If you are reviewing legislation or developinga new policy that may restrict a person’s right:

 

  • to move freely within Victoria;
  • to choose where to live within Victoria; or
  • to be free to enter and leave Victoria; or, ask yourself:
     
  1. Does the right protected under s.12 apply? Is the person lawfully in Victoria?
     
  2. If so, can the restriction be justified under s. 7? The restriction should be rational and proportionate. For example, if you are considering restricting access to a public space for reasons of public order, consider the period of time during which the restriction is likely to remain in place, the criteria under which persons are to be granted or denied access, and the extent of the area covered by the restriction.
     
  3. Does the legislation or policy also restrict one or more of the rights in s. 18 (the right to participate in public life)?
     
  4. Does the limit on the right regulate individuals' access to educational, health or social services, or restrict their ability to exercise their cultural rights?