HUGE LANDMARK CASE : Victorian Court of Appeal says Government must follow the Charter of Human Rights or their Administrative decisions will be deemed unlawful.

Sunday , 1, November 2015 Leave a comment


NEWS: HUGE LANDMARK CASE : Victorian Court of Appeal says Government must follow the Charter of Human Rights or their Administrative decisions will be deemed unlawful.

CASE : Bare v Independent Broad-based Anti-corruption Commission & Ors [2015] VSCA 197

FACTS : The Director of the Office of Police Integrity decided not to investigate a complaint against a member of Victoria Police of cruel, inhuman or degrading treatment.

HELD : The Appeal quashed the Decision and ordered the Independent Broad-based Anti-corruption Commission (IBAC) to reconsider Mr Bare’s complaint in accordance with the Charter of Human Rights and Responsibilities Act 2006.

This judgement has huge implications for government agencies. In any administrative decision they make they must now consider the Charter.



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