{"id":"sr:charter-human-rights-and-responsibilities-general-regulations-2017","name":"Charter of Human Rights and Responsibilities (General) Regulations 2017","slug":"charter-of-human-rights-and-responsibilities-general-regulations-2017","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183593,"registerId":"vic-sr:charter-human-rights-and-responsibilities-general-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Charter of Human Rights and Responsibilities (General) Regulations 2017","content":"Version No. 001\n\n**Charter of Human Rights and Responsibilities (General) Regulations 2017**\n\n**S.R. No. 122/2017**\n\nVersion as at  \n8 December 2017\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Accrediting body for interpreters 2\n\n6 Prescribed form of notice to Attorney-General and the Victorian Equal Opportunity and Human Rights Commission 2\n\n7 Prescribed form of notice that the Supreme Court is considering making a declaration of inconsistent interpretation 2\n\nSchedule 1—Forms 3\n\n═════════════\n\nEndnotes 6\n\n1 General information 6\n\n2 Table of Amendments 8\n\n3 Amendments Not in Operation 9\n\n4 Explanatory details 10\n\n**Version No.** **001**\n\n**Charter of Human Rights and Responsibilities (General) Regulations 2017**\n\n**S.R. No. 122/2017**\n\nVersion as at  \n8 December 2017\n\n\t1 Objectives\n\nThe objectives of these Regulations are to prescribe—\n\n(a) the accrediting body for interpreters; and\n\n(b) the form of notice to the Attorney-General and the Victorian Equal Opportunity and Human Rights Commission of a proceeding under section 35(1) of the Charter of Human Rights and Responsibilities; and\n\n(c) the form of notice that the Supreme Court is considering making a declaration of inconsistent interpretation under section 36(3) of the Charter of Human Rights and Responsibilities.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 46 of the **Charter of Human Rights and Responsibilities Act 2006**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 8 December 2017.\n\n\t4 Revocation\n\nThe Charter of Human Rights and Responsibilities (General) Regulations 2007[[1]](#endnote-1) are **revoked**.\n\n\t5 Accrediting body for interpreters\n\nFor the purposes of paragraph (a) of the definition of ***interpreter*** in section 3(1) of the Charter of Human Rights and Responsibilities, the prescribed body is the National Accreditation Authority for Translators and Interpreters Limited (A.C.N. 008 596 996).\n\n\t6 Prescribed form of notice to Attorney-General and the Victorian Equal Opportunity and Human Rights Commission\n\nFor the purposes of section 35(1) of the Charter of Human Rights and Responsibilities, the prescribed form of notice to the Attorney-General and the Victorian Equal Opportunity and Human Rights Commission is set out in Form 1 of Schedule 1.\n\n\t7 Prescribed form of notice that the Supreme Court is considering making a declaration of inconsistent interpretation\n\nFor the purposes of section 36(3) of the Charter of Human Rights and Responsibilities, the prescribed form of notice that the Supreme Court is considering making a declaration of inconsistent interpretation is set out in Form 2 of Schedule 1.\n\nSchedule 1—Forms\n\nForm 1\n\nRegulation 6\n\nNotice to the Attorney-General and the Victorian Equal Opportunity and Human Rights Commission Under the charter of human rights and responsibilities\n\n1. The [*party who raises the question*] gives notice that—\n\n*in the case of [*insert* *the names of parties and* *Supreme Court Proceeding No./County Court Proceeding No.*]—\n\n*a question of law arises that relates to the application of the Charter of Human Rights and Responsibilities (\"the Charter\").\n\n*a question arises with respect to the interpretation of a statutory provision in accordance with the Charter.\n\n*in the case of [*insert the names of parties and the relevant Proceeding No*. *from which the referral is made*] a question has been referred to the Supreme Court under section 33 of the Charter in [*Court of Appeal/Trial Division*] Proceeding No. [*insert number*].\n\n2. [*State specifically—*\n\n**the question of law that relates to the application of the Charter*;\n\n**the question with respect to the interpretation of a statutory provision in accordance with the Charter*;\n\n**in the case of a question referred to the Supreme Court under section 33 of the Charter, the question referred*.]\n\n3. [*State the facts showing the matter is one to which—*\n\n**a question of law arises that relates to the application of the Charter*;\n\n**a question arises with respect to the interpretation of a statutory provision in accordance with the Charter*.]\n\n4. [*State the relevant directions, if any, made by the Court in relation to the proceeding and provide details of the next directions/hearing date*.]