Four-year Review of the Victorian Charter

1. Four-year Review of the Victorian Charter

2. Outline • Key Messages • Background to the Charter Review • Terms of Reference • Making a Submission • Further Information and Resources

3. Key Messages • Make a submission! • The Charter review presents a significant opportunity to strengthen and enhance its operation • Submissions should focus on providing evidence and examples of the impact and operation of the Charter • The Charter is still new legislation that is aimed at cultural change… institutional change takes time • Make a submission!

4. About the Charter Review • Review of the Charter after 4 years of operation: s 44 of the Charter • Report to be tabled by 1 October 2011 • Review to be undertaken by the Scrutiny of Acts and Regulations Committee (SARC) • Public submissions are due by 10 June 2011

5. Terms of Reference • Whether the Charter should include additional human rights, such as social and economic rights? • Whether the right to self-determination should be included? • Whether there should be mandatory regular auditing of public authorities? • Whether further provisions should be included regarding legal proceedings?

6. Terms of Reference (cont) • What have been the effects of the Charter on – • the development and drafting of new legislation • the consideration of new legislation by Parliament • the provision of services and other functions by public authorities • litigation and the roles and functions of courts • the availability of remedies for infringements of rights • What have been the overall benefits and costs of the Charter? • What options are there for reform or improvement?

7. Preliminary Observations • Terms of Reference focus on: • evidence base and costs/benefits of the Charter • impact and operation of the Charter • Examples, personal stories of how the Charter is being used in practice are important • positive stories = examples of where and how the Charter is operating effectively • negative stories = illustrations about how the Charter could operate more effectively • Political context

8. HRLC’s Key Reform Issues • Role of Parliament – The Charter has played an important role in ensuring that laws and policies are scrutinised by reference to human rights standards • Role of Executive – The legal obligation on public authorities to respect human rights plays a crucial role in the Charter’s effectiveness • Role of Courts – The Charter must provide accessible and effective remedies for breaches of human rights

9. HRLC’s Key Reform Issues (cont) • The Charter should be expanded to protect all human rights – civil, political, social, economic and cultural • Overall, there is good evidence that the Charter is having a positive impact on legislative and policy development and on public service delivery and outcomes • However, the Charter has not been a panacea to disadvantage and unfairness; rather, it provides a necessary and complementary layer of accountability

10. Role of Parliament(Terms of Reference 5(a) and (b)) • Statements of Compatibility (s 28) • Scrutiny of Acts and Regulations Committee (s 30) • Override Declarations (s 31) • Impact of the Charter on developing and drafting new legislation? • Impact of the Charter on discussion of human rights in Parliament? • Do you have any examples?

11. Role of “public authorities”(Term of Reference 5(c)) • Legal obligation on public authorities to act compatibly with human rights and to give ‘proper consideration’ to human rights in decision-making processes (s 38) • Impact of the Charter on the way that public authorities deliver their services? • Impact of the Charter on the way that public authorities develop their policies? • Do you have any examples?

12. Role of courts and tribunals(Terms of Reference 4, 5(d) and (e)) • All statutory provisions must be interpreted compatibly with human rights (s 32) • Legal proceedings – currently must have an existing cause of action (s 39) • Have you used the Victorian Charter in any legal proceedings? Did it affect the outcome? • How effective have you found non-legal remedies? • Should there be a free-standing cause of action?

13. Additional human rights(Terms of Reference 1 and 2) • The Charter currently protects 20 civil and political rights. Rights that are currently not protected include: • Right to housing • Right to education • Right to health • Work-related rights • Should additional rights be protected in the Charter? • What impact might they have?

14. Overall costs and benefits(Term of Reference 6) • The Charter is only four years old • The Charter’s “dialogue” model is aimed at prevention rather than litigation • What benefits have you seen as a result of the Charter? Have you seen any cultural shift? • Can you provide any examples?

15. Further Information and Resources • Scrutiny of Acts and Regulations Committee:www.parliament.vic.gov.au/sarc • Human Rights Law Centre website:www.hrlc.org.au/content/four-year-review-of-the-victorian-charter/ • Victorian Equal Opportunity and Human Rights Commission website, including annual reports on the Charter:www.humanrightscommission.vic.gov.au

16. Further Information and Resources (cont) • Previous human rights reports • Report of the National Human Rights Consultation (2009) • 5-year review of the ACT Human Rights Act (2009) • Report of the Victorian Human Rights Consultation Committee (2005) Contacts: • Ben Schokman, Human Rights Law Centre (03) 8636 4451 orben.schokman@hrlc.org.au • Jacqui Bell, Federation of Community Legal Centres(03) 9652 1511 orjacqui.bell@fclc.org.au

17. Four-year Review of the Victorian Charter