Return to normal view

Human Rights in Victoria - Public Authorities and Government

What is a public authority?

The Charter of Human Rights and Responsibilities 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 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 intends that a broad definition of public authority be applied.

Public sector human rights value

The Charter 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. 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 will have to comply with new obligations that come into operation on 1 January 2008.

The Charter imposes obligations on public authorities to consider relevant human rights when making a decision. The Charter 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 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 can raise the standard of service delivery.

During 2007, departments and agencies have been training and educating public sector staff and public authorities to become fully compliant with the Charter.

Further information about training and communications activities, including many of the training and communications materials, is available on the page entitled ‘Human rights training and communication’.

Human Rights in Victoria - Government - Coordination of Charter implementation

A Human Rights Unit (HRU) has been established within the Department of Justice with responsibility for coordinating implementation of the Charter.

The main tasks of the HRU include:

• designing and delivering human rights training across government and to key agencies, targeting areas most affected by the Charter
• developing guidance material, tools and processes to integrate human rights considerations into policy development, legislative proposals, decision making and service delivery
• supporting departments to assess the human rights impacts of policy proposals, and advising on legislative compatibility with the charter to promote consistency across government
• coordinating a review of the compatibility of legislation, policies and procedures with the Charter
• raising awareness and promoting commitment to human rights across the public sector.