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Human Rights Charter Act

The Victorian Charter of Human Rights and Responsibilities Act 2006 became law on 25 July 2006. The preamble to the Charter Act outlines its founding principles, recognising that all people are born free and equal in dignity and rights.

The Charter Act aims to ensure human rights are valued and protected within government and the community. 

Under the Charter Act, public authorities must consider human rights protected in the Charter Act when creating legislation, implementing policies or delivering services. Every new law made by Parliament is now accompanied by a Statement of Compatibility, which explains whether the law is compatible with the human rights in the Charter Act.

There are 20 fundamental human rights protected in the Charter Act:

• Recognition and equality before the law (section 8)
• Right to life (section 9)
• Protection from torture and cruel, inhuman or degrading treatment (section 10)
• Freedom from forced work (section 11)
• Freedom of movement (section 12)
• Privacy and reputation (section 13)
• Freedom of thought, conscience, religion and belief (section 14)
• Freedom of expression (section 15)
• Peaceful assembly and freedom of association (section 16)
• Protection of families and children (section 17)
• Taking part in public life (section 18)
• Cultural rights (section 19)
• Property rights (section 20)
• Right to liberty and security of person (section 21)
• Right to humane treatment when deprived of liberty (section 22)
• Rights of children in the criminal process (section 23)
• Right to a fair hearing (section 24)
• Rights in criminal proceedings (section 25)
• Right not to be tried or punished more than once (section 26)
• Retrospective criminal laws (section 27)

These rights may be subject to limitations (as set out in section 7(2)), but these limitations must be reasonable and justified.

In 2011, the Charter was reviewed by the Scrutiny of Acts and Regulations Committee (SARC) of the Victorian Parliament. On 12 March 2012 the Government tabled its response to the SARC review. More information on the review can be found on the ‘Review of the Charter Act’ page of this website.

More information about the Charter Act can be found on the website of Victorian Equal Opportunity and Human Rights Commission (VEOHRC).