Charter of Human Rights and Responsibilities Act 2006 (Vic)

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Version No. 015

Charter of Human Rights and Responsibilities Act 2006

No. 43 of 2006

Version incorporating amendments as at


1 June 2022

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose and citation

2Commencement

3Definitions

4What is a public authority?

5Human rights in this Charter in addition to other rights and freedoms

6Application

Part 2—Human rights

7Human rights—what they are and when they may be limited

8Recognition and equality before the law

9Right to life

10Protection from torture and cruel, inhuman or degrading treatment

11Freedom from forced work

12Freedom of movement

13Privacy and reputation

14Freedom of thought, conscience, religion and belief

15Freedom of expression

16Peaceful assembly and freedom of association

17Protection of families and children

18Taking part in public life

19Cultural rights

20Property rights

21Right to liberty and security of person

22Humane treatment when deprived of liberty

23Children in the criminal process

24Fair hearing

25Rights in criminal proceedings

26Right not to be tried or punished more than once

27Retrospective criminal laws

Part 3—Application of human rights in Victoria

Division 1—Scrutiny of new legislation

28Statements of compatibility

29No effect on Victorian law

30Scrutiny of Acts and Regulations Committee

Division 2—Override declaration

31Override by Parliament

Division 3—Interpretation of laws

32Interpretation

33Referral to Supreme Court

34Attorney-General's right to intervene

35Notice to Attorney-General and Commission

36Declaration of inconsistent interpretation

37Action on declaration of inconsistent interpretation

Division 4—Obligations on public authorities

38Conduct of public authorities

39Legal proceedings

Part 4—Victorian Equal Opportunity and Human Rights Commission

40Intervention by Commission

41Functions of the Commission

42Powers

43Reports to be laid before Parliament

Part 5—General

44Review of Charter after 4 years of operation

45Review of Charter after 8 years of operation

46Regulations

48Savings provision

49Transitional provisions

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 015

Charter of Human Rights and Responsibilities Act 2006

No. 43 of 2006

Version incorporating amendments as at


1 June 2022

Preamble

On behalf of the people of Victoria the Parliament enacts this Charter, recognising that all people are born free and equal in dignity and rights.

This Charter is founded on the following principles—

·human rights are essential in a democratic and inclusive society that respects the rule of law, human dignity, equality and freedom;

·human rights belong to all people without discrimination, and the diversity of the people of Victoria enhances our community;

·human rights come with responsibilities and must be exercised in a way that respects the human rights of others;

·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.

The Parliament of Victoria therefore enacts:

Part 1—Preliminary

1Purpose and citation

(1)This Act may be referred to as the Charter of Human Rights and Responsibilities and is so referred to in this Act.

(2)The main purpose of this Charter is to protect and promote human rights by—

(a)setting out the human rights that Parliament specifically seeks to protect and promote; and

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.