101 cases
of how Human Rights ACTS make our lives better
No matter who we are or where we are, our lives are better when we all treat each other with fairness and respect and when we can all enjoy our rights and freedoms. Human Rights Acts and Charters promote respect for human rights and give people power to take action if their rights are breached.
The 101 cases set out here highlight the benefits Human Rights Acts and Charters have brought to people in the ACT, Victoria and Queensland. These cases also highlight the need for a national Human Rights Act, as well the need for Acts or Charters in states and territories which do not yet have them.
We designed this resource to inspire people to use Human Rights Acts and Charters where they exist in Australia; and to join with others in calling for a national Human Rights Act and Charters in every state and territory.
Click here to add your name to the call for a Human Rights Act.
CASE STUDIES
Aboriginal children jailed in adult prison: Human Rights Act in action
Bendigo mosque and freedom of religion: Human Rights Act in action
Will Ingram and the right to equality: Human Rights Act in action
Queensland and the right to housing: Human Rights Act in action
The right to education for children seeking asylum: Human Rights Act in action
Victorian pandemic laws: Victorian Charter of Rights in action
101 Cases
Human Rights Acts and Charters Make Our Lives Better.
Here are 101 cases showing how
Case 41: Aboriginal cultural rights need to be considered in decisions around access to the Koori Court
An Aboriginal man, Mr Cemino, applied to the Magistrates’ Court in Echuca in country Victoria to transfer the criminal charges he was facing to the Koori Court in Shepparton for sentencing.
Case 42: Safeguards and accountability around decision to admit a man with cognitive disabilities to a locked residential facility
A 70 year-old man had Parkinson’s disease, a cognitive disability and mental illness.
Case 43: Better justice system responses to victim/survivors of crime who have a disability
For many years, community legal centres, victim/survivor advocates and the Victorian Equal Opportunity and Human Rights Commission have called on the Victorian Government, Victoria Police and the Office of Prosecutions to improve
Case 44: Aboriginal children returned to the care of their grandmother
Four Aboriginal siblings were placed in protective care because of concerns for their safety. At first, the children were placed in a non-Aboriginal home and separated from one another.
Case 45: Laws changed so that same sex couples not unfairly excluded from superannuation
The State Superannuation Act 1988 (Vic) was amended in 2001 so that people in same sex relationships could receive certain superannuation benefits if their partner died.
Case 46: Corrections Victoria establishes rehabilitation program for Aboriginal men on corrections orders
Corrections Victoria used the Victorian Charter to inform the decision-making process behind establishing Wulgunggo Ngalu Learning Place.
Case 47: Protecting a person’s right to privacy in residential care
A staff member from the Victorian Government observed that a person living in a residential service was not afforded privacy when assisted by their carers to shower.
Case 49: Human rights-based framework for agreements between state and traditional owner groups
The Victorian Parliament passed legislation to create a framework for native title agreements to be made between the state and traditional owner groups.
Case 50: Reducing restraint and seclusion in mental health services
The Department of Health reviewed procedures in mental health services in light of Charter requirements and made efforts to reduce the use of restraint and seclusion.
Case 51: Council protects the rights of people with disabilities
The Charter had a ‘discernible impact’ on the policies and practices of Boroondara City Council which undertook extensive planning to ensure that their pedestrian precinct was accessible for people with disabilities.
Case 52: Protecting a single mother of three from homelessness
The Ministry of Housing tried to evict a single mother from public housing after it was found that her boyfriend was growing marijuana on the premises.
Case 53: Man with a disability protected from eviction
A Victorian Department attempted to evict a man who used a wheelchair from his home.
Case 54: Preventing the eviction of siblings from refugee background
MetroWest, a housing provider, tried to evict two siblings who had recently arrived in Australia as refugees, for no specified reason.
Case 55: Preventing the eviction of a person with an intellectual disability
Action for More Independence and Dignity in Accommodation (AMIDA), along with Tenants Union Victoria (TUV), used the Charter protect the rights of a person with an intellectual disability who had been given a notice to vacate his rooming house based upon his behaviour.
