Vic human rights charter under review

By Melissa Jenkins

Victoria's human rights charter is in danger of being watered down to freeze out judges and allow the government to rule on its own laws, a liberty group says.

Victoria became the first state to implement a Charter of Human Rights and Responsibilities in January 2008, introduced by then attorney-general Rob Hulls.

It was written into the Act that it was to be reviewed after four years of operation.

Attorney-General Robert Clark, who had previously said the charter was open to abuse and was bad for the legal system, said on Tuesday the review would be conducted by parliament's Scrutiny of Acts and Regulations Committee - a group with a majority of government MPs.

Liberty Victoria president Spencer Zifcak said he was deeply concerned the review was not independent.

He said Mr Clark seemed to prefer a model where a parliamentary committee, rather than the judiciary under the current system, checked whether legislation complied with the charter.

"If you remove the judiciary, what you are left with in effect is parliament judging its own legislation," Prof Zifcak said.

Politicians did not have the experience or impartiality of senior judges, he said.

"So you're trading a Rolls Royce system for a Mini Minor system if you leave it to the parliament."

Mr Clark said on Tuesday the charter had been controversial since its inception.

"Supporters say the charter enhances and protects human rights and brings Victoria into line with international human rights law.

"Critics say it delivers vague and open-ended powers into the hands of judges, undermines parliamentary democracy, is costly and bureaucratic, and fails to provide effective remedies for citizens," Mr Clark said.

In a media release on his website dated January 2009, Mr Clark slammed the charter, saying it was open to abuse and more likely to help criminals than honest people.

"The so-called charter makes Victoria's legal system worse, not better.

"It encourages judges to interpret legislation in a way that was not intended, meaning the charter is more likely to help criminals frustrate the law than help honest citizens obtain justice," he said.

Shadow attorney-general Martin Pakula said it was always intended the review of the charter would be independent and not carried out by a parliamentary committee with a government majority.

"It looks like the fix is in for the human rights charter, particularly given the attorney-general's well-known opposition to it."

The charter has been cited in criminal law cases, including the matter of solicitor Vera Momcilovic, who was jailed in 2008 for drug trafficking.

She has been granted the right for a High Court appeal against her conviction, arguing it is contrary to the charter of human rights that under current Victorian drug laws, it is up to the defendant to prove drugs do not belong to them.

Mr Clark is also working on legislation to wind back Labor reforms to equal opportunity laws.

The inquiry into the human rights charter is due to report by October 1 this year.


(2011-4-19/ninemsn)