Victorian Current Acts

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CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES ACT 2006 - SECT 7

Human rights—what they are and when they may be limited

    (1)     This Part sets out the human rights that Parliament specifically seeks to protect and promote.

    (2)     A human right may be subject under law only to such reasonable limits as can be demonstrably justified in a free and democratic society based on human dignity, equality and freedom, and taking into account all relevant factors including—

        (a)     the nature of the right; and

        (b)     the importance of the purpose of the limitation; and

        (c)     the nature and extent of the limitation; and

        (d)     the relationship between the limitation and its purpose; and

        (e)     any less restrictive means reasonably available to achieve the purpose that the limitation seeks to achieve.

    (3)     Nothing in this Charter gives a person, entity or public authority a right to limit (to a greater extent than is provided for in this Charter) or destroy the human rights of any person.



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