Charter of Human Rights and Responsibilities Act 2006

The Charter of Human Rights and Responsibilities Act 2006 is an Act of Parliament of the state of Victoria, Australia, designed to protect and promote human rights.
It does so by enumerating a series of human rights, largely developed from those in the International Covenant of Civil and Political Rights, along with a number of enforcement provisions. The Act came into full effect on 1 January 2008 and may operate in a similar way to the UK's Human Rights Act 1998 or the Canadian Bill of Rights.

About the act

The Act protects twenty one fundamental human rights, including:

Right to recognition and equality before the law
Right to life
Right to protection from torture and cruel, inhuman or degrading treatment
Right to freedom from forced work
Right to freedom of movement
Right to privacy and reputation
Right to freedom of thought, conscience, religion and belief
Right to freedom of expression
Right to peaceful assembly and freedom of association
Right to protection of families and children
Right to taking part in public life
Cultural rights
Property rights
Right to liberty and security of person
Right to humane treatment when deprived of liberty
Rights of children in the criminal process
Right to a fair hearing
Rights in criminal proceedings
Right not to be tried or punished more than once
Retrospective criminal laws

History

Australia is the only democratic country in the world to not have a Bill of Rights. In order to go some way toward addressing this, in 2005 the Australian Capital Territory undertook steps to implement the Human Rights Act 2004 to formally protect de facto freedom, respect, equality and dignity in the jurisdiction.
The Victorian Labor Government, in 2005 under the Bracks Ministry, engaged in community consultation for a Human Rights act similar to those implemented in the ACT and the UK's Human Rights Act 1998. Attorney-General of Victoria Rob Hulls argued that a Bill of Rights would "strengthen our democracy and set out our rights in one accessible place." After community consultation, including input from the Australian Human Rights Commission, the act was introduced and debated in Parliament on 2 May 2008. The Victorian Charter of Human Rights and Responsibilities Act 2006 received royal assent on 25 July 2006 and came into full effect on 1 January 2008.

Limitation and jurisdiction

As state-based legislation, the act does not provide any protection outside the Victorian jurisdiction, including to federal law within the state. The charter also affords Parliament the power to suspend or infringe rights in exceptional circumstances, such as when facing a serious security threat or a state of emergency.
Courts do not have the authority to strike down impeding legislation, but are able to interpret statutory provisions in a way that is compatible with human rights.