Articles, Materials and Commentary on Victorian Charter

 

Articles and Commentary - General Materials

Simeon Beckett, 'Interpreting Legislation Consistently with Human Rights', Paper to the 2007 National Administrative Law Forum, 14-15 June 2007

Carlo Carli MP, 'The Victorian Charter of Rights and Responsibilities and Scrutiny in Victoria', Paper to the Australia NZ Scrutiny of Parliament Conference, August 2007

Julie Debeljak, 'Balancing Rights in a Democracy: The Problems with Limitations and Overrides of Rights under the Victorian Charter of Human Rights and Responsibilities Act 2006' (2008) 32 Melbourne University Law Review 422

Julie Debeljak, 'The Human Rights Responsibilities of Public Authorities under the Charter of Rights', Paper to the 2007 LIV Victorian Charter of Human Rights Conference, 18 May 2007

Julie Debeljak, 'Mission Impossible: "Possible" Interpretations under the Victorian Charter and Their Impact on Parliamentary Sovereignty and Dialogue' in Marius Smith (ed), Human Rights 2006: The Year in Review (Castan Centre for Human Rights Law, Melbourne, 2007)

Julie Debeljak, 'Parliamentary Sovereignty and Dialogue under the Victorian Charter of Human Rights and Responsibilities: Drawing the Line Between Judicial Interpretation and Judicial Law-Making' (2007) 33 Monash University Law Review 9

Carolyn Evans, ‘Administrative Law and Australian Bills of Rights’, Paper to the Australian Institute of Administrative Law Annual Forum, 14 June 2006

Simon Evans, 'Interpretation, Reasonable Limits and Remedies', Presentation to the 2007 LIV Victorian Charter of Human Rights Conference, 18 May 2007

Simon Evans, 'The Victorian Charter of Rights and Responsibilities and the ACT Human Rights Act: Four Key Differences and their Implications for Victoria', Paper to the Australian Bills of Rights: The ACT and Beyond Conference, Canberra, 21 June 2006

Simon Evans, 'What Difference will the Charter of Rights and Responsibilities make to the Victorian Public Service?', Paper to Clayton Utz, Melbourne, 13 June 2006

Simon Evans and Carolyn Evans, 'Legal Redress under the Victorian Charter of Human Rights and Responsibilities' (2006) 17(4) Public Law Review 264

Jeremy Gans, 'Evidence Law under Victoria's Charter', University of Melbourne Legal Research Studies Paper 260 (2007)

Chris Hartigan, Rose Bryant-Smith and Afrooz Kaviani Johnson (Clayton Utz), 'Human Rights at Work: The Impact of the Charter of Human Rights and Responsibilities on the Victorian Public Sector' (2007) 12 Employment Law Bulletin 93 (text not available online)

Priyanga Hettiarachi, 'New meanings, reading in and Ghaidan in Australia: Perspectives on the operation of rights compatible rules of interpretation in Australian human rights legislation', Paper presented at Human Rights Policy and Practice Forum, October 2009, Melbourne

Priyanga Hettiarachi, 'The Sacred and the Profound: Judicial Review and Rights, Proportionality and Deference to Executive Conduct' (2007) 29 Australian Bar Review 223

Priyanga Hettiarachi, 'Simple and Complex: Interactions between the common law, private sphere and human rights legislation in Australia' (2009)

Priyanga Hettiarachi, ‘Some Things Borrowed, Some Things New: An Overview of Judicial Review of Legislation under the Charter of Human Rights and Responsibilities’ (2007) 7(1) Oxford University Commonwealth Law Journal 61

Stanley Isaiah, 'House of Lords Approach in Human Rights Matters and the Victorian Charter', Paper to the Victorian Bar, 8 April 2008

Stephen Lucas and Paul Mentor (Sparke Helmore), 'The Charter of Human Rights and Responsibilities Act 2006' (August 2006)

Philip Lynch, 'The Impact of the Charter of Human Rights on Public Interest Litigation', Presentation to the 2007 LIV Victorian Charter of Human Rights Conference, 18 May 2007

Philip Lynch, 'Impacts and Implications of the Victorian Charter of Human Rights and Responsibilities', Presentation to the Victorian Bar, 8 April 2008

Philip Lynch, 'Protecting Economic and Social Rights under the Victorian Charter of Human Rights', Paper to the LIV Charter of Rights Conference, 30 May 2008

Fiona McKenzie, 'The Victorian Human Rights Charter and Statutory Power', Victorian Bar, 14 December 2007

Ron Merkel QC, Memorandum of Advice on the Interpretation and Application of s 39 of the Charter of Human Rights and Responsibilities Act 2006 (Vic) (August 2007)

Tom Mosby and Udara Jayasinghe (Clayton Utz), 'A Charter of Human Rights and Responsibilities: Applications and Implications for Victoria' (2006) 50 AIAL Forum 23 (text not available online)

Justice Marcia Neave, 'Introduction to Charter of Human Rights and Responsibilities', Paper to Judicial College of Victoria Human Rights Intensive, October 2007

