History of the Section

Section 12 was modelled on article 12 of the ICCPR, although it does not reflect the limitations permitted under Article 12(3).

Similar rights exist in comparative law.

Comparative rights table


Section 12: Freedom of movement

Every person lawfully within Victoria has the right to move freely within Victoria and to enter and leave it and have the freedom to choose where to live.


Article 12:
1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.

2. Everyone shall be free to leave any country, including his own.

3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.

4. No one shall be arbitrarily deprived of the right to enter his own country.

ACT: Human Rights Act 2004

Section 13

S Africa: Constitution of the republic of South Africa 1996 Chapter 2
Section 21
UK: Human Rights Act 1998
No equivalent section
Canada: Canadian Charter of Rights and freedoms

Section 6

New Zealand: New Zealand Bill of Rights Act 1990

Section 18