find the latest legal job
Corporate and Commercial Partner
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Full time · Join a leading Adelaide commercial law firm
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Sydney NSW
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Melbourne VIC
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
Legal Inhouse / Lawyer / Company Secretary
Category: Other | Location: Brisbane QLD 4000
· Fantastic Company · Potential to be Part Time / Flexible Work Pattern
View details
Infrastructure Lawyer/SA
Category: Construction Law | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Global elite law firm · Dedicated Infrastructure team
View details
Lawyers urged to embrace human rights charter

Lawyers urged to embrace human rights charter

Katie Miller LIV

An online database of cases invoking the Victorian human rights charter will help lawyers identify cases where the legislation could apply, the Law Institute of Victoria has said.

The database comes after an audit by the LIV and Ashurst of all cases where the Charter of Human Rights and Responsibilities was relied upon in court.

LIV president Katie Miller (pictured) said the audit showed the charter was having an “important but measured effect on litigation”, with an average of 24 charter cases per year over 2013 and 2014.

According to Ms Miller, the charter is an essential part of the Victorian lawyer’s “toolkit”.

“The Law Institute of Victoria's position is that a lawyer's responsibility to their client is to look at all the laws relevant to the client's particular legal issues,” Ms Miller said. “In some of those cases, that will include the Charter of Human Rights.

“We think the charter case audit that we've launched today will help lawyers who don't practice in this field on a regular basis to identify how it might be relevant to a client's issue.”

The audit revealed the charter was most commonly used to defend a client’s right to a fair hearing, enshrined in section 24.

The greatest impact of the charter has been in the civil and administrative sphere, with these making up 77 per cent of all charter cases, compared with 23 per cent for criminal law.

Ms Miller said this statistic demonstrated the charter’s impact on mediating conflict between the public and the state.

“It's been very effective in areas like equal opportunity and housing. It really shows the importance of the charter to resolving the disputes that everyday, ordinary people have with government.”

Ms Miller welcomed the ongoing review of the charter by Michael Brett Young for the state Attorney-General, saying the audit had contributed to this investigation.

“The Law Institute of Victoria believes that Victoria is one of the leaders in Australia in recognising the importance of enshrining human rights in law,” she said.

“We think the current review of the charter … is important to review how the charter is working in practice so we can build on that and make it an even better charter."



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

Lawyers urged to embrace human rights charter
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Nov 24 2017
Demand lifts in 2017/18 for short-term finance to cover crises
Promoted by NWC Finance. The first five months of the 2017-18 financial year have seen unpreceden...
LCA welcomes religious freedom panel
Nov 24 2017
LCA welcomes religious freedom panel
The Law Council of Australia says the establishment of a panel which will examine the human right to...
Law Society launched a new website, legal politics and lawmaking
Nov 24 2017
Law Society launches project to engage young Aussies
The Law Society of NSW has launched a new website to engage young Australians in legal politics and ...
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'...
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...
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 & ...