• are essential in a democratic and inclusive society;

• belong to all people without discrimination;

• come with responsibilities and must be exercised in a way that respects the rights of others;

• have a special importance for the Aboriginal people of Victoria, as descendants of Australia’s first people.

The Charter protects a variety of democratic rights. These rights are based on those contained in the International Covenant on Civil and Political Rights and relate to concepts of freedom, respect, equality and dignity.

The Charter states that rights may be limited only so far as can be justified in a free and democratic society. This allows a balance to be struck between individual human rights and the need to protect the broader public interest.

The courts will consider human rights obligations in cases brought before them. This might occur, for example, in judicial review of an administrative decision, or where a person is defending a charge. The Charter does not give rise to an independent right to take legal action for a breach of its provisions.

If possible, the courts will interpret relevant legislation to give it a meaning that is consistent with the Charter. If a law cannot be interpreted consistently, the Supreme Court may issue a ‘Declaration of Inconsistent Interpretation’, effectively referring the law back to Parliament for reconsideration.

What is the new role of the former Equal Opportunity Commission?
From January 1 2007, the former Equal Opportunity Commission is to become the Victorian Equal Opportunity and Human Rights Commission (VEOHRC). VEOHRC will have new duties, including:

• Ensuring Victorians understand their human rights protections through training, education and the
raising of awareness

• Providing an independent assessment of how well State and local governments comply with the Charter, and review policies and practices of public authorities if requested to do so.

• Reporting to the Attorney-General about the operation of the Charter in relation to new legislation, the Courts, and community perspectives regarding how the Charter is operating in relation to issues of community concern.

VEOHRC will also have the capacity to intervene in court or tribunal proceedings that involve interpretation or application of the Charter.

VEOHRC has developed a range of strategies to educate Victorians about their human rights and responsibilities under the Charter. VEOHRC is offering a number of on site education sessions with scope to address specific training requests from community organisations. A range of other projects are also being developed, including a Community Arts Project, an Ambassador Program, and the possibility of a Community Grants Program. Partnerships are being developed to bring a human rights focus to numerous conferences and other events, including Law Week, Cultural Diversity Week, and a human rights youth forum in partnership with Youthlaw. These initiatives are just some of the strategies being developed to ensure as many Victorians as possible are aware of the Charter’s existence and how it might impact in their daily lives.

The report to be tabled in Parliament in March 2008 will address whether economic, social and cultural rights should also be contained in the Charter.

Why does Victoria need a Charter?
A law codifying human rights secures freedom from abuse, promotes enjoyment of fundamental freedoms and ensures that all people within the community live with dignity. The Charter is designed to guarantee that human rights are a priority for both present and future governments, and to nurture a more cohesive, inclusive society.