Victorian Consolidated Legislation

Charter of Human Rights and Responsibilities Act 2006 - SECT 24

Fair hearing

24. Fair hearing



(1) A person charged with a criminal offence or a party to a civil proceeding
has the right to have the charge or proceeding decided by a competent,
independent and impartial court or tribunal after a fair and public hearing.

(2) Despite subsection (1), a court or tribunal may exclude members of media
organisations or other persons or the general public from all or part of a
hearing if permitted to do so by a law other than this Charter.

Note For example, section 19 of the Supreme Court Act 1986 sets out the
circumstances in which the Supreme Court may close all or part of a proceeding
to the public. See also section 80AA of the County Court Act 1958 and
section 126 of the Magistrates' Court Act 1989.

(3) All judgments or decisions made by a court or tribunal in a criminal or
civil proceeding must be made public unless the best interests of a child
otherwise requires or a law other than this Charter otherwise permits.