As with all of the human rights protected in the Charter, the right to freedom of movement may be subject to reasonable limitations that can be demonstrably justified in a democratic society in accordance with s. 7 of the Charter. You should refer to Part 2 of these Charter Guidelines for further information on s. 7.

If you are assisting with the preparation of a policy or a program in which freedom of movement may be limited, you should examine whether the restriction would be permitted under s. 7. The restriction must be a reasonable limit and demonstrably justified.


If you are responsible for vetting legislation in a relevant context, it is important that you carefully examine whether the limitation on the right to freedom of movement can be justified under s. 7. For example, the operation of s. 7 may arise where there are:

  • restrictions imposed on the freedom of movement of persons lawfully detained, such as prisoners;
     
  • restrictions imposed on the movement of persons who are subject to a lawful order restricting their movement or where they may live, such as persons for whom a guardian has been appointed under the Guardianship and Administration Act 1986 (Vic);
     
  • restrictions of movement or place of residence imposed on persons pursuant to orders of the Adult Parole Board;
     
  • restrictions of movement or place of residence imposed on persons pursuant to orders made under the Mental Health Act 1986 (Vic);
     
  • other lawful orders imposed on persons restricting movement, such as family violence intervention orders;
     
  • planning controls imposed which zone residential locations away from commercial, industrial or agricultural areas.