Victorian Consolidated Legislation

Charter of Human Rights and Responsibilities Act 2006 - SECT 33

Referral to Supreme Court

33. Referral to Supreme Court



(1) If, in a proceeding before a court or tribunal, a question of law arises
that relates to the application of this Charter or a question arises with
respect to the interpretation of a statutory provision in accordance with this
Charter, that question may be referred to the Supreme Court if-

   (a)  a party has made an application for referral; and

   (b)  the court or tribunal considers that the question is appropriate for
        determination by the Supreme Court.

(2) If a question has been referred to the Supreme Court under subsection (1),
the court or tribunal referring the question must not-

   (a)  make a determination to which the question is relevant while the
        referral is pending; or

   (b)  proceed in a manner or make a determination that is inconsistent with
        the opinion of the Supreme Court on the question.

(3) If a question is referred under subsection (1) by the Trial Division of
the Supreme Court or by the County Court, the referral is to be made to the
Court of Appeal.

(4) Despite anything contained in any other Act, if a question arises of a
kind referred to in subsection (1), that question may only be referred to the
Supreme Court in accordance with this section.