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 8 Recognition and equality before the law
- Cemino v Cannan and Ors - Jan 2018
- Slattery v Manningham City Council (VCAT) - Jun 2013
- A & B v Children’s Court of Victoria (Supreme Court) - Oct 2012
- Victorian Toll & Anor v Taha and Anor; State of Victoria v Brookes & Anor (Court of Appeal) - Aug 2012
- Christian Youth Camps v Cobaw Community Health Services (Court of Appeal) - Jun 2012-Jul 2013
- Aitken & Ors v State of Victoria – Department of Education and Early Childhood Development (VCAT) - Dec 2011
- Taha v Magistrates’ Court (Supreme Court) - Jun 2011
- PJB v Melbourne Health (Patrick’s Case) (Supreme Court) - Apr 2011
- Raytheon Exemption Application (VCAT) - Apr 2011
- Peel Hotel Exemption Application (VCAT) - Dec 2010
- DPP v Ali & Anor (No 2) (Supreme Court) - Aug 2010
- Cobaw Community Health Services v Christian Youth Camps (VCAT) - Submission - Jul 2010
- Travel Sisters Exemption Application - Nov 2009&
- Victorian Electoral Commission Exemption Application - Sep 2009
- Director of Public Transport v XFJ (Supreme Court) - Sep 2009