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Submissions listed by operative provision

The Charter gives the Victorian Equal Opportunity and Human Rights Commission a statutory right to intervene in legal proceedings where a question of law arises about the application of the Charter or the interpretation of another law in light of the Charter. Whether the Commission exercises the right to intervene is a matter for its discretion.

The Commission has made submissions in a number of cases about how the Charter applies and the scope of the human rights it protects.

Interventions have varied in subject-matter from criminal procedure and fair trial rights, to the best interests of the child in adoption proceedings, to the duties of VCAT when making decisions about guardianship.

Please follow the links below to the Commission’s submissions, listed in order the date of submission.

Section 4 What is a public authority?

Section 6 Application of the Charter

Section 7 Human rights - what they are and when they may be limited

Section 32 Interpretation

Submissions post-Momcilovic v The Queen (2011) 245 CLR 1

Submissions pre-Momcilovic v The Queen (2011) 245 CLR 1

Section 36 Declaration of inconsistent interpretation

Section 38 Conduct of public authorities

Section 39 Legal proceedings

Section 49 Transitional Provisions