find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Property lawyer - Melbourne
Category: Property Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Impressive client list, national firm · Well-led and high-performing team
View details
Senior family lawyer - Melbourne
Category: Family Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Outstanding national firm · High-calibre family law team
View details
Victoria to seek legal advice on human rights

Victoria to seek legal advice on human rights

Victoria is seeking legal advice on whether to roll back the state's controversial Charter of Human Rights.

Victoria is seeking legal advice on whether to roll back its controversial Charter of Human Rights.

The government today released its response to a parliamentary report that last year recommended removing courts and tribunals from a charter’s reach.

It said in the response that on the matter of whether to remove the courts and tribunals from the Charter, as well as repealing the obligation placed upon public authorities that they act compatibly with the Charter and consider rights when making decisions, the Scrutiny of Acts and Regulations Committee (SARC) could not reach a unanimous decision.

The government said it believes there is ongoing place for the courts in protecting rights in relation to the Charter, but said the issues raised by the Committee on these particular questions have generated controversies that need to be considered with clear evidence.

Attorney-General Robert Clark said that at the time SARC was finalising its report, and subsequently, there have been major court decisions handed down in the High Court and in the Court of Appeal about the operation of the Charter Act in the courts.

"There has been limited opportunity to observe the practical effect of those decisions on the various roles of the courts and VCAT in relation to the Charter.

Clark said the government would consult with key stakeholders involved with the legal aspects of the Charter Act's operation, including the Bar Council, Law Institute of Victoria, Victoria Legal Aid, DPP, Victoria Police, the Public Interest Law Clearing House and the Human Rights Law Centre.

The Law Institute of Victoria today enthusiastically welcomed what it said was the Government’s decision to retain Victoria’s Charter of Human Rights and Responsibilities.

LIV president Michael Holcroft said it appeared that the Government had listened to the overwhelming evidence provided to support the benefits of the Charter for all Victorians.

Holcroft said that 95 per cent of submissions received by the Scrutiny of Acts and Regulations Committee supported retention of the charter.

“We congratulate the Government for not bowing to pressure to abandon the Charter,” Holcroft said.

“The Victorian Government has shown that it accepts its responsibilities under the Charter to protect the rights of all Victorians,” Holcroft said.

Holcroft did acknowledge that a number of aspects of the Charter are still under review and the Government will be seeking further legal advice about certain key provisions.

“The LIV has undertaken a case audit which clearly demonstrated the fundamental role of the Courts under the Charter,” he said.

Holcroft said the LIV looks forward to working with the Government on the key provisions under review. The LIV called for a strengthening of the role of the Courts and notes that the Government has ruled out independent legal remedies or damages for breaches of the Charter. Currently there is no financial compensation under the Charter.

The LIV also submitted that the Charter should be extended to include economic, social and cultural rights, but Government has not opted to extend operation of the Charter into these areas.

 

 

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Victoria to seek legal advice on human rights
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Warning
Aug 23 2017
NT Law Society sounds alarm on mandatory sentencing
The Law Society Northern Territory has issued a warning over mandatory sentencing, saying it hasn’...
Unite
Aug 22 2017
Professionals unite in support of marriage equality
The presidents of representative bodies for solicitors, barristers and doctors in NSW have come toge...
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by Crowd & Co. The way we do business, where we work, how we engage with workers, ev...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...