Role of Victorian Equal Opportunity and Human Rights Commission
⚖️ Victorian Equal Opportunity and Human Rights Commission (VEOHRC)
🏛️ Legal Framework
Established under the Equal Opportunity Act 2010 (Vic)
Also empowered by the Charter of Human Rights and Responsibilities Act 2006 (Vic)
🔍 Core Functions of the VEOHRC
| Area | Function |
|---|---|
| Complaint Handling | Assists in resolving discrimination, harassment, and victimisation disputes |
| Education & Training | Provides human rights and equal opportunity education to public, employers, and services |
| Policy & Advocacy | Advises government and institutions on policy, human rights compliance |
| Human Rights Reporting | Reviews compatibility of legislation and practices with the Charter |
| Intervention in Legal Cases | Can intervene or appear as amicus curiae in court proceedings involving human rights |
🧾 Key Legislation Administered by VEOHRC
Equal Opportunity Act 2010 (Vic)
– Prohibits discrimination based on protected attributes (e.g., race, sex, disability, religion)
Charter of Human Rights and Responsibilities Act 2006 (Vic)
– Ensures Victorian public authorities act compatibly with human rights
📚 Detailed Case Law Illustrating VEOHRC’s Role
Let’s now examine 4–5 cases where VEOHRC played a significant legal or practical role.
1. Lifestyle Communities Ltd v Administrative Decisions Tribunal (No 2) [2009] VCAT 1869
📌 Issue: Alleged age discrimination in housing
🧠 Facts:
Lifestyle Communities operated a residential village restricting residency to people over 55. A 48-year-old woman challenged this under the Equal Opportunity Act.
⚖️ Outcome:
VCAT found that the age restriction was unlawful under the Equal Opportunity Act as it amounted to direct discrimination.
🔍 Role of VEOHRC:
VEOHRC assisted in interpreting the scope of discrimination provisions under the Act.
The case prompted VEOHRC to issue updated guidance on lawful age-related restrictions in housing.
🧩 Significance:
Demonstrates VEOHRC’s role in clarifying anti-discrimination laws and supporting individuals in testing their rights.
2. Certain Children (No 1) [2016] VSC 796
📌 Issue: Detention of children in adult prisons — violation of Charter rights
🧠 Facts:
The Victorian Government moved children to the Grevillea Unit (an adult prison facility). Human rights advocates challenged this under the Charter.
⚖️ Outcome:
The Supreme Court of Victoria ruled the detention conditions breached children’s human rights, including the right to protection and humane treatment.
🔍 Role of VEOHRC:
VEOHRC intervened in the case, providing submissions on international human rights standards and the Charter.
Argued that children’s rights under Section 17 (Protection of families and children) and Section 22 (Humane treatment when deprived of liberty) were breached.
🧩 Significance:
Exemplifies VEOHRC’s intervention power and ability to influence judicial reasoning on human rights issues.
3. PBU & NJE v Mental Health Tribunal (2018) VSC 564
📌 Issue: Right to refuse medical treatment — Charter rights of mental health patients
🧠 Facts:
A man under compulsory mental health treatment challenged the Mental Health Tribunal's order, arguing it violated his rights under the Charter.
⚖️ Outcome:
The Court found that the Tribunal failed to properly consider the Charter, including Section 10(c) — right not to be subjected to medical treatment without full, free and informed consent.
🔍 Role of VEOHRC:
VEOHRC intervened to assist the court on how the Charter applies in clinical mental health settings.
Emphasised the importance of dignity and autonomy.
🧩 Significance:
Showcases VEOHRC’s function in shaping human rights-based public decision-making, especially in health.
4. Christian Youth Camps Ltd v Cobaw Community Health Services Ltd (2014) VSCA 75
📌 Issue: Discrimination based on sexual orientation
🧠 Facts:
Cobaw Health, an LGBTIQ+ support group, was refused access to a Christian camp venue for a youth event. They claimed discrimination based on sexual orientation.
⚖️ Outcome:
The Court of Appeal upheld the VCAT ruling that the refusal was unlawful discrimination.
🔍 Role of VEOHRC:
VEOHRC was not a party but the case arose from complaint-handling mechanisms under the Equal Opportunity Act, where VEOHRC was involved in the early stages.
The case helped VEOHRC clarify religious exemptions and their limits.
🧩 Significance:
Reflected how VEOHRC processes lead to major legal developments on balancing religious freedoms and anti-discrimination.
5. Goode v The Common Equity Housing Ltd (2014) VCAT 112
📌 Issue: Disability discrimination in social housing
🧠 Facts:
A tenant with disabilities alleged that her housing provider failed to provide reasonable adjustments, violating her rights under the Equal Opportunity Act.
⚖️ Outcome:
VCAT ruled in favour of the tenant, ordering compensation and better accommodation.
🔍 Role of VEOHRC:
VEOHRC provided guidance on reasonable accommodation duties to both housing providers and tenants.
Supported broader understanding of positive obligations under the Act.
🧩 Significance:
Shows how VEOHRC works beyond litigation, through policy guidance and stakeholder education to reduce systemic discrimination.
📌 Summary Table
| Case | Key Issue | Role of VEOHRC | Legal Impact |
|---|---|---|---|
| Lifestyle Communities (2009) | Age discrimination | Clarified housing rights | Expanded understanding of direct discrimination |
| Certain Children (2016) | Child detention in adult prison | Intervened in court | Upheld children’s rights under Charter |
| PBU v Mental Health Tribunal (2018) | Medical consent & autonomy | Intervened | Advanced Charter-based clinical decision-making |
| Christian Youth Camps (2014) | Sexual orientation vs religious freedom | Early involvement | Clarified boundaries of religious exemptions |
| Goode v Common Equity Housing (2014) | Disability accommodation | Provided guidance | Improved housing outcomes and awareness |
✅ Conclusion
The Victorian Equal Opportunity and Human Rights Commission (VEOHRC) plays a multifaceted role in advancing human rights and equality through:
Legal education
Complaint resolution
Policy development
Strategic litigation and intervention
Through both direct casework and systemic advocacy, VEOHRC ensures public authorities and private entities act in compliance with Victoria's anti-discrimination laws and the Charter.
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