The Charter Of Human Rights And Responsibilities Act 2006 ( Vic )

2643 WordsMay 5, 201511 Pages
LEGAL ADVICE QUESTIONS PRESENTED: 1. Does the Charter of Human Rights and Responsibilities Act 2006 (Vic) (“Charter”) protect the conduct of Josh, Dianne and Cary? 2. Is Section 6 of the Summary Offences Act 1966 (Vic) compatible with the Charter? 3. Is Victoria Police in breach of the Charter? 4. Is AX6 Pty Ltd in breach of the Charter? 5. Is the Adult Parole Board in breach of the Charter? Short Advice In relation to the Charter, my advice is that Josh’s conduct is not protected and the cancellation of his parole by the Adult Parole Board was not in breach of the Charter. Moreover, the conduct of Dianne and Cary is initially protected by the Charter however due to the limitations placed upon human rights it can be argued that Dianne and Cary’s conduct are indeed in breach. Additionally Victoria police in partner with AX6 are in breach of numerous rights set out in the Charter, which will be discussed in further detail. Long Advice The Charter was established to create a framework for the protection and promotion of human rights for those within Victoria. Conduct Section 15 of the Charter provides every human being with the right to freedom of expression; every person has the right to hold an opinion without interference and has the right to freedom of expression, whether it is orally, in writing, in print or way of art. Josh’s expression in regards to an advertisement was initially protected by the Charter. Firstly what must be looked upon to determine if an

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