1. Four-year Review of the Victorian Charter

2. Outline 1. Key Messages 2. Background to the Charter Review 3. Terms of Reference 4. Making a Submission 5. Further Information and Resources

3. Key Messages 1.Make a submission! 2.The Charter review presents a significant opportunity to strengthen and enhance its operation 3.Submissions should focus on providing evidence and examples of the impact and operation of the Charter 4.The Charter is still new legislation that is aimed at cultural change… institutional change takes time 5.Make a submission!

4. About the Charter Review Review of the Charter after 4 years of operation: s 44 of the Charter Report to be tabled by 1 October 2011 Review to be undertaken by the Scrutiny of Acts and Regulations Committee (SARC) Public submissions are due by 10 June 2011

5. Terms of Reference 1. Whether the Charter should include additional human rights, such as social and economic rights? 2. Whether the right to self-determination should be included? 3. Whether there should be mandatory regular auditing of public authorities? 4. Whether further provisions should be included regarding legal proceedings?

6. Terms of Reference (cont) 5. What have been the effects of the Charter on – a. the development and drafting of new legislation b. the consideration of new legislation by Parliament c. the provision of services and other functions by public authorities d. litigation and the roles and functions of courts e. the availability of remedies for infringements of rights 6. What have been the overall benefits and costs of the Charter? 7. What options are there for reform or improvement?

7. Preliminary Observations Terms of Reference focus on: evidence base and costs/benefits of the Charter impact and operation of the Charter Examples, personal stories of how the Charter is being used in practice are important positive stories = examples of where and how the Charter is operating effectively negative stories = illustrations about how the Charter could operate more effectively Political context

8. HRLC’s Key Reform Issues Role of Parliament – The Charter has played an important role in ensuring that laws and policies are scrutinised by reference to human rights standards Role of Executive – The legal obligation on public authorities to respect human rights plays a crucial role in the Charter’s effectiveness Role of Courts – The Charter must provide accessible and effective remedies for breaches of human rights

9. HRLC’s Key Reform Issues (cont) The Charter should be expanded to protect all human rights – civil, political, social, economic and cultural Overall, there is good evidence that the Charter is having a positive impact on legislative and policy development and on public service delivery and outcomes However, the Charter has not been a panacea to disadvantage and unfairness; rather, it provides a necessary and complementary layer of accountability

10. Role of Parliament (Terms of Reference 5(a) and (b)) Statements of Compatibility (s 28) Scrutiny of Acts and Regulations Committee (s 30) Override Declarations (s 31) Impact of the Charter on developing and drafting new legislation? Impact of the Charter on discussion of human rights in Parliament? Do you have any examples?

11. Role of “public authorities” (Term of Reference 5(c)) Legal obligation on public authorities to act compatibly with human rights and to give ‘proper consideration’ to human rights in decision-making processes (s 38) Impact of the Charter on the way that public authorities deliver their services? Impact of the Charter on the way that public authorities develop their policies? Do you have any examples?

12. Role of courts and tribunals (Terms of Reference 4, 5(d) and (e)) All statutory provisions must be interpreted compatibly with human rights (s 32) Legal proceedings – currently must have an existing cause of action (s 39) Have you used the Victorian Charter in any legal proceedings? Did it affect the outcome? How effective have you found non-legal remedies? Should there be a free-standing cause of action?

13. Additional human rights (Terms of Reference 1 and 2) The Charter currently protects 20 civil and political rights. Rights that are currently not protected include: Right to housing Right to education Right to health Work-related rights Should additional rights be protected in the Charter? What impact might they have?

14. Overall costs and benefits (Term of Reference 6) The Charter is only four years old The Charter’s “dialogue” model is aimed at prevention rather than litigation What benefits have you seen as a result of the Charter? Have you seen any cultural shift? Can you provide any examples?

15. Further Information and Resources Scrutiny of Acts and Regulations Committee: www.parliament.vic.gov.au/sarc Human Rights Law Centre website: www.hrlc.org.au/content/four-year-review-of-the-victorian-charter/ Victorian Equal Opportunity and Human Rights Commission website, including annual reports on the Charter: www.humanrightscommission.vic.gov.au

16. Further Information and Resources (cont) Previous human rights reports Report of the National Human Rights Consultation (2009) 5-year review of the ACT Human Rights Act (2009) Report of the Victorian Human Rights Consultation Committee (2005) Contacts: Ben Schokman, Human Rights Law Centre (03) 8636 4451 or ben.schokman@hrlc.org.au Jacqui Bell, Federation of Community Legal Centres (03) 9652 1511 or jacqui.bell@fclc.org.au

17. Four-year Review of the Victorian Charter