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
Charter changes sound death knell

Charter changes sound death knell

The proposed amendments to Victoria's Charter of Human Rights will effectively bring it to an end, according to the Law Institute of Victoria (LIV). The Scrutiny of Acts and Regulation…

The proposed amendments to Victoria's Charter of Human Rights will effectively bring it to an end, according to the Law Institute of Victoria (LIV).

The Scrutiny of Acts and Regulation Committee's (SARC) Final Report of the Review of the Victorian Charter, tabled in Parliament yesterday (14 September), rejected LIV's argument that the Charter should be expanded to include social and economic rights as well as a right to damages.

While not proposing a complete repeal of the Charter, the report found the Charter had not lead to dramatic changes to the courts system and that key provisions applying to the courts were subject to major uncertainties about their meaning and operation.

"We believe that the issues identified by the committee could be resolved by recommendations to strengthen and clarify its operations in the courts," said LIV president Caroline Counsel, urging Attorney-General Robert Clark not to adopt the SARC's recommendations.

According to Counsel, the amendments put forward by the SARC will amount to a "wholesale wind back" if adopted.

"The majority proposals sound an effective death knell for the Charter as we know it if implemented by the Victorian Government," said Counsel. "In the limited time of the Charter's operation, the overwhelming evidence available has demonstrated the value of the Charter to ordinary Victorians."

According to Counsel, the SARC's final report proposes that the Charter be wound back to apply only to scrutiny of new laws. This, she said, would mean any obligations on public authorities would be repealed, as would any interpretative role for the courts.

The PILCH Homeless Persons' Legal Clinic (HPLC) has also expressed concern over the SARC's report, claiming that the proposals may increase the number of homeless Victorians.

"Reducing the role of courts and tribunals will make government less accountable for human rights compliance," said HPLC manager and principal lawyer, James Farrell. "There will be very little incentive for public bodies to consider people's rights and weigh up their hardships because there will be no consequences of not doing this."

The Government now has six months to respond to the SARC's report.

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

Charter changes sound death knell
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 & ...