Victorian Consolidated Legislation

Charter of Human Rights and Responsibilities Act 2006 - SECT 28

Statements of compatibility

28. Statements of compatibility



(1) A member of Parliament who proposes to introduce a Bill into a House of
Parliament must cause a statement of compatibility to be prepared in respect
of that Bill.

(2) A member of Parliament who introduces a Bill into a House of Parliament,
or another member acting on his or her behalf, must cause the statement of
compatibility prepared under subsection (1) to be laid before the House of
Parliament into which the Bill is introduced before giving his or her second
reading speech on the Bill.

Note The obligation in subsections (1) and (2) applies to Ministers
introducing government Bills and members of Parliament introducing
non-government Bills.

(3) A statement of compatibility must state-

   (a)  whether, in the member's opinion, the Bill is compatible with human
        rights and, if so, how it is compatible; and

   (b)  if, in the member's opinion, any part of the Bill is incompatible with
        human rights, the nature and extent of the incompatibility.

(4) A statement of compatibility made under this section is not binding on any
court or tribunal.