Victorian Consolidated Legislation

Charter of Human Rights and Responsibilities Act 2006 - SECT 1

PART 1 PRELIMINARY

Purpose and citation

1. Purpose and citation



(1) This Act may be referred to as the Charter of Human Rights and
Responsibilities and is so referred to in this Act.

(2) The main purpose of this Charter is to protect and promote human rights
by-

   (a)  setting out the human rights that Parliament specifically seeks to
        protect and promote; and

   (b)  ensuring that all statutory provisions, whenever enacted, are
        interpreted so far as is possible in a way that is compatible with
        human rights; and

   (c)  imposing an obligation on all public authorities to act in a way that
        is compatible with human rights; and

   (d)  requiring statements of compatibility with human rights to be prepared
        in respect of all Bills introduced into Parliament and enabling the
        Scrutiny of Acts and Regulations Committee to report on such
        compatibility; and

   (e)  conferring jurisdiction on the Supreme Court to declare that a
        statutory provision cannot be interpreted consistently with a human
        right and requiring the relevant Minister to respond to that
        declaration.

(3) In addition, this Charter-

   (a)  enables Parliament, in exceptional circumstances, to override the
        application of the Charter to a statutory provision; and

   (b)  renames the Equal Opportunity Commission as the Victorian Equal
        Opportunity and Human Rights Commission and confers additional
        functions on it; and

   (c)  makes consequential amendments to certain Acts.