Evidence Law under Victoria's Charter: Responsibilities and Remedies - Part II

Public Law Review, Vol. 19, No. 4, 2008

U of Melbourne Legal Studies Research Paper No. 409

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

Gans, Jeremy, Evidence Law under Victoria's Charter: Responsibilities and Remedies - Part II (June 16, 2009). Public Law Review, Vol. 19, No. 4, 2008, U of Melbourne Legal Studies Research Paper No. 409, Available at SSRN: https://ssrn.com/abstract=1420430

Jeremy Gans (Contact Author)

University of Melbourne ( email )

185 Pelham Street
Carlton, Victoria 3053
Australia

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