The Victorian Charter of Human Rights ?and Responsibilities Act and the ACT? Human Rights Act have been in operation ?for a decade. This book provides a timely reflection on the successes and failures ?of these human rights charters. The contributors are mainly academics, who provide analysis of the charters from the perspectives of women’s rights, disability rights, privacy, freedom of expression and religious freedom. The perspective of a judge (Federal Court Justice Mark Moshinsky) and a legal practitioner (Emrys Nekvapil) are also valuable contributions. The focus is the Victorian Charter. Problematic provisions, such as the remedies provision (s38), are thoroughly discussed. Issues arising from the High Court’s split decision in Momcilovic v The Queen [2011] HCA 34 are also well covered. These issues may be resolved by the creation of an independent cause of action for breach of Charter rights, which was recommended by an independent review of the Victorian Charter in 2015. The chapter on religious freedom is notable in its criticism of the Victorian Equal Opportunity and Human Rights Commission for its "exclusive focus" on equality, as opposed to other rights (p132). – Bill Swannie, InPrint, Law Institute Journal Victoria, March 2018
The framers of the Australian Constitution drew on many aspects of the American constitution in framing our own. A notable exception, of course, was the decision not to adopt some form of a bill of rights as part of our Constitution. Since Federation, the need for the recognition and protection of certain inalienable rights has however won a wide public acceptance. … The collection of essays, Australian Charters of Rights a Decade On, by distinguished scholars and practitioners in the fields of constitutional, international human rights, and discrimination law, edited by Matthew Groves and Collin Campbell, offers legal practitioners, policy-makers and rights advocates a rich and multi-faceted analysis of the achievements, and shortcomings, of the ACT and Victoria initiatives. … The collection of essays is a significant contribution to an important area of discourse in contemporary Australian society. Read full review… – Charles Wilson, Hearsay, September 2017, 80
Each chapter is authored by a different professional, including judges, barristers and academics. This is one of the most pleasing aspects of the text as it offers readers an array of information due to the differing expertise and perspectives of each author. … The text is an informative resource that many would find beneficial. Those with only limited understanding will find the background information useful, equally readers with some understanding of the area will find the latter chapters assist in extending their knowledge of the Charters. Each chapter is divided into subsections making it easy for the reader to follow, further many chapters contain sections of the Charters transcribed and direct quotes from key cases. While the authors do not shy away from expressing their personal views, this does not mean they fail to cover both positive and negative aspects of the Charters, allowing the reader to come to their own conclusion. Australian Charters of Rights A Decade On succeeds in making an intricate and otherwise confusing part of the law accessible to readers. – Lydia Devereaux, Qld Lawyer, 2017