Can people sue for damages if their human rights are breached?
No – there is no additional right to legal action just for a breach of the Charter. However, the Charter allows a person to raise a human rights argument in a court or tribunal in an existing case. When complaint handling bodies such as the Health Services Commissioner and the Victorian Equal Opportunity & Human Rights Commission deal with existing complaints, they also need to give consideration to human rights. Additionally, the Victorian Ombudsman investigates complaints about the Victorian government departments, most statutory authorities and local government. Under the Charter, the Ombudsman’s office has the power to investigate complaints of human rights breaches against these bodies.
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