Relevance of the Victorian Charter of Rights to Civil Justice
On 21 December 2006, the Centre made a submission to the Victorian Law Reform Commission Civil Justice Review entitled, The Right to a Fair Hearing: The Relevance of the Charter of Human Rights and Responsibilities Act 2006 (Vic) to Civil Justice. The submission considers the impact that the Victorian Charter, specifically the right to a ‘fair hearing’ enshrined in section 24, is likely to have on civil justice in Victoria.
The submission:
- provides a summary of international and comparative human rights law and jurisprudence to assist in determining what may be considered to be the minimum requisite elements of the right to a ‘fair hearing’ in civil proceedings; and
- discusses the impact that the right to a ‘fair hearing’ in the Victorian Charter is likely to have on the civil justice system in Victoria by reference to experiences in other jurisdictions, including the UK and the ACT.
The submission contains a number of recommendations designed to ensure that civil justice policy, procedure and practice in Victoria is compatible with human rights.
On 2 August 2007, the Centre made a Submission in Response to the Commission's Draft Civil Justice Reform Proposals.
On 6 September 2007, the Centre made a Submission in Response to the Commission's Second Exposure Draft Civil Justice Reform Proposals.