Policy Statement

The rights, freedoms and responsibilities shared by everyone in Victoria are set out in the Charter of Human Rights and Responsibilities Act 2006 (Vic).

The Charter aims to promote a culture where everyone's human rights are protected in the delivery of government services.

Human rights under the Charter apply to all people in Victoria at all times.

Human rights principles have always been central to Ombudsman work. The introduction of the Charter amended the Ombudsman Act. It empowered the Victorian Ombudsman to focus on the express articulation of Charter language and ideas in its work. It made explicit what has always been implicit.

Looking at public organisations through the lens of human rights, we are able to encourage a culture of upholding human rights.

Our Charter obligations

  1. It is unlawful for Ombudsman staff to act in a way that is:
    • incompatible with a human right that is in the Charter, or
    • in making a decision, fail to give proper consideration to a person’s human rights.
  2. Proper consideration of relevant human rights forms part of our decision making process. It requires:
    • a genuine and real assessment
    • understanding in general terms the possible impact of our decisions and actions on a person's human rights
    • the balancing of any competing interests or obligations.
  3. When exercising a discretion under the Ombudsman Act, or any other legislation, we must give proper consideration to human rights.
  4. Reviewing our policies to ensure their compatibility with the Human Rights Charter and including a 'Statement of Compatibility'.

Our Charter functions

    1. When we consider a complaint about a public organisation, we assess whether the action or decision is incompatible with a Charter human right.
    2. We assess whether the facts raise a relevant human right irrespective of whether the person making the complaint has raised the Charter.
    3. In deciding whether an action or decision is incompatible with a Charter human right, we assess whether:
      • the action or decision limits a Charter human right and, if it does
      • is that limitation reasonable
    4. If we decide that an action or decision is incompatible with a Charter human right, the Ombudsman may form an opinion that the action or decision appears to have been taken 'contrary to law'.
    5. When conducting enquiries or investigations, we may also have regard to human rights principles contained in international law.

      We may look at the judgments of domestic, foreign and international courts and tribunals. For example, we may form an opinion that an action or decision is 'unreasonable' or 'wrong' where it does not meet the minimum standard established in international human rights, such as the Universal Declaration of Human Rights.

      Human rights

      We take complaints about breaches of human rights. Find out how we can help.

      Human rights — Read more