Case 56: Improving security and privacy at the home of a man with disabilities
A man with cerebral palsy and vision impairment was very concerned about security in the housing commission premises where he lived.
Case 57: Woman gains access to disability services
A woman with dual disability was not eligible to access services because neither of her disabilities, when considered separately, met the requirements of the relevant government departments.
Case 58: Protecting a man with a cognitive disability from financial abuse
A man with a disability was pressured by his sister and members of his church community group to move in with his sister and allow her access to his $60,000 savings.
Case 59: Single mother with a disability avoids having her daughter being removed from care
A single mother with cerebral palsy was at risk of having her daughter being removed from care by child protection authorities.
Case 60: Student with a disability avoids being expelled
A child with a learning disability was threatened with expulsion by his school due to some behavioural issues.
Case 21: Coroner investigates the role of systemic racism in the death in police custody of proud Yorta Yorta woman Aunty Tanya Day
Proud Yorta Yorta woman Aunty Tanya Day –a much-loved sister, mother, grandmother and advocate - died in December 2017 after being arrested for being drunk in a public place after she fell asleep on a train.
Case 22: Imprisonment for unpaid fines of man with a cognitive disability prevented
Zakaria Taha had an intellectual disability. He was issued with numerous fines for different minor offences including riding a bike without a helmet and taking public transport without a ticket.
Case 23: Mental health treatment orders must be reviewed within a reasonable time
Gary Kracke had a mental illness. He challenged an order requiring him to have mental health treatment.
Case 24: Man with mental illness able to continue managing his own money
Patrick had a long-term mental illness and had been an inpatient in a hospital for many years.
Case 25: Man with mental illness who is detained in a facility has restriction on calling his lawyers removed
A man who was an inpatient at a mental health facility had his phone calls limited by order of his authorised psychiatrist.
Case 26: Meaningful access to Aboriginal culture in out-of-home care
Aboriginal children are over-represented in child protection systems and are often removed from their family and placed in the care of non-Aboriginal families.
Case 27: Aboriginal woman with mental illness able to access treatment in the community instead of in hospital
An Aboriginal woman with mental illness was subject to compulsory mental health treatment in hospital.
Case 28: Victorian Government promotes a more inclusive approach to working with and referring to LGBTIQ people
The Victorian Government developed and published an ‘LGBTIQ inclusive language guide’ for the Victorian Public Service explaining how to use language respectfully and inclusively when working with, and referring to, LGBTIQ people.
Case 29: Ban on protests on public housing estates overturned
In 2013, two men living in public housing used the Victorian Charter to successfully challenge Victorian Government rules that banned political rallies on public housing estates and banned residents from putting political information on noticeboards.
Case 30: Addressing the over-imprisonment of Aboriginal women in prison
Aboriginal women are the fastest growing prisoner group in Victoria and are significantly over-represented compared with non-Aboriginal women.
Case 31: Political protest in a shopping complex was not trespass
Sixteen protesters from a larger group of 150-200 people were charged with trespass and besetting after they took part in a political demonstration outside a shop in the QV Square in Melbourne.
Case 32: Blind woman able to access audiobooks in prison
A woman became blind in prison. After losing her vision, she couldn’t read books from the prison library. At the time, the library did not have any working audiobooks, so her mother bought some for her.
Case 33: Man compensated for discriminatory ban from council buildings
Paul Slattery had multiple disabilities, including bipolar disorder, posttraumatic stress disorder and an acquired brain injury.
Case 34: A woman uses Charter to negotiate culturally appropriate crisis accommodation
A woman seeking assistance from a crisis accommodation service advised that, as a practising Muslim, she could not reside in a premises with men.
Case 35: Woman supported during investigation of injury incurred while in the care of disability service provider
Parents of a woman supported by a disability service provider noticed that their daughter, Shelly, had bruising around her chin.
Case 36: Coercive questioning by police breaches freedom of movement and right to privacy
Mr Kaba, a black man, was a passenger in a vehicle that was subject to a random stop and search by the police.
