Posts in Victorian charter of human rights
Supreme Court of Victoria finds that random urine testing, and associated strip searches, are incompatible with human rights

Minogue v Thompson [2021] VSC 56 (16 February 2021)

The Victorian Supreme Court has found that whilst being held in prison, a person’s right to privacy and the right to be treated with dignity while deprived of liberty under the Charter of Human Rights and Responsibilities Act 2006 (Vic) were violated when he was subjected to random drug and alcohol testing and a strip search before providing a urine sample for such testing. While Justice Richards found that Dr Minogue’s Charter rights were breached, Her Honour is yet to make orders on relief.

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Case Notes, Case Notes 13- Prison/Conditions of Detention, Case Notes 14- Privacy, Case Notes Supreme Court of Victoria, Victorian charter of human rightsAnnaFordycePrisoner Rights, Privacy, Human Rights Law & Institutions
Court of Appeal of Supreme Court of Victoria decision holds that Charter of Rights relevant to jury deliberations but not to damages

Gebrehiwot v State of Victoria [2020] VSCA 315

The Court of Appeal of the Supreme Court of Victoria considered the application of the Charter of Human Rights and Responsibilities Act 2006 (Vic) to jury deliberations and damages, in an appeal relating to claims of false imprisonment and battery against Victoria Police.

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Case Notes 13- Prison/Conditions of Detention, Case Notes Supreme Court of Victoria, Victorian charter of human rightsAnnaFordycePolice
Supreme Court of Victoria dismisses challenge to Melbourne curfew

Loielo v Giles [2020] VSC 722

On 2 November 2020, the Supreme Court of Victoria dismissed the first substantive legal challenge to the validity of greater Melbourne’s lockdown laws. Justice Ginnane held that the curfew imposed between 9pm and 5am in greater Melbourne from 13 to 28 September 2020 (Curfew) was a lawful and proportionate measure in response to mounting cases of COVID-19 in Victoria.

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Case Notes s07 - Limitations on Human Rights, Case Notes s12 - Freedom of Movement, Victorian charter of human rightsAnnaFordyceHealth