Know your rights

From 1 January 2008 all public authorities in Victoria will be required to comply with the Victorian Charter of Human Rights and Responsibilities Act, 2006. The Charter is an Act of Parliament and sets out a number of rights and freedoms which all Victorians are entitled to enjoy and the responsibilities that go with them.

The Charter covers civil and political rights such as freedom of expression and the right to privacy. It also includes some cultural rights. Government departments and public bodies must observe these rights when they create laws, set policies and provide services.

The focus of the Charter is on getting things right at the planning and policy stage. The Charter is designed to ensure the Government anticipates and prevents potential human rights infringements. Four underlying themes of the Charter are Freedom, Respect, Equality and Dignity. Each of the human rights covered by the Charter contributes to the achievement of these outcomes for Victorians.

The Charter recognises that human rights are not absolute and may be limited but only when justified and under certain circumstances. For example, the right to freedom of expression may be restricted in order to respect the rights and reputation of other people. Limitations will generally apply to ensure protection of national security, public order, health or morality.

Though there is no right to legal action for a breach of the Charter, it does allow a person to raise a human rights argument in a court or tribunal in an existing case. Under the Charter, the Victorian Ombudsman's office has the power to investigate whether any administrative action of a government department or public authority under its jurisdiction is incompatible with a human right.

As a public authority the University will be expected to comply with the Charter by 1 January 2008. It is most likely that the University’s current statutes rules and regulations do comply. As a tool however, the Charter provides an added lens for staff to view any new policies and procedures in development, and supports ongoing reviews of all current practices.

This item has been prepared by the Equity and Diversity Centre based on information provided by the Victorian Equal Opportunity and Human Rights Commission. http://www.humanrightscommission.vic.gov.au

The full publication and a list of the rights covered by the Charter can be found at: