Victorian Consolidated Legislation

Charter of Human Rights and Responsibilities Act 2006 - SECT 38

Conduct of public authorities

38. Conduct of public authorities



(1) Subject to this section, it is unlawful for a public authority to act in a
way that is incompatible with a human right or, in making a decision, to fail
to give proper consideration to a relevant human right.

(2) Subsection (1) does not apply if, as a result of a statutory provision or
a provision made by or under an Act of the Commonwealth or otherwise under
law, the public authority could not reasonably have acted differently or made
a different decision.

Example Where the public authority is acting to give effect to a statutory
provision that is incompatible with a human right.

(3) This section does not apply to an act or decision of a private nature.

(4) Subsection (1) does not require a public authority to act in a way, or
make a decision, that has the effect of impeding or preventing a religious
body (including itself in the case of a public authority that is a religious
body) from acting in conformity with the religious doctrines, beliefs or
principles in accordance with which the religious body operates.

(5) In this section religious body means-

   (a)  a body established for a religious purpose; or

   (b)  an entity that establishes, or directs, controls or administers, an
        educational or other charitable entity that is intended to be, and is,
        conducted in accordance with religious doctrines, beliefs or
        principles.