Evidence Law under Victoria's Charter: Responsibilities and Remedies - Part II
Public Law Review, Vol. 19, No. 4, 2008
24 Pages Posted: 17 Jun 2009
Date Written: June 16, 2009
Abstract
An article published in the previous issue of this journal argued that gaps in the rights promoted by Victoria's Charter of Human Rights and Responsibilities will limit the latter's utility in effecting reform of Victorian evidence law. This article finds gaps in the Charter's operative provisions that further limit its impact on Victoria's new evidence statute and its application in the courts. The gaps identified include the exemption of courts and tribunals acting non-administratively, the limitations of the Charter's remedies provision and the weakness of the regime for promoting a human rights dialogue, especially in light of the drive towards uniformity of Australian evidence law.
Keywords: human rights, evidence law
JEL Classification: K00, K19, K39
Suggested Citation: Suggested Citation