Why do the ACT and Victoria have Charters of Human Rights? What does this mean?

• The Charter of Rights in the ACT and Victoria do not create new legal rights. They do not give residents of the ACT or Victoria more human rights than other states or territories.
• Instead this legislation aims to encourage law-makers to consider human rights at the planning and policy level. Their intention is to prevent human rights breaches from ever happening.
• For example the Victoria Charter requires all public authorities to consider human rights and act in accordance with those principles when:
  • developing policies;
  • making laws;
  • delivering services; and
  • making decisions.
• Any new law must be checked against a ‘statement of compatibility’ before it is presented to parliament.
• The courts are not empowered to overturn laws that they find are inconsistent with human rights. However they are able to declare the inconsistency. When the courts make a declaration of inconsistency the responsible Minister for that legislation is required to review the legislation.
• Neither Charter contains the full set of human rights but they are an attempt to highlight some of the most fundamental.