clarifications in 2008–2022) have refined definitions, expanded procedural detail and adjusted some rights’ wording, but have not materially altered the Charter’s core purpose — to set out specified civil and political rights, require rights‑compatible interpretation of statutes, impose obligations on public authorities, and create reporting and remedial mechanisms (see s 1). Changes have been incremental and operational (e.g. renaming and enhancing the Commission’s role, updating the public‑authority list, clarifying children’s and procedural rights) rather than expanding the Act into areas outside its original human‑rights and public‑authority framework (compare s 1(2) with current Parts 2–4)."},"complexity_factors":["Part 2 enumerates 21 distinct human‑rights provisions (ss 7–27) that must be balanced and interpreted against limits (s 7(2)).","Section 3 (interpretation) contains around 17 defined terms that are reused throughout the Act (e.g. public authority, statutory provision, declaration of inconsistent interpretation, Commission).","Section 4’s public‑authority definition has multiple inclusions, exclusions and a five‑factor test for functions of a public nature (s 4(1)–(3)), producing conditional application to private entities.","Multiple procedural tracks and cross‑references: statements of compatibility (s 28), Scrutiny Committee reporting (s 30), regulatory powers (s 46), judicial referral (s 33), Attorney‑General and Commission intervention and notice rules (ss 34–35), declaration (s 36) and Ministerial response requirements (s 37).","Division 2 (override declaration, s 31) inserts a political remedy with special procedural requirements and a default 5‑year expiry, adding conditional legislative complexity.","Nested exceptions: public‑authority obligation subject to statutory impossibility (s 38(2)) and a specific religious‑body exemption (s 38(4)), requiring layered legal analysis in many cases.","Remedial complexity: the Charter allows reliance on existing unlawful‑act remedies (judicial review, declaratory relief) but flatly disallows damages for Charter breaches (s 39(2)–(4)), producing an unusual remedies profile to be navigated in litigation.","Regulations power (s 46) is broad and may be used to add or exclude public authorities and to prescribe accreditation of interpreters and forms, creating administrative rule‑making complexity.","Interplay with other laws and international authority: s 32(2) permits consideration of international law and foreign judgments, opening interpretive complexity and potential for comparative jurisprudence to be considered in local cases."],"plain_english_summary":"**What this law does (mechanically)**\n\n- Sets out a list of civil and political human rights that the Parliament of Victoria intends to protect (Part 2, ss 7–27).\n- Requires that, wherever possible, all Victorian statutes and subordinate rules be read and given effect in a way that is compatible with those rights (s 32).\n- Imposes an obligation on public authorities to act compatibly with those rights and to give proper consideration to relevant rights when making decisions (s 38).\n- Requires a statement of compatibility with human rights to be prepared for every Bill introduced into Parliament and allows the Parliamentary Scrutiny Committee to report on compatibility (ss 28, 30).\n- Gives the Supreme Court power to declare that a statutory provision cannot be interpreted consistently with a human right (a “declaration of inconsistent interpretation”) but does not invalidate the law; the responsible Minister must publicly respond within six months (ss 36–37).\n- Allows Parliament, in expressly stated and exceptional cases, to include an “override declaration” in an Act to make that provision operate despite incompatibility with the Charter; such overrides are time‑limited unless re‑enacted (s 31).\n- Confers functions and powers on the Victorian Equal Opportunity and Human Rights Commission to review, report, educate and intervene in proceedings about the Charter (Parts 3–4, ss 40–43).\n- Prescribes remedies and limits: breaches by public authorities can be relied on as a ground of unlawfulness in judicial review or other relief, but the Charter does not create a private right to damages (s 39).\n\n**Who the law affects**\n\n- Natural persons only — the Charter applies to “persons” (humans) and does not give rights to corporations (s 6(1)).\n- Public authorities in a broad sense: public officials, Ministers, Victoria Police, councils, entities established by statute, and entities performing public functions on behalf of the State (s 4). It also covers entities declared or excluded by regulation (s 4(1)(h),(k); s 46).