Note: This is an archived Handbook entry from 2011.
| Credit Points: | 12.50 |
| Level: | 7 (Graduate/Postgraduate) |
| Dates & Locations: | This subject has the following teaching availabilities in 2011: February, Parkville - Taught on campus. | Pre-teaching Period Start | not applicable | | Teaching Period | not applicable | | Assessment Period End | not applicable | | Last date to Self-Enrol | not applicable | | Census Date | not applicable | | Last date to Withdraw without fail | not applicable |
Timetable can be viewed here. For information about these dates, click here. |
| Time Commitment: | Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Not available |
| Prerequisites: |
Students who have completed Protecting Rights or Victorian Charter in Comparative Perspective may not undertake this subject.
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| Corequisites: | Visit the Melbourne Law Masters website for more information about this subject. |
| Recommended Background Knowledge: | Visit the Melbourne Law Masters website for more information about this subject. |
| Non Allowed Subjects: | Visit the Melbourne Law Masters website for more information about this subject. |
| Core Participation Requirements: | Visit the Melbourne Law Masters website for more information about this subject. |
| Subject Overview: |
Principal topics will include:
- Background to the introduction of bills of rights in Australia
- Key features and framework of the Victorian Charter and the ACT Human Rights Act in comparative perspective, including:
- Ministerial statements of compatibility and scrutiny of bills
- Interpreting legislation compatibly with human rights and declarations of inconsistent interpretation
- The concept of ‘public authorities’ and their rights-compliance obligations
- Impact on the private sphere
- The principle of proportionality and reasonable limitations on human rights
- Bringing legal proceedings under the Victorian Charter and the ACT Human Rights Act and their interaction with the existing law
- Overview of the key features of comparable human rights instruments in other jurisdictions
- Interpretation and application of selected human rights, in comparative perspective, including the freedoms of expression, movement and religion, freedom from interference with privacy, family and the home, conditions of detention, and the presumption of innocence (subject to change)
- Implementation of charters of rights in government, including the role of the Human Rights and Equal Opportunity Commissions
- The Brennan Committee report, the National Human Rights framework and the potential for future developments, including a federal charter of rights.
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| Objectives: |
A student who has successfully completed this subject should:
- Appreciate the historical debate over bills of rights in Australia, including the Brennan Committee report and the National Human Rights framework
- Understand the key features and operation of the Charter of Human Rights and Responsibilities Act 2006 (Vic) and the Human Rights Act 2004 (ACT)
- Understand different bills or charters of rights models in other jurisdictions
- Be able to critically evaluate the effectiveness of the Victorian and ACT Acts in protecting human rights, and participate in the debate about potential future developments
- Be able to identify situations in which human rights issues may arise and how the Victorian Charter and the ACT Human Rights Act may be utilised in their resolution
- Be able to research and advise on the substantive rights protected and the operational features of Australian charters of rights.
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| Assessment: | Visit the Melbourne Law Masters website for more information about this subject. |
| Prescribed Texts: | Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject. |
| Breadth Options: | This subject is not available as a breadth subject. |
| Fees Information: | Subject EFTSL, Level, Discipline & Census Date |