Wednesday, 28 December 2016 16:54

Human rights upheld as court dismisses appeal

The Victorian Equal Opportunity and Human Rights Commission has welcomed the Court of Appeal’s confirmation today that the transfer of children from Parkville and Malmsbury Youth Justice and Remand Centres to Barwon Prison was unlawful.

The Court of Appeal has dismissed the Government’s appeal against last week’s Supreme Court finding.

The Supreme Court found the Government failed to give proper consideration to children’s human rights when making the decision to establish the Grevillea unit at Barwon Prison.

Victorian Equal Opportunity and Human Rights Commissioner, Kristen Hilton, is pleased Victoria’s Charter of Human Rights and Responsibilities (the Charter) was able guide the decision-making process.

"Even in difficult times and times of emergencies, the Charter provides a framework for the complex assessment of rights and the protection of individuals," Ms Hilton said.

The Court of Appeal ordered that the Government must remove the children from Barwon and place them in a remand centre or youth justice centre lawfully established under the Children Youth and Families Act 2005 by 4.30pm on Friday 30 December 2016.

An appeal against the Supreme Court finding that the state breached the Charter has been adjourned to a later date.

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Kat O'Shae
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