Rachel Nicolson (Allens Arthur Robinson), 'The Impact of the Charter of Rights on Corporations', Paper to the 2007 LIV Victorian Charter of Human Rights Conference, 18 May 2007

Peter O'Donahoo and Emily Howie (Allens Arthur Robinson), 'Focus On: Victorian Charter of Human Rights' (October 2006)

Alistair Pound, 'The Meaning of the Charter of Human Rights and Responsibilities for Judicial Review and Administrative Review', Paper to the 2007 LIV Victorian Charter of Human Rights Conference, 18 May 2007

Alice Rolls, 'Avoiding Tragedy: Would the Decision of the High Court in Al-Kateb have been any Different if Australia had a Bill of Rights like Victoria?' (2007) 18 Public Law Review 119

Chief Justice Jim Spigelman, ‘Statutory Interpretation and Human Rights’, Second Lecture in the 2008 McPherson Lectures, Brisbane, 11 March 2008

Kristina Stern, 'The Victorian Charter of Human Rights: What is Left Unsaid?', Paper to Australian Institute of Administrative Law, 3 May 2007

Bill Swannie, 'House Rules: Anti-Discrimination Exemptions under the Charter' (2010) 84 Law Institute Journal 58

Bill Swannie, 'The Right to Home under the Victorian Charter' (2010) 35 Alternative Law Journal

Pamela Tate SC, 'The Charter of Human Rights and Responsibilities: A Practical Introduction', Paper to the Victorian Bar, 7 March 2007 (plus accompanying handout)

Pamela Tate SC, 'A Practical Introduction to the Charter of Human Rights and Responsibilities', Paper to Victorian Government Solicitors, Melbourne, 29 March 2007

Pamela Tate SC, 'Protecting Human Rights in a Federation' (2008) 33 Monash University Law Review 217

John Tobin, 'Spotting a Human Rights Issue: A Guide to the Practical Skills Required', Paper to the LIV Charter of Rights Conference, 30 May 2008

VGSO, 'What is a Public Authority?', Charter of Human Rights Newsletter No 1 (January 2007)

VGSO, 'Human Rights in Criminal and Civil Proceedings', Charter of Human Rights Newsletter No 2 (February 2007)

VGSO, 'Statements of Compatibility', Charter of Human Rights Newsletter No 3 (March 2007)

VGSO, 'Remedies and Transitional Provisions', Charter of Human Rights Newsletter No 5 (December 2007)

Lord Robert Walker, 'What Difference can a Human Rights Charter Make?', Paper to Human Rights Law Resource Centre and Victorian Equal Opportunity and Human Rights Commission, Melbourne, 15 August 2007

Brian Walters SC and Simon McGregor, 'The Charter of Human Rights and Responsibilities: A Practitioners' Guide', Paper to Victorian Bar, 10 August 2007

George Williams, 'The Victorian Charter of Human Rights and Responsibilities: Origins and Scope' (2006) 30 Melbourne University Law Review 880

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Comparative and International Materials

International Materials

UN Human Rights Committee

The Victorian Charter of Human Rights and Responsibilities ('Charter') enshrines a range of rights derived from the International Covenant on Civil and Political Rights ('ICCPR').

The UN Human Rights Committee ('HRC') is responsible for monitoring implementation of, and compliance with, the ICCPR.

Pursuant to the First Optional Protocol to the ICCPR, the HRC also has jurisdiction to hear complaints from individuals who claim that their human rights have been violated by a State party to that Protocol.

Through these functions, the HRC has generated significant jurisprudence regarding the substantive content and application of civil and political rights.

The following sources of jurisprudence, in particular, may be relevant:

The Bayefsky website also contains summaries of HRC jurisprudence (including General Comments, Views and Concluding Observations):

UN Special Rapporteurs (or Human Rights Experts)

The UN Human Rights Council has also appointed a number of UN Special Rapporteurs (or independent experts) with thematic mandates in areas of civil and political rights under the ICCPR.  Among other things, these Special Rapporteurs are responsible for developing the normative content of human rights within their mandate, including by preparing and publishing annual reports and thematic reports.  Special Rapporteurs have been appointed, and developed jurisprudence and standards, in the following areas, among others, relevant to the Charter:

For further international human rights resources and materials, see Research Links.

Comparative Materials

Section 32(2) of the Charter provides that 'international law and the judgments of domestic, foreign and international courts and tribunals relevant to a human right may be considered in interpreting a statutory provision'.

Given that the Charter is modelled on similar human rights instruments in the ACT, the United Kingdom and New Zealand, jurisprudence from each of those jurisdictions is likely to be particularly useful and relevant to the interpretation and application of the Charter.  Below is a list of online resources for jurisprudence and case law from each of those jurisdictions.

ACT - Human Rights Act 2004 (ACT)

United Kingdom - Human Rights Act 1998 (UK)

New Zealand - New Zealand Bill of Rights Act 1990

Canada - Canadian Charter of Rights and Freedoms 1982

 

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MichelleBennett