Charting the Right Course – participating in the review of Victoria’s Human Rights Charter
The Charter Review - an update
The review of Victoria's Charter of Human Rights and Responsibilities (Charter) is in its final stages - the effectiveness of our advocacy in the coming months will impact on whether human rights protection for Victorians is maintained or significantly weakened.
As part of the Review, 3834 submissions were made to the Scrutiny of Acts and Regulations Committee (SARC) by interested organisations and individuals - 95% of these submissions supported retaining or strengthening the Charter.
In September 2011, SARC published its 220 page report with recommendations. The SARC report is a disappointing document that ignores the abundance of evidence SARC had before it about the value of the Charter. The SARC majority recommended removing the role of the courts and the obligations on public authorities under the Charter, which will significantly weaken the Charter's effectiveness at protecting the human rights of vulnerable people.
The Premier's Office issued a press release distancing the Government from the SARC report and ruling out repeal of the Charter. The Department of Premier and Cabinet has also indicated that it will consider the evidence in the submissions made to SARC (i.e. the SARC recommendations will not be automatically adopted).
The Government now has six months to respond to SARC's report (but it could act more quickly), so we have a relatively small window for advocacy.
How to advocate from here?
Throughout its term, the Coalition Government has indicated that it is committed to evidence-based policies and to accountability and transparency in government. We therefore need to make sure that the evidence about the Charter's positive impact is communicated to the Government, particularly key Ministers and local government MPs.
Key ways to do this include:
- Talk to government - seek meetings with the Premier, the Attorney-General, key Ministers or their advisers (including, for example, Wendy Lovell and Mary Wooldridge) and local government MPs. Use any existing relationships you have with members of Cabinet or local government MPs to convey key messages about the Charter's importance.
- Talk to the public - use the media (including local Leader papers) to convey stories about the Charter's impact on vulnerable members of our community.
Based on our work with clients experiencing or at risk of homelessness, the HPLC has developed a fact sheet containing six key advocacy points. These are:
- Support for the Charter is high.
- The Charter's obligations on public authorities have led to more transparent decision-making and better outcomes.
- The role of courts and tribunals is crucial.
- The costs of protecting human rights are low.
- Why step backwards when so much progress has been made?
- Some aspects of the Charter should be improved.
Adapt these to suit your organisation and help get the message across - the Charter works, and it needs to stay!
Resources regarding the Charter Review
Submissions to the Charter Review
The HPLC prepared a detailed submission to SARC, Charting the Right Course.
The HPLC Submission contains 20 detailed case studies of matters where the HPLC used the Charter to negotiate and advocate for our clients. This work prevented 42 people, including 21 children and seven families, being evicted from social housing into homelessness.
Submissions made by other interested organisations and individuals are available here.
Fact sheets
The HPLC has produced three fact sheets about the Charter Review:
(1) Charter Review - what does it mean for the homelessness sector?
(2) Contributing to the Charter Review - key advocacy points
(3) Charter Review Continued - key points for ongoing advocacy
The HPLC also held a seminar on 13 May 2011 - the slides from that seminar set out background on the Charter Review and step through some key advocacy points.
Submission guides
In the lead up to the submission deadline in June 2011, the HPLC produced three submission guides to support organisations to contribute to the Charter Review. These guides may still be helpful in terms of helping organisations to articulate key benefits of the Charter for their particular organisations.
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This document is to assist organisations who engage in the direct provision of services (which might include SHASP, D&A, mental health, disability, aged care, family violence or other case work services) to clients.
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This document acknowledges that some non-government providers of social housing will be “public authorities” for the purposes of the Charter. It includes comments about any changes to policies or practices that have taken place as a result of the Charter.
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This document is for organisations that do not have direct experience providing services or housing to clients, but nonetheless have an informed position on the Charter and its role in Victorian society. This includes member-based organisations in the mental health, aged care, child youth and families, housing and homelessness, disability, domestic violence and drug and alcohol sectors.
Other
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Address delivered by HPLC Lawyer, Lucy Adams, at an Anti-Poverty Week event hosted by St Vincent de Paul Society, Social Policy Connections, PILCH and ACOSS on 21 October 2011.
Contacts at HPLC
We’d love to hear from anyone who is able to arrange meetings with any Ministers or local MPs, as well as about any media stories you are able to get.
As always, thank you for your ongoing Charter support and please contact us with any queries.
Lucy Adams Lawyer
03 8636 4409 Email
Chris Povey Manager/Principal Lawyer
03 8636 4408 Email