\n- Courts and tribunals and Parliament in respect of the specific functions the Charter assigns them (s 6(2)).\n- Private organisations only when they are exercising functions of a public nature on behalf of the State (s 4(1)(c) and s 4(2)).\n- Religious bodies are explicitly treated as having a carve‑out so public authorities are not required to act in a way that prevents a religious body from acting according to its doctrines (s 38(4)).\n\n**Why it matters (practical effects and how it works in practice)**\n\n- Changes how laws are interpreted and how public decision‑makers must approach decisions. Courts must try to interpret statutory provisions compatibly with Charter rights where possible (s 32). That raises the interpretive baseline for legislation and administrative action.\n- Creates procedural obligations for law‑makers: ministers and members introducing Bills must prepare and lay statements of compatibility before second reading (s 28). This injects an extra compliance step into legislative drafting and parliamentary processes.\n- Empowers but limits courts: the Supreme Court can make declarations that a statutory provision cannot be interpreted compatibly (ss 33, 36), but those declarations do not invalidate the law; instead they prompt political and administrative responses (ss 36(5), 37). That design shifts the ultimate remedy from judicial invalidation to political or executive correction.\n- Places compliance costs and decision‑making costs on public authorities and on private entities carrying out public functions (s 4). Those actors must (a) train staff and review policies to identify and address human‑rights implications, and (b) factor human‑rights compatibility into contracts and service delivery.\n- Preserves parliamentary supremacy and executive discretion in two ways: Parliament can expressly override the Charter for particular provisions (s 31) and statutory duties or Commonwealth law that prevent a public authority acting differently exempt that authority from the Charter obligation (s 38(2)).\n- Limits legal exposure for government while increasing transparency and remedial pressure: individuals can rely on the Charter in judicial review and other unlawful‑act proceedings (s 39), but there is no entitlement to damages under the Charter itself (s 39(3)).\n\n**Stated purpose and an evidence‑based test against costs and incentives**\n\nThe Act expressly aims to protect and promote human rights (s 1(2)). Mechanisms provided to achieve that aim include interpretive duties (s 32), duties on public authorities (s 38), parliamentary scrutiny (ss 28, 30), judicial declarations (s 36) and an oversight role for the Commission (ss 40–43).\n\nCosts and incentives\n\n- Who pays: primarily public authorities (state departments, local councils, state contractors) bear the administrative and compliance costs — training, policy and contract review, statements of compatibility, and responding to judicial declarations (s 37). Private contractors performing public functions will bear incremental compliance costs when performing those functions (s 4(1)(c)).\n- Who decides: courts interpret laws and may issue declarations (ss 32, 36); Ministers must respond publicly to declarations (s 37); Parliament retains the final power to override via express declaration (s 31); the Attorney‑General and the Commission have intervention and reporting roles (ss 34–35, 40–43).\n- Behaviour changes: lawmakers now must produce statements of compatibility when introducing bills (s 28); public authorities must factor human rights into decisions and policy design (s 38); agencies and Ministers may be more likely to amend policy or legislation in response to a declaration or Commission report (ss 36–37, 41(a)).\n\nTrade‑offs, implementation risks and other practical effects\n\n- Trade‑offs: the Charter increases procedural and compliance burdens on government and public‑function providers while avoiding direct judicial striking‑down of legislation. That preserves parliamentary choice at the cost of potentially slower legal remedy (declarations and political responses rather than automatic invalidation) (ss 31, 36–37).\n- Implementation risk: the design relies on political and administrative follow‑up after declarations (s 37). If Ministers or Parliament do not act, the Charter’s protective effect depends on reputational, political and administrative pressure rather than a legal power to invalidate laws (s 36(5)).\n- Bureaucratic discretion: public authorities retain significant discretion in how they consider and apply human rights, subject to exceptions where statutory duties bar alternative action (s 38(2)). That discretion creates variability in compliance across agencies.