Rights charter set for overhaul

David Rood

The Baillieu government is considering an overhaul of Victoria's controversial charter of human rights, following years of opposition to the rules it has branded "hypocritical and dangerous".

State Attorney-General Robert Clark yesterday directed a government-dominated parliamentary committee to investigate the charter, introduced by the former Labor government in 2006.

The review will form the basis of the Baillieu government's decision on the future of the charter.

Just weeks after becoming Attorney-General, Mr Clark said the charter was "riddled with flaws" and couldn't continue in its current form.

A series of senior government ministers, including now-Premier Ted Baillieu, spoke against the charter when it was introduced into parliament.

In 2006, Mr Clark said the bill was hypocritical as well as dangerous because it would "set citizen against citizen", while Nationals leader Peter Ryan said the bill was unnecessary and divisive and disruptive to the rule of law in Victoria.

Announcing the parliamentary investigation, Mr Clark said the charter had been controversial since it was introduced.

“Supporters say it enhances and protects human rights and brings Victoria into line with international human rights law," he said.

“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 he will ask the Victorian Equal Opportunity and Human Rights Commission to help with the review by providing the committee with information about its role and legal cases where the act has been used.

The charter can be enforced by the courts.

Shadow Attorney General Martin Pakula said it was always planned for a independent review of the bill, not one carried out by a parliamentary committee which has a government majority.

"It looks like the fix is in for the Human Rights Charter, particularly give the Attorney General's well-known opposition to it," he said.

Executive director of the Human Rights Law Centre Phil Lynch said the review should focus on how the charter operates and its impact, not whether it is needed.

"The comprehensive legal protection of human rights is particularly important for vulnerable or disadvantaged groups," he said.

The Scrutiny of Acts and Regulations Committee will report by October 1.

* Meanwhile, barrister Stephen McLeish SC has been appointed as Victoria's new Solicitor-General.


(2011-4-20/smh.com.au)