Case 37: Insurance policy excluding claims for mental illness incompatible with right to equality
Will Ingram purchased travel insurance in 2011 for an overseas study trip planned for 2012. In early 2012, he was diagnosed with a depressive illness and cancelled the trip on medical advice.
Case 38: Tribunal refuses parents’ application for daughter with an intellectual disability to undergo permanent contraception
The parents of a 25-year-old woman with an intellectual disability applied to a tribunal for approval for their daughter to undergo permanent contraception.
Case 39: Right to equality and fair hearing for self-represented litigants with learning disabilities
Betty and Maria Matsoukatidou (mother and daughter, respectively) were charged by Yarra Ranges Council for failing to secure and demolish their home after an arson attack.
Case 40: Electroconvulsive treatment ordered against patients’ wishes a breach of human rights
Two people with mental illness were unwilling to undergo electroconvulsive treatment (ECT).
Case 61: Man with a physical disability allowed to continue living in family home
A man with physical disabilities and limited mobility continued to live in his family home after his mother had been admitted to an elderly care unit and placed under a financial administration order by a tribunal.
Case 62: Charter helps man with a disability receive services to help community integration
A man with a physical and mental disabilities living in a supported accommodation unit was not provided with appropriate services to which he was entitled.
Case 63: Charter helps man to access disability aids in prison
A man with a physical disability detained in a prison was frequently deprived of his aids when being moved from one part of the prison to another.
Case 64: Man needing home and community care services receives appropriate support worker
A man who needed home and community care services from his council but was unable to speak or understand English was provided with a support worker who was unable to communicate with him in his own language.
Case 65: Man with a disability allowed to privately access to his own mail
A man with a physical disability living in a shared supported accommodation unit objected to his mail being opened by the workers at the unit.
Case 66: Tenant’s freedom of religion protected in housing works dispute
A man with a physical disability living in public housing objected to work being carried out on his house on a holy day due to his religious beliefs.
Case 67: Criminal law process that would undermine a child’s rehabilitation is stopped
A child was charged with an offence. Police stated that the charge would be withdrawn if the child agreed to provide a statement and evidence against another person who was jointly accused of the crime.
Case 68: Family provided with appropriate secure housing
A woman from a refugee background was living with her children in public housing.
Case 69: Young woman with cerebral palsy provided with disability support services
A young woman with cerebral palsy was left in her home, alone and unable to leave, while waiting for the government to determine whether or not she was eligible for disability support services.
Case 71: Tribunal matter reopened to protect victim of domestic violence
A tribunal matter regarding the payment of rent and repairs to a property was reopened despite falling outside of its limitation period.
Case 72: Grandparents use human rights to argue for more appropriate accommodation for grandchild with brain injury living in aged care home
A 40-year-old man with brain injury was living in an aged care home.
Case 73: 96-year-old woman protected from eviction and homelessness
A 96-year-old woman was given a 60 day notice to vacate the home she had lived in for 21 years.
Case 74: Guardianship revoked due to incompatibility of decisions with human rights
A woman with a cognitive disability contested the decision of her guardian to have her moved into a residential facility where no workers spoke her language, understood her cultural and religious beliefs or would prepare food in a way which was required by her religion.
Case 75: Young woman given the opportunity to find appropriate housing
A young woman with a refugee background was given a notice to vacate at the end of her three-month fixed-term tenancy agreement in transitional housing operated by a private provider.
Case 76: Stopping the criminalisation of sleeping in cars
The Homeless Persons’ Legal Clinic used the Charter in its advocacy campaign against a proposal by the Yarra Ranges Shire to criminalise sleeping in cars.
Case 77: Family of seven protected from homelessness
A family of seven had experienced great difficulty in receiving financial support and secure housing since arriving in Australia.
Case 78: Charter assists in affording 66-year-old woman appropriate accommodation
A 66 year-old woman with mental health concerns had been applying for alternative accommodation as her public housing property was exacerbating her health conditions.
Case 79: Teenage sisters separated from family avoid homelessness
Two teenage sisters were studying full time and living in public housing with their parents.