\n- Impact on private enterprise: limited direct effect on ordinary commercial activity; material impact arises where private entities perform public functions or are recipients of public funding or procurement. In such cases, contracts and service specifications will likely require rights‑compliant processes and record‑keeping (s 4(2)).\n- Concentrated benefits and diffuse costs: individuals whose human rights are implicated stand to benefit from greater visibility and a formal review pathway (ss 36, 39–41); the main costs (administrative, training) fall on public authorities and, where relevant, private providers of public services.\n\n**Key procedural points to watch for**\n\n- Statements of compatibility must accompany Bills (s 28) but do not bind courts (s 28(4)) and failure to prepare one does not affect the validity of the resulting Act (s 29).\n- An override is possible but must be explicit in the Act, the sponsor must explain the exceptional circumstances (s 31(3)), and the override provision expires after five years unless re‑enacted (s 31(7)).\n- Courts may refer questions to the Supreme Court and the Attorney‑General and Commission must be notified and given an opportunity to intervene before a declaration of inconsistent interpretation can be made (ss 33–36).\n- The Charter does not create a standalone remedy of damages for breaches (s 39(3)).\n\nSelected section pointers: s 1 (purpose), s 3 (definitions), s 4 (public authority), s 7–27 (enumerated rights), s 28 (statements of compatibility), s 31 (override), s 32 (interpretation), s 36–37 (declaration and Ministerial response), s 38–39 (obligations and remedies), s 40–43 (Commission functions)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of protecting and promoting human rights in Victoria through the 'dialogue model' of rights protection. While there have been amendments (particularly the Justice Legislation Amendment Act 2022 which updated language for inclusivity and clarified procedural aspects), these are refinements rather than scope expansion. The core architecture — rights enumeration, interpretive obligation, public authority obligations, and parliamentary scrutiny — remains as enacted in 2006."},"complexity_factors":["Multiple defined terms (12+ definitions in section 3 alone, including complex concepts like 'public authority' and 'functions of a public nature')","Nested conditional logic in section 4 defining 'public authority' with 8 inclusive categories, 3 exclusive categories, and 5 interpretive factors in subsection (2)","Cross-references to at least 6 other Acts (Public Administration Act 2004, Equal Opportunity Act 2010, Local Government Act 2020, etc.)","Complex interaction between sections: override declarations (s.31) affect interpretation obligations (s.32) and declarations of inconsistent interpretation (s.36)","Temporal complexity with staggered commencement dates (2007 vs 2008) and transitional provisions (s.49)","Multi-layered exceptions: s.38(2) provides exceptions to the public authority conduct rule, s.38(4) provides exceptions for religious bodies, and s.7(2) sets out a multi-factor test for limiting rights","Procedural requirements for Supreme Court declarations (ss.33-37) involving referrals, notices, interventions, and ministerial responses","Non-standard remedies structure — declarations of inconsistent interpretation have no direct legal effect (s.36(5)) but trigger political accountability mechanisms (s.37)"],"plain_english_summary":"**What this law does:**\n\nThis is Victoria's human rights law — the **Charter of Human Rights and Responsibilities**. It sets out 20 fundamental civil and political rights that all people in Victoria have, and creates rules for how the Victorian Government, public servants, and other public bodies must respect those rights.\n\n**Key things the Charter does:**\n\n*   **Lists your rights** — including the right to life, freedom from torture, freedom of speech, religion, movement, privacy, fair trials, and cultural rights for Aboriginal people (Part 2).\n*   **Makes government accountable** — Before new laws are passed, politicians must prepare a \"statement of compatibility\" explaining whether the Bill respects human rights. A parliamentary committee also checks this (Division 1 of Part 3).\n*   **Requires rights-friendly interpretation** — Courts must interpret all Victorian laws, whenever made, in a way that is compatible with human rights \"so far as it is possible\" (section 32).