Victorian Consolidated Legislation

Charter of Human Rights and Responsibilities Act 2006 - SCHEDULE

Section 47 CONSEQUENTIAL AMENDMENTS

1. Equal Opportunity Act 1995



1.1. In section 4(1) in the definition of Commission, for "Equal Opportunity"
substitute "Victorian Equal Opportunity and Human Rights".

1.2. In section 160(1), after "Commission" insert "under the name of the
Victorian Equal Opportunity and Human Rights Commission".

1.3. After section 160(5) insert-



"(6) Despite the change in the name of the Commission made by item 1 of the
Schedule to the Charter of Human Rights and Responsibilities, the Commission
continues to be the same body after as before that change and that change does
not affect any act, matter or thing.".

1.4. In section 161(1)(d), after "other Act" insert

", including the Charter of Human Rights and Responsibilities".

1.5. In section 172, after "Act" insert ", or the Charter of Human Rights and
Responsibilities,".

1.6. In section 172A, after "this Act" insert "or the Charter of Human Rights
and Responsibilities".

1.7. In section 225, for "Equal Opportunity Commission" substitute
"Commission".





2. Ombudsman Act 1973

After section 13(1) insert-

"(1A) The functions of the Ombudsman under subsection (1) include the power to
enquire into or investigate whether any administrative action is incompatible
with a human right set out in the Charter of Human Rights and
Responsibilities.".

3. Parliamentary Committees Act 2003



3.1. After section 17(a)(vii) insert-



"(viii) is incompatible with the human rights set out in the Charter of Human
Rights and Responsibilities;".

3.2. After section 17(f) insert-



"(fa) the functions conferred on the Committee by the Charter of Human Rights
and Responsibilities;".

4. Police Regulation Act 1958



4.1. In section 102BA(b), for "prevented." substitute "prevented; and".

4.2. After section 102BA(b) insert-



"(c) to ensure that members of the force have regard to the human rights set
out in the Charter of Human Rights and Responsibilities.".

5. Public Administration Act 2004



5.1. In section 7(1)(f), for "values." substitute "values;".







5.2. After section 7(1)(f) insert-



"(g) human rights-public officials should respect and promote the human rights
set out in the Charter of Human Rights and Responsibilities by-

   (i)  making decisions and providing advice consistent with human rights;
        and

   (ii) actively implementing, promoting and supporting human rights.".

5.3. After section 8(c) insert-



"(ca) human rights as set out in the Charter of Human Rights and
Responsibilities are upheld; and".

6. Racial and Religious Tolerance Act 2001



6.1. In section 3, in the definition of Commission for "Equal Opportunity"
substitute "Victorian Equal Opportunity and Human Rights".

6.2. In section 32(1) and (2), for "Equal Opportunity Commission" substitute
"Commission".

7. Subordinate Legislation Act 1994



7.1. After section 12 insert-



"12A. Human rights certificate

(1) The responsible Minister must ensure that a human rights certificate is
prepared in respect of a proposed statutory rule, unless the proposed
statutory rule is exempted under subsection (3).

(2) A human rights certificate must-

   (a)  certify whether, in the opinion of the responsible Minister, the
        proposed statutory rule does or does not limit any human right set out
        in the Charter of Human Rights and Responsibilities; and

   (b)  if it certifies that, in the opinion of the responsible Minister, the
        proposed statutory rule does limit a human right set out in the
        Charter of Human Rights and Responsibilities, set out-

   (i)  the nature of the human right limited; and

   (ii) the importance of the purpose of the limitation; and

   (iii) the nature and extent of the limitation; and

   (iv) the relationship between the limitation and its purpose; and

   (v)  any less restrictive means reasonably available to achieve the purpose
        that the limitation seeks to achieve.

(3) Subsection (1) does not apply if the responsible Minister certifies in
writing that in his or her opinion-

   (a)  the proposed statutory rule is a rule which relates only to a court or
        tribunal or the procedure, practice or costs of a court or tribunal;
        or

   (b)  the proposed statutory rule only-

   (i)  prescribes under section 4(1)(a) an instrument or class of instrument
        to be a statutory rule; or

   (ii) exempts under section 4(1)(b) an instrument or class of instrument
        from the operation of this Act; or

   (iii) extends under section 5(4) the operation of a statutory rule that
        would otherwise be revoked by virtue of section 5.".

7.2. In section 14(e) for "section 6A." substitute "section 6A;".

7.3. After section 14(e) insert-



"(f) if a human rights certificate was required, a copy of the human rights
certificate;

   (g)  if a human rights certificate was not required, a copy of the
        responsible Minister's certificate under section 12A(3).".

7.4. After section 21(1)(h) insert-



"(ha) is incompatible with the human rights set out in the Charter of Human
Rights and Responsibilities;".

8. Victorian Civil and Administrative Tribunal Act 1998



8.1. In section 3 in the definition of proceeding for "Equal Opportunity
Commission" substitute "Victorian Equal Opportunity and Human Rights
Commission".

8.2. In clause 15 of Schedule 1, for "Equal Opportunity Commission" substitute
"Victorian Equal Opportunity and Human Rights Commission".

8.3. In clause 16(1) of Schedule 1, for "Equal Opportunity Commission"
substitute "Victorian Equal Opportunity and Human Rights Commission".

8.4. In clause 20(1) and (2) of Schedule 1, for "Equal Opportunity Commission"
substitute "Victorian Equal Opportunity and Human Rights Commission".

8.5. In clause 22 of Schedule 1, for "Equal Opportunity Commission" substitute
"Victorian Equal Opportunity and Human Rights Commission".

8.6. In clause 23 of Schedule 1, for "Equal Opportunity Commission" substitute
"Victorian Equal Opportunity and Human Rights Commission".

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