Case 80: Eviction of family prevented using fair hearing and other arguments
The Director of Housing applied to evict a family living in public housing.
Case 81: Eviction of parents and newborn twins prevented
A refugee from Somalia was unable to attend a bail hearing due to the birth of his twin daughters.
Case 82: Reducing the risk of harm and mistreatment in police cells
Victoria Police conducted a major human rights project to assess risks arising from the detention of people in police cells across Victoria.
Case 84: Eviction of young man from refugee background prevented
A young Somali refugee moved to Australia after having lived in Kenya for eight years.
Case 85: Supporting women experiencing family violence
A female family violence worker at Women’s Health West has stated that the Charter had a prominent impact in not only the way in which human rights issues are framed and tackled but also the practical realisation of these rights across various sectors.
Case 86: Supreme Court finds that children held in maximum security prison were deprived of their human rights
After riot damage to a youth justice centre, the Victorian Government set up a new youth justice centre in a unit in the maximum security adult Barwon Prison and started transferring children as young as 15 there.
Case 87: Preventing a young man’s eviction into homelessness
Abdi Mohamed, a 21 year-old man living in accommodation provided by a transitional housing provider was given a 120 day notice to vacate in accordance with the provider’s ‘youth tenancy policy’.
Case 88: Police express regret about asking traditional custodians to move on while exercising their cultural rights
Adrian Burragubba, a leader of the Wangan and Jagalingou people, and his family were camping, practicing their culture and performing traditional ceremonies on a pastoral lease area.
Case 89: Victorian Government abandons proposal to give health officers the power to detain people based on what they might do
In response to the ongoing COVID-19 pandemic, the Victorian Government introduced legislation into Parliament which, if passed, would have allowed officers, authorised under public health legislation, to detain people based on the officer’s belief about what the person might do.
Case 90: Human rights considered in response to hotel quarantine complaint
A man made a human rights complaint about the impact of his detention in hotel quarantine on his mental illness.
Case 91: Human rights protect against disproportionate effect of COVID-19 public health measures
Caxton Legal Centre used the Queensland Human Rights Act to advocate for its clients affected by COVID-19 public health measures.
Case 92: Human rights focus in advocating for people in prison during the COVID-19 pandemic
The human rights of people in prison were significantly affected during the COVID-19 pandemic.
Case 93: Teenage boy’s right to protection of families observed despite strict COVID-19 public health measures in detention
The family of a teenage boy detained in a youth detention centre raised concerns about his access to family visits
Case 94: Child with a disability exempted from detention in hotel quarantine
A family detained in hotel quarantine in Queensland complained to the Queensland Human Rights Commission about the impact of the detention on their child who has autism spectrum disorder.
Case 95: Protecting the mental health of a woman in hotel quarantine
A woman lodged a complaint with the Queensland Human Rights Commission on the grounds that the conditions of hotel quarantine, including the enclosed spaces and absence of natural light and air, were exacerbating her mental health issues.
Case 96: Ombudsman helps woman to navigate border restrictions on freedom of movement
A woman was relocating from NSW to Victoria to start a new job during a period of COVID-19 related border closures between the states.
Case 97: Refusal to issue driver licence overturned
A woman living in Wodonga in Victoria needed to travel across the Murray River to Albury in NSW for medical treatment.
Case 98: Freedom of movement and liberty considered in delay of release of individual quarantining after COVID-19 positive test
A man was required to isolate after testing positive for COVID-19.
Case 99: Transparency and accountability around the introduction of a curfew
Michelle Loielo owned a restaurant in the Mornington Peninsula, part of Greater Melbourne.
Case 100: Hard lockdown of public housing towers breaches human rights
In 2020, after COVID-19 cases began emerging in nine high-rise public housing towers in inner north Melbourne, the Victorian Government imposed, without notice to residents, an extremely hard lockdown, detaining around 3,000 people in nine public housing towers.
Case 101: Quarantine exemption for woman picking up assistance dog
A woman planned to visit Queensland from interstate to pick up her assistance dog, with her mother and her carer, during a period of COVID-19 border restrictions.