{"id":"sr:charter-human-rights-and-responsibilities-public-authorities-regulations","name":"Charter of Human Rights and Responsibilities (Public Authorities) Regulations 2023","slug":"charter-of-human-rights-and-responsibilities-public-authorities-regulations-2023","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185917,"registerId":"vic-sr:charter-human-rights-and-responsibilities-public-authorities-regulations-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 (Public Authorities) Regulations 2023","content":"Version No. 001\n\n**Charter of Human Rights and Responsibilities (Public Authorities) Regulations 2023**\n\n**S.R. No. 88/2023**\n\nVersion as at  \n31 August 2023\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Public authorities 1\n\n═════════════\n\nEndnotes 3\n\n1 General information 3\n\n2 Table of Amendments 5\n\n3 Explanatory details 6\n\n**Version No.** **001**\n\n**Charter of Human Rights and Responsibilities (Public Authorities) Regulations 2023**\n\n**S.R. No. 88/2023**\n\nVersion as at  \n31 August 2023\n\n\t1 Objective\n\nThe objective of these Regulations is to declare certain entities not to be public authorities for the purposes of the **Charter of Human Rights and Responsibilities Act 2006**.\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 31 August 2023.\n\n\t4 Revocation\n\nThe Charter of Human Rights and Responsibilities (Public Authorities) Regulations 2013[[1]](#endnote-1) are **revoked**.\n\n\t5 Public authorities\n\nEach of the following entities is declared not to be a public authority for the purposes of the **Charter of Human Rights and Responsibilities Act 2006**—\n\n(a) the Adult Parole Board established by section 61 of the **Corrections Act 1986**;\n\n(b) the Youth Parole Board continued in existence by section 442 of the **Children, Youth and Families Act 2005**.\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 (Public Authorities) Regulations 2023, S.R. No. 88/2023 were made on 22 August 2023 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 31 August 2023: regulation 3.\n\nThe Charter of Human Rights and Responsibilities (Public Authorities) Regulations 2023 will sunset 10 years after the day of making on 22 August 2033 (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 (Public Authorities) Regulations 2023 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 129/2013. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument revokes the 2013 regulations (reg 4) and names two specific parole boards as not being public authorities (reg 5). The text does not broaden the class of excluded entities beyond those named, nor add new categories; there is no express indication in this instrument that the scope was expanded or narrowed compared with the prior instrument."},"complexity_factors":["Very short instrument: five regulations with limited operative content (regs 1–5).","Narrow scope: names two specific bodies and excludes them from the Charter (reg 5).","Interacts with external primary legislation: relies on definitions and obligations in the Charter Act 2006 (authorising power s46) and enabling Acts cited for the boards (Corrections Act s61; Children, Youth and Families Act s442).","Revokes a prior instrument (2013 regulations) without restating prior comparative text (reg 4), requiring cross-reference for historical change.","Administrative details in endnotes affect commencement and duration (commencement reg 3; sunset noted via Subordinate Legislation Act reference in endnotes).","Legal effect is simple to state but may have non-obvious practical consequences for rights and remedies because it removes Charter obligations from decision-makers."],"plain_english_summary":"These Regulations (under s46 of the Charter Act) declare the Adult Parole Board (Corrections Act s61) and the Youth Parole Board (Children, Youth and Families Act s442) not to be 'public authorities' for the Charter; they revoke the 2013 rules and commenced 31 August 2023 (regs 2–5). Effect: the two boards no longer carry Charter duties and their compliance burden is reduced (reg 5). Made by the Governor in Council (endnotes). The people subject to those boards' decisions face the direct effects; the boards gain reduced regulatory obligations."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The regulations perform exactly the function authorised by section 46 of the Charter Act — declaring specific entities not to be public authorities. The scope is narrow and precisely matches the original intent of the enabling provision."},"complexity_factors":["Only 5 regulations total, with just 1 substantive provision (regulation 5)","No defined terms section — uses plain language and references to other Acts","No conditional logic, exceptions, or nested provisions","Simple declarative structure: 'Entity X is declared not to be a public authority'","Only 2 entities listed, both identified by straightforward statutory references","No cross-references within the regulations themselves (only citations to parent Act and establishing legislation)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations **remove two specific government bodies from the reach of Victoria's human rights charter**.\n\nUnder the *Charter of Human Rights and Responsibilities Act 2006*, \"public authorities\" (government bodies and organisations performing public functions) must act consistently with human rights and can be held legally accountable if they don't. These regulations declare that **two parole boards are NOT public authorities** for the purposes of that Charter:\n\n- **The Adult Parole Board** — decides when adult prisoners get released on parole\n- **The Youth Parole Board** — decides when young offenders get released on parole\n\n**Who it affects:**\n\n- Prisoners and young offenders seeking parole (they cannot use the Charter to challenge parole decisions)\n- The two Parole Boards (they don't have to comply with Charter rights when making decisions)\n- Lawyers and courts handling parole-related human rights claims\n\n**Why it matters:**\n\nThis means people appearing before these Parole Boards **cannot argue that the Boards breached their human rights** under the Victorian Charter. For example, they cannot claim the Board failed to properly consider their right to humane treatment when detained, or their right to a fair hearing. This limits legal accountability for these specific bodies, even though they make decisions that significantly affect people's liberty."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available content, this regulation appears to serve its expected function as subordinate legislation defining the scope of 'public authority' under the Charter. There is insufficient substantive text to identify any unexpected expansions or contractions of scope from the original regulatory intent."},"complexity_factors":["Operates as subordinate legislation under a broader Act (the Charter of Human Rights and Responsibilities Act 2006), requiring knowledge of the parent Act to fully understand its effect","The concept of 'public authority' has nuanced legal boundaries — private bodies performing public functions can be included, which is not intuitive","Determining which entities are in or out requires cross-referencing the regulation's schedules or lists against the parent Act","Human rights law itself involves balancing and proportionality concepts that can be complex in application","Limited substantive text was provided, making complete assessment difficult — the actual schedules listing bodies are not visible in the provided content"],"plain_english_summary":"The regulation specifies which bodies count as \"public authorities\" under Victoria’s Charter of Human Rights and Responsibilities, so those organisations must consider and act compatibly with human rights when making decisions or delivering services. It affects Victorian government agencies, councils and other bodies — including some private service providers — and therefore determines who can be held to Charter duties.\n\nNote: the provided document is mostly metadata/version history and contains limited substantive listing detail."}},"importantCases":[],"_links":{"self":"/api/acts/charter-of-human-rights-and-responsibilities-public-authorities-regulations-2023","history":"/api/acts/charter-of-human-rights-and-responsibilities-public-authorities-regulations-2023/history","analysis":"/api/acts/charter-of-human-rights-and-responsibilities-public-authorities-regulations-2023/analysis","conflicts":"/api/acts/charter-of-human-rights-and-responsibilities-public-authorities-regulations-2023/conflicts","importantCases":"/api/acts/charter-of-human-rights-and-responsibilities-public-authorities-regulations-2023/important-cases","documents":"/api/acts/charter-of-human-rights-and-responsibilities-public-authorities-regulations-2023/documents"}}