Australian Charters of Rights A Decade On

This book examines the ACT Human Rights Act 2004 and the Victorian Charter of Human Rights and Responsibilities Act 2006. These two statutes are closely modelled on international bills and charters of rights but Australia's unique legal framework makes them quite distinct. This book examines how these two "Australian Charters" have operated in their first decade. It explains their strengths and limits, and what lessons they can provide for other Australian jurisdictions. The book comprises two thematic parts. The first half explains the architecture of the two Australian Charters. What makes them distinct? What is their scope? How do they operate? The second half examines how the Australian Charters have been used by particular groups in society, such as prisoners, people with disability and women. Others show how the Charters have affected important social issues, such as freedom of expression and religious observance.

Part 1 – Architecture Of The Charters 1. Interpreting the Effect of Our Charters Matthew Groves 2. The Distinctive Features of Australia’s Human Rights Charters George Williams 3. The Scope and Application of the Charters Janina Boughey 4. Taking Stock of the Audit Power Penelope Mathew 5. Charter Remedies The Hon Justice Mark Moshinsky 6. Using the Charter in Litigation Emrys Nekvapil Part 2 – Specific Applications 7. Freedom of Expression Colin Campbell 8. Religious Freedom under the Victorian Charter of Rights Nicholas Aroney, Joel Harrison and Paul Babie 9. The Approach of the Victorian Charter to Women’s Rights Ronli Sifris 10. Charters and Disability Rosemary Kayess and Belinda Smith 11. The Charter of Law and Order Jeremy Gans 12. The Second Charters of Prisoners’ Rights Matthew Groves 13. Privacy Rights and Charter Rights Moira Paterson

Dr Matthew Groves is Professor of Public Law in the La Trobe University Law School and has published widely on public law. Colin Campbell is a Senior Lecturer in the Faculty of Law at Monash University where he teaches and researches areas including administrative law, anti-discrimination law and freedom of speech.