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