Making Sense of Momcilovic: The Court of Appeal, Statutory Interpretation and the Charter of Human Rights and Responsibilities Act 2006
Australian Institute of Administrative Law Forum No. 74
9 Pages Posted: 10 Jul 2014 Last revised: 9 Mar 2015
Date Written: September 14, 2013
Abstract
Since the High Court's landmark decision on the Charter of Human Rights and Responsibilities Act 2006 in Momcilovic v The Queen, the Victorian Court of Appeal has had the opportunity to apply the High Court's findings on several occasions. This paper examines four key cases to shed light on the current state of play regarding the Charter and statutory interpretation.
Keywords: human rights, statutory interpretation, Charter of Human Rights and Responsibilities Act 2006 (Vic), section 32(1), section 7(2), Momcilovic v The Queen, Victorian Court of Appeal
Suggested Citation: Suggested Citation