1. VICTORIAN CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

2. Outline What is the Charter of Human Rights and Responsibilities? What are Human Rights? Why do we need a Charter? How does the Charter work? How far do rights go? Why is it important to understand the Charter? How will the Charter impact on Council business? How do we respond to the public who claim human rights breaches? Consequences of a breach/common misconceptions How do we promote the Charter?

3. KEY MESSAGES 1.Human Rights are common sense and improve services 2.You are already familiar with many human rights laws 3.Seek further guidance and advice where necessary – prevention is better than cure

4. WHAT IS THE CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES? The Victorian Charter of Human Rights and Responsibilities is a law that protects the human rights of all people in Victoria Product of community consultation – Human Rights Consultation Committee 2005 Statement of values and principles The second Charter in Australia (Human Rights Act 2004 (ACT)) The first Charter in an Australian state Mirrors Charters in other countries (UK Human Rights Act 1988) Charter commenced 1 January 2007 Provisions on public authorities commenced 1 January 2008

5. HUMAN RIGHTS – FRED FREEDOM Freedom from forced work Freedom of movement Freedom of thought, conscience, religion and belief Freedom of expression Right to peaceful assembly and freedom of association Property rights Right to liberty and security of person Fair hearing Rights in criminal proceedings Right not to be tried and punished more than once Protection from retrospective criminal laws

6. Right to life Protection of families and children Cultural rights Recognition and equality before the law Entitlement to participate in public life (including voting) Prohibition on torture and cruel, inhuman or degrading treatment Protection of privacy and reputation Humane treatment when deprived of liberty Appropriate treatment of children in the criminal process RESPECT EQUALITY DIGNITY

7. WHY DO WE NEED A CHARTER? LEGAL: Reinforces protection in existing laws Provides clear protection of ‘new’ rights (e.g. speech, forced work, degrading treatment) POLITICAL: Ensures transparency and accountability in government Sets human rights as a priority for government EDUCATIONAL: Increases public awareness SYMBOLIC: Statement of values and principles

8. HOW DOES THE CHARTER WORK? Establishes a “dialogue model” of human rights protection which seeks to ensure human rights are taken into account by all three arms of government when developing, interpreting and applying Victorian law and policy Sets out the rights protected Requires laws to be interpreted where possible to be compatible with human rights Requires public authorities to act compatibly with the Charter from 1 st January 2008 and consider human rights when making a decision Aims to improve service delivery through open and transparent decision making

9. HOW FAR DO RIGHTS GO? The rights in the Charter may be subject to reasonable limitation Need to balance the rights of the individual with the need to protect the broader rights of the community such as: Public safety Public health Public order National security Rights of others

10. WHY IS IT IMPORTANT TO UNDERSTAND THE CHARTER? The Council has legal duties and responsibilities: Section 38(1) of the Charter states that: “it is unlawful for a public authority to act in a way that is Incompatible with a human right or, in making a decision, to fail to give proper consideration to a relevant human right.” The charter compels State and Local Government and other public authorities to take human rights into consideration when providing services, providing advice and developing or amending guidelines, policies and local laws. Be mindful of the Charter when developing policies, procedures and guidelines for your work areas. Potential areas where Local Government may be affected by the charter are planning and environment, enforcement and prosecution, contracting services and employment.

11. HOW WILL THE CHARTER IMPACT ON COUNCIL BUSINESS? Existing laws generally respect and protect human rights May be changes to practices and procedures, policies, local laws High impact Low impact “No impact”!

12. CHARTER RIGHTS –E XAMPLES Example Potential Right Engaged Planning permits and building permitsEquality before the law Freedom of opinion and expression Right to privacy and reputation Property rights Community services – children and family, older people, people with disabilities Equality before the law Protection from torture and cruel treatment Local swimming pool – opening hoursCultural rights Equality before the law Privacy and reputation

13. Charter Rights Examples cont. ExamplePotential Right Engaged Public eventsLiberty and security of person Freedom of opinion and expression Property rights Pollution controlRight to life Property rights Rates – financial hardshipEquality before the law

14. HOW DO WE RESPOND TO THE PUBLIC WHO CLAIM HUMAN RIGHTS BREACHES? Acknowledge that the Council takes human rights seriously Report the incident Apply existing organisational complaints procedures Consider human rights issues Respond to the customer

15. CONSEQENCES OF A BREACH No right under the Charter for damages/compensation Legal proceedings – requires existing cause of action against a public authority – no new cause of action i.e. can’t bring action for breach of Charter alone, must be another breach i.e. privacy, OH & S Review by Ombudsman – can recommend a public authority apologise, amend policy, procedure or practice, commence disciplinary proceedings Reputation of organisation Morale of organisation

16. KEY MESSAGES 1.Human rights are common sense and improve services 2.You are already familiar with many human rights laws 3.Seek further guidance and advice where necessary – prevention is better than cure 4.Implement Charter awareness training

17. HOW DO WE PROMOTE THE CHARTER? INCORPORATE into performance plans INTEGRATE into risk assessment ADDRESS problem work practices ADD as an agenda item CONTRIBUTE experiences ASK about rights impact IDENTIFY the challenges RECOGNISE improvements IMPLEMENT charter awareness sessions for staff