\n*   **Puts obligations on public authorities** — Government departments, police, local councils, and other public bodies must not act in ways that breach human rights and must properly consider human rights when making decisions (section 38).\n*   **Allows courts to flag problems** — If the Supreme Court cannot interpret a law consistently with human rights, it can issue a \"declaration of inconsistent interpretation\" (section 36). This doesn't invalidate the law, but forces the relevant Minister to respond publicly within 6 months (section 37).\n*   **Lets Parliament override rights in exceptional cases** — Parliament can pass an \"override declaration\" if it explicitly wants a law to operate despite being incompatible with human rights. This expires after 5 years unless renewed (section 31).\n*   **Creates an independent watchdog** — The Victorian Equal Opportunity and Human Rights Commission monitors the Charter, educates the public, and can intervene in court cases about human rights (Part 4).\n\n**Who it affects:**\n\n*   **Everyone in Victoria** — all natural persons (human beings, not corporations) have these rights.\n*   **Public authorities** — including government departments, Victoria Police, local councils, public servants, and some private entities performing public functions (like private prison operators).\n*   **Courts and Parliament** — when interpreting laws or scrutinising new legislation.\n\n**Why it matters:**\n\nUnlike the US or Canada, Australia has no national bill of rights. This Charter is the main legal protection for human rights in Victoria. It doesn't let you sue for damages if your rights are breached, but it does require government to consider human rights in decision-making and allows courts to nudge Parliament when laws are incompatible with rights. It's a \"dialogue model\" — courts and Parliament talk to each other about rights, rather than courts having final say."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The provided text is largely metadata and version information with minimal substantive content visible. Based on publicly available knowledge of this Act, it has operated broadly as originally intended — a dialogue model of human rights protection for Victoria. There have been amendments over time, but no fundamental departure from the original scope or purpose of the legislation has been recorded."},"complexity_factors":["Abstract legal concepts such as 'proportionality' and 'reasonable limits' require interpretation and are not self-defining","The distinction between who qualifies as a 'public authority' (covered by the Act) versus a private entity (not covered) is often unclear and contested","Remedies are indirect and limited — no direct right of action exists solely for a human rights breach, which confuses laypeople about how to enforce rights","The 'declaration of incompatibility' mechanism is legally novel and has no direct legal consequence on the validity of the law in question","Courts must balance competing rights against each other and against reasonable limitations — a highly contextual and judgement-heavy exercise","Interaction with Commonwealth laws and the Australian Constitution adds a layer of jurisdictional complexity","The Act incorporates concepts drawn from international human rights law (e.g., the ICCPR), requiring knowledge of external frameworks to fully understand","Parliamentary override capability (section 31 override declarations) creates a tension between rights protection and legislative supremacy that is difficult to explain simply"],"plain_english_summary":"Victoria’s Charter of Human Rights and Responsibilities Act 2006 is the state’s foundational human rights law: it lists core rights (like life, speech, privacy, fair trial) and requires Victorian public authorities and parliament to consider and act compatibly with those rights. Courts must interpret laws to fit rights where possible and can issue declarations of inconsistency when laws conflict, but the Charter doesn’t override parliament or create a private right to sue. It mainly constrains government decision‑making affecting residents and public bodies."}},"importantCases":[],"_links":{"self":"/api/acts/charter-human-rights-and-responsibilities-act-2006","history":"/api/acts/charter-human-rights-and-responsibilities-act-2006/history","analysis":"/api/acts/charter-human-rights-and-responsibilities-act-2006/analysis","conflicts":"/api/acts/charter-human-rights-and-responsibilities-act-2006/conflicts","importantCases":"/api/acts/charter-human-rights-and-responsibilities-act-2006/important-cases","documents":"/api/acts/charter-human-rights-and-responsibilities-act-2006/documents"}}