Section 3 Definitions

(1) In this Charter—

 

Aboriginal means a person belonging to the indigenous peoples of Australia, including the indigenous inhabitants of the Torres Strait Islands, and any descendants of those peoples;

 

act includes a failure to act and a proposal to act;

 

Charter means the Charter of Human Rights and Responsibilities;

 

child means a person under 18 years of age;

 

Commission means the Victorian Equal Opportunity and Human Rights Commission under the Equal Opportunity Act 1995;
 

court means the Supreme Court, the County Court, the Magistrates' Court or the Children's Court;


 

declaration of inconsistent interpretation means a declaration made by the Supreme Court under section 36(2);

 

discrimination, in relation to a person, means discrimination (within the meaning of the Equal Opportunity Act 1995) on the basis of an attribute set out in section 6 of that Act;

 

Note Section 6 of the Equal Opportunity Act 1995 lists a number of attributes in respect of which discrimination is prohibited, including age; impairment; political belief or activity; race; religious belief or activity; sex; and sexual orientation.

 

human rights means the civil and political rights set out in Part 2;

 

interpreter means—

(a) an interpreter accredited by a prescribed body; or


(b) if an accredited interpreter is not readily available, a competent interpreter—


and relates only to the oral rendering of the meaning of the spoken word or other form of communication from one language or form of communication into another language or form of communication;


 

override declaration means a declaration made by Parliament under section 31;


 

Parliamentary Committee has the same meaning as Joint House Committee has in the Parliamentary Committees Act 2003;


 

person means a human being;


 

public authority has the meaning given in section 4;


 

statutory provision means an Act (including this Charter) or a subordinate instrument or a provision of an Act (including this Charter) or of a subordinate instrument;

Victoria Police has the same meaning as the force has in the Police Regulation Act 1958.

 

Note In the Police Regulation Act 1958 the force means officers and other members of the police force.

 

(2) In this Charter—

 

(a) a reference to a function includes a reference to a power, authority and duty; and

 

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.