Submission to the 2015 Review of the
Charter of Human Rights
Judicial College of Victoria
Charter Review 2015 Submission
This submission recommends further education and training for the Victorian judiciary on
the operation of the Charter and on the development of Victorian human rights
jurisprudence.
1. Need for Education
The Charter was founded on the strength of the community’s shared beliefs about the
protection of their human rights. It was introduced to promote a culture of justification,
through the prism of those human rights our community collectively values.
The Charter ought to be accessible and routinely relied upon. However, that has not
occurred in practice. Our consultations with practitioners and judicial officers suggest a
reluctance among some of them to raise or address Charter arguments. The Charter
continues to be perceived as overly complex and unlikely to affect outcomes. As a result,
Charter arguments are often treated as an ‘afterthought’, subsidiary to conventional
arguments on statutory interpretation or review of acts or decisions by public authorities.
Education is an essential aspect of promoting and protecting Charter rights. Educative
programs on the Charter, including those aimed at judicial officers, help to embed the
human rights culture envisioned by the Charter and its community supporters, by helping
to create an environment receptive to Charter arguments.
Dismissal of the Charter as either too complex or too weak is undermining the real value it
can add to our legal system. Education is the key to demystifying the Charter and unlocking
that value.
2. Impact of Review
As the Charter’s operation is currently being reviewed, it is possible that some of the
Charter’s provisions may be amended in the coming months. If so, further education for
the judiciary will be necessary to ensure that judicial officers are kept abreast of any
changes to the Charter’s operation or scope.
3. Judicial College of Victoria – Current and Recent Activity
The Judicial College of Victoria was established to provide education and ongoing
professional development for judges, magistrates and VCAT members in Victoria. The
College has its own board under the Judicial College of Victoria Act (2001), chaired by the
Honourable Chief Justice Marilyn Warren AC and comprising heads of the four largest
jurisdictions and two Governor-in-Council appointees.
The College provides a range of innovative, timely and multidisciplinary education
programs. The College also publishes a suite of online publications – bench books and
practice manuals – covering important areas of criminal and civil law.
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Charter Review 2015 Submission
‘Human Rights under the Charter’ Conference
In August 2014, the College ran a highly successful two-day conference on the Charter and
human rights law in Victoria. Local and international experts, including members of the
judiciary, the academy, and the profession, presented to a packed house.
A theme that emerged from the conference was the need for better understanding of
human rights jurisprudence among the judiciary and the wider legal profession, and the
need to develop skills and expertise in this area. In response, the College has begun work
on a Charter of Human Rights Bench Book.
Human Rights Bench Book
This Bench Book will be a comprehensive resource on the rights in the Charter, and the
roles of the courts, public authorities and Parliament under it. It will include discussion of
relevant local and comparative jurisprudence, and will be regularly updated. The Bench
Book will be an online resource, freely available to the public.
The Editorial Committee for the Bench Book is comprised of judicial officers, as well as
representatives from the Victorian Equal Opportunity and Human Rights Commission, the
Victorian Government Solicitor’s Office and the Law Institute of Victoria. The College aims
to launch the Bench Book in early 2016.
4. Recommendation: Court-specific Charter education
The Human Rights Bench Book is aimed at the whole legal profession. However, further
education for the judiciary will be vital to the continued utility and relevance of the Charter,
particularly if it is amended following its eight-year review. Subject to funding, the College
is well-placed to undertake this education in line with our core functions.
Recommendation: That the Victorian Government provide funding to the Judicial College of
Victoria to deliver thorough best-practice professional development forums to judicial officers on
the operation of the Charter.
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