Charter of Human Rights and Responsibilities Act 2006

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES ACT 2006

No. 43 of 2006 Version incorporating amendments as at 1 August 2011

TABLE OF PROVISIONS

Long Title

Section Page

PART 1-PRELIMINARY

1.     Purpose and citation

2.     Commencement

3.     Definitions

4.     What is a public authority?

5.     Human rights in this Charter in addition to other rights and freedoms

6.     Application

PART 2-HUMAN RIGHTS

7.     Human rights-what they are and when they may be limited

8.     Recognition and equality before the law

9.     Right to life

10.    Protection from torture and cruel, inhuman or degrading treatment

11.    Freedom from forced work

12.    Freedom of movement

13.    Privacy and reputation

14.    Freedom of thought, conscience, religion and belief

15.    Freedom of expression

16.    Peaceful assembly and freedom of association

17.    Protection of families and children

18.    Taking part in public life

19.    Cultural rights

20.    Property rights

21.    Right to liberty and security of person

22.    Humane treatment when deprived of liberty

23.    Children in the criminal process

24.    Fair hearing

25.    Rights in criminal proceedings

26.    Right not to be tried or punished more than once

27.    Retrospective criminal laws

PART 3-APPLICATION OF HUMAN RIGHTS IN VICTORIA

Division 1-Scrutiny of new legislation

28.    Statements of compatibility

29.    No effect on Victorian law

30.    Scrutiny of Acts and Regulations Committee

Division 2-Override declaration

31.    Override by Parliament

Division 3-Interpretation of laws

32.    Interpretation

33.    Referral to Supreme Court

34.    Attorney-General's right to intervene

35.    Notice to Attorney-General and Commission

36.    Declaration of inconsistent interpretation

37.    Action on declaration of inconsistent interpretation

Division 4-Obligations on public authorities

38.    Conduct of public authorities

39.    Legal proceedings

PART 4-VICTORIAN EQUAL OPPORTUNITY AND HUMAN RIGHTS COMMISSION

40.    Intervention by Commission

41.    Functions of the Commission

42.    Powers

43.    Reports to be laid before Parliament

PART 5-GENERAL

44.    Review of Charter after 4 years of operation

45.    Review of Charter after 8 years of operation

46.    Regulations

47.    Repealed

48.    Savings provision

49.    Transitional provisions

SCHEDULE-Repealed

ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details