\n\nDated: [*insert date*]\n\nSigned: [*insert signature*]\n\nTo the: Victorian Government Solicitor on behalf of the Attorney-General, Level 25, 121 Exhibition Street, Melbourne Victoria 3000 (or email to <charter@vgso.vic.gov.au>) and to the Victorian Equal Opportunity and Human Rights Commission, Legal Unit, Level 3, 204 Lygon Street, Carlton Victoria 3053 (or email to legal@veohrc.vic.gov.au)\n\nAnd to the: [*Prothonotary of the Supreme Court/Registrar of the Court of Appeal*]\n\nAnd to: [*insert details of other party/parties*]\n\n*Delete  if not applicable\n\nForm 2\n\nRegulation 7\n\nNotice that the Supreme Court is Considering Making a Declaration of Inconsistent Interpretation under the charter of human rights and responsibilities\n\n[*Heading as appropriate*]\n\nTo the: Victorian Government Solicitor on behalf of the Attorney-General, Level 25, 121 Exhibition Street, Melbourne Victoria 3000 (or email to <charter@vgso.vic.gov.au>)\n\nAnd to the: Victorian Equal Opportunity and Human Rights Commission, Legal Unit, Level 3, 204 Lygon Street, Carlton Victoria 3053 (or email to legal@veohrc.vic.gov.au)\n\n**TAKE NOTICE** that—\n\nThe [*Trial Division of the Supreme Court/Court of Appeal*] is considering making a declaration of inconsistent interpretation in relation to [*insert relevant details of statutory provision*] and section [*insert relevant section*] of the Charter of Human Rights and Responsibilities  in this proceeding.\n\nThis proceeding is listed for [*directions/hearing*] on [*insert date*].\n\nDated: [*insert date*]\n\nSigned: [*insert signature*]\n\nAnd to: [*insert details of other party/parties*]\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\nThe Charter of Human Rights and Responsibilities (General) Regulations 2017, S.R. No. 122/2017 were made on 28 November 2017 by the Governor in Council under section 46 of the **Charter of Human Rights and Responsibilities Act 2006**, No. 43/2006 and came into operation on 8 December 2017: regulation 3.\n\nThe Charter of Human Rights and Responsibilities (General) Regulations 2017 will sunset 10 years after the day of making on 28 November 2027 (see section 5 of the **Subordinate Legislation Act 1994**).\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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule 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 a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Charter of Human Rights and Responsibilities (General) Regulations 2017 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Reg. 4: S.R. No. 135/2007. [↑](#endnote-ref-1)","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":2,"scope_assessment":{"changed":false,"description":"The Regulations replace the 2007 General Regulations (reg 4) but remain procedural: they continue to prescribe the interpreter accrediting body (reg 5) and the forms for notices under sections 35 and 36 of the Charter (reg 6–7, Schedule 1). No new substantive rights or duties are created in this instrument; its effect is to formalise who is notified and the format of notices rather than to change the Charter's substantive scope."},"complexity_factors":["Narrow, technical scope limited to administrative matters (reg 1; regs 5–7).","Dependence on the primary Act for legal effect (made under s.46 of the Charter of Human Rights and Responsibilities Act 2006) (reg 2).","Prescribes mandatory forms and recipients, creating specific procedural compliance requirements for parties and courts (reg 6–7; Schedule 1 Forms 1 & 2).","Designates an external body as the accrediting authority, linking regulation to an independent corporation (reg 5).","Revocation of predecessor instrument increases transitional/interpretation tasks but not substantive change (reg 4).","Interplay with court processes and Charter provisions (sections 33, 35 and 36 referenced in regs 6–7) creates dependency on judicial procedure rather than creating new rights or obligations."],"plain_english_summary":"These Regulations set a small number of technical rules under the Charter of Human Rights and Responsibilities: they name the accredited body for interpreters and prescribe the exact notice forms courts and parties must use when Charter issues or inconsistent-interpretation declarations arise. They also revoke the 2007 regulations they replace. The measures affect court parties, the Attorney-General’s office and the Victorian Equal Opportunity and Human Rights Commission by fixing who must be notified, how notices look, and which interpreter accreditor counts."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Regulations remain tightly focused on their original administrative purpose: prescribing the accrediting body for interpreters and standardising notification forms for Charter proceedings. There is no evidence of scope creep or expansion beyond the machinery provisions contemplated by section 46 of the parent Act."},"complexity_factors":["Only 7 substantive regulations plus 2 template forms in Schedule 1","No defined terms section - relies entirely on definitions in the parent Charter of Human Rights and Responsibilities Act 2006","Minimal cross-referencing (only references to specific sections of the parent Act)","No conditional logic, exceptions, or nested provisions","Straightforward prescriptive structure ('the prescribed body is...', 'the prescribed form is...')","Forms are templates with bracketed instructions rather than complex legal provisions"],"plain_english_summary":"**What this legislation does:**\n\nThese Regulations are the administrative 'machinery' that makes Victoria's human rights charter work in practice. They set out three specific practical rules:\n\n*   **Who qualifies as a professional interpreter:** The Regulations name the National Accreditation Authority for Translators and Interpreters (NAATI) as the official body that accredits interpreters. This matters because under the Charter, people who need interpreters in legal proceedings must use someone accredited by this specific body.\n\n*   **The paperwork for human rights cases:** When someone raises a human rights question in a Victorian court, they must notify both the Attorney-General and the Victorian Equal Opportunity and Human Rights Commission. These Regulations provide the official template form (Form 1) that must be used for this notification.\n\n*   **The paperwork for 'declarations of inconsistent interpretation':** If the Supreme Court is thinking about making a special ruling that a Victorian law cannot be interpreted in a way that matches the Charter (called a 'declaration of inconsistent interpretation'), the court must notify the Attorney-General. The Regulations provide the official template form (Form 2) for this rare but significant situation.\n\n**Who it affects:**\n\n*   Lawyers and self-represented litigants bringing human rights arguments in Victorian courts\n*   Courts (Supreme Court, County Court) handling Charter-related matters\n*   The Victorian Government Solicitor and the Victorian Equal Opportunity and Human Rights Commission (who receive the notices)\n*   Interpreters working in the Victorian justice system\n\n**Why it matters:**\n\nWithout these Regulations, there would be no standardised way to notify the government and human rights commission about Charter cases, and no clarity on which interpreters are officially recognised. This ensures human rights challenges are handled consistently and that language services in courts meet professional standards."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no evidence that the scope of this regulation has changed from its original intent. It appears to remain a general supporting regulation for the Charter of Human Rights and Responsibilities Act 2006, consistent with its 'as made' version. However, the limited content visible makes a definitive assessment impossible."},"complexity_factors":["Insufficient substantive content provided — only metadata and version history visible, preventing analysis of operative provisions","Regulations operate subordinately to the parent Charter Act, requiring cross-reference to understand full effect","Human rights law can involve nuanced constitutional and interpretive questions, though regulations typically address more procedural matters","Victorian-specific jurisdiction adds a layer of complexity for those unfamiliar with state-level human rights frameworks"],"plain_english_summary":"The Charter of Human Rights and Responsibilities (General) Regulations 2017 is a Victorian regulation that supports and implements the Charter Act by setting out administrative and technical details—forms, procedures and other practical rules—that help the Act operate. It affects Victorians whose rights are engaged, public authorities bound by the Charter, and legal practitioners, shaping how rights are protected and enforced in practice.\n\nNote: the supplied document appears to be a metadata/version shell with limited substantive text."}},"importantCases":[],"_links":{"self":"/api/acts/charter-of-human-rights-and-responsibilities-general-regulations-2017","history":"/api/acts/charter-of-human-rights-and-responsibilities-general-regulations-2017/history","analysis":"/api/acts/charter-of-human-rights-and-responsibilities-general-regulations-2017/analysis","conflicts":"/api/acts/charter-of-human-rights-and-responsibilities-general-regulations-2017/conflicts","importantCases":"/api/acts/charter-of-human-rights-and-responsibilities-general-regulations-2017/important-cases","documents":"/api/acts/charter-of-human-rights-and-responsibilities-general-regulations-2017/documents"}}