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Human Rights in Victoria - Public Authorities and Government

What is a public authority?

The Charter of Human Rights and Responsibilities Act 2006(Charter Act) places specific legal obligations on public authorities regarding human rights. A definition of what constitutes a public authority is found in section 4 of the Charter Act:

• A public official
• An entity established by statute that has functions of a public nature
• Organisations that are not part of government, but perform functions of a public nature on behalf of government (these may be non-government or private sector organisations)
• Victoria Police
• Local councils
• Ministers

The definition includes a list of factors that assist to determine whether a function is of a public nature. The test looks to the nature of the services provided by an organisation. The Charter Act intends that a broad definition of public authority be applied.

Public sector human rights value

The Charter Act amends the Public Administration Act 2004 to add a new human rights public sector value and employment principle. This came into operation on 1 January 2007. The new value is reflected in the Code of Conduct for Victorian Public Sector Employees.

As a value, this means that those working in the public sector must respect and promote the human rights set out in the Charter Act. As an employment principle, it means that human rights must be upheld in an employee’s daily work.

Obligations on public authorities

In addition to the obligations above that apply to public sector employees, all public authorities have to comply with additional obligations.

The Charter Act imposes obligations on public authorities to consider relevant human rights when making a decision. The Charter Act also requires public authorities to act in a manner that is compatible with human rights.

For state public servants and those working for other public authorities, the Charter Act reinforces many of the sound work practices already in place. While public services are, for the most part, already delivered in a rights-respecting manner, the Charter Act can raise the standard of service delivery.