Australian Charters of Rights A Decade On

By: Colin Campbell (Editor), Matthew Groves (Editor)

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5 June 2017

At a Glance

No. of Pages
256

Dimensions(cm)
25 x 16.5 x 2.5

RRP $165.00

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This book examines the ACT Human Rights Act 2004 and the Victorian Charter of Human Rights and Responsibilities Act 2006. These two statutes are closely modelled on international bills and charters of rights but Australia's unique legal framework makes them quite distinct. This book examines how these two "Australian Charters" have operated in their first decade. It explains their strengths and limits, and what lessons they can provide for other Australian jurisdictions.

The book comprises two thematic parts. The first half explains the architecture of the two Australian Charters. What makes them distinct? What is their scope? How do they operate? The second half examines how the Australian Charters have been used by particular groups in society, such as prisoners, people with disability and women. Others show how the Charters have affected important social issues, such as freedom of expression and religious observance.

The authors are a wide range of judges, practitioners and leading scholars. They bring a knowledge of the theory and practice of workings of the Australian Charters that is essential to everyone concerned with our rights.

Industry Reviews

The Victorian Charter of Human Rights ?and Responsibilities Act and the ACT? Human Rights Act have been in operation ?for a decade. This book provides a timely reflection on the successes and failures ?of these human rights charters. The contributors are mainly academics, who provide analysis of the charters from the perspectives of women's rights, disability rights, privacy, freedom of expression and religious freedom. The perspective of a judge (Federal Court Justice Mark Moshinsky) and a legal practitioner (Emrys Nekvapil) are also valuable contributions. The focus is the Victorian Charter. Problematic provisions, such as the remedies provision (s38), are thoroughly discussed. Issues arising from the High Court's split decision in Momcilovic v The Queen [2011] HCA 34 are also well covered. These issues may be resolved by the creation of an independent cause of action for breach of Charter rights, which was recommended by an independent review of the Victorian Charter in 2015. The chapter on religious freedom is notable in its criticism of the Victorian Equal Opportunity and Human Rights Commission for its "exclusive focus" on equality, as opposed to other rights (p132). - Bill Swannie, InPrint, Law Institute Journal Victoria, March 2018

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