Declaration requirements for limiting non-derogable human rights
Charter of Human Rights and Responsibilities Amendment (Protection from Torture and Slavery) Bill 2023
1st House
2nd House
Law
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Parliament can now pass laws that limit non-derogable rights.
Non-derogable rights include the right to life, freedom from torture, and freedom from forced work.
Members of Parliament must publish a declaration in the Government Gazette before the second reading of a Bill that limits these rights.
The declaration must explain how the Bill limits the right and the extent of that limit.
Ministers must publish a similar declaration for statutory rules and legislative instruments that limit these rights.
Members of Parliament must include details about non-derogable rights in statements of compatibility.
Parliament can no longer use override declarations to stop the Charter from applying to a law.
The Victorian Equal Opportunity and Human Rights Commission no longer reports on override declarations.