Victorian Consolidated Legislation

Charter of Human Rights and Responsibilities Act 2006 - SECT 39

Legal proceedings

39. Legal proceedings



(1) If, otherwise than because of this Charter, a person may seek any relief
or remedy in respect of an act or decision of a public authority on the ground
that the act or decision was unlawful, that person may seek that relief or
remedy on a ground of unlawfulness arising because of this Charter.

(2) This section does not affect any right that a person has, otherwise than
because of this Charter, to seek any relief or remedy in respect of an act or
decision of a public authority, including a right-

   (a)  to seek judicial review under the Administrative Law Act 1978 or under
        Order 56 of Chapter I of the Rules of the Supreme Court; and

   (b)  to seek a declaration of unlawfulness and associated relief including
        an injunction, a stay of proceedings or exclusion of evidence.

(3) A person is not entitled to be awarded any damages because of a breach of
this Charter.

(4) Nothing in this section affects any right a person may have to damages
apart from the operation of this section.

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