• Every person has the right to take part in public affairs without discrimination. Every eligible person has the right to vote, be elected and have equal access to the Victorian public service and public office.
  • People of all cultural, religious, racial or linguistic backgrounds have the right to enjoy their culture, declare and practise their religion and use their languages.
  • Aboriginal people have the right to enjoy their identity and culture. They have the right to maintain their language, kinship ties and their distinctive spiritual, material and economic relationship with the land, waters and other resources to which they have a connection under traditional laws and customs.
  • A person must not be deprived of his or her property except in accordance with law.
  • Everyone has the right to liberty and security. This means a person must not be arrested or detained arbitrarily. A person must not be deprived of his or her freedom, except when it is lawful and according to procedures established by law. For example, when someone has been arrested and charged with a crime. If a person is arrested or detained, he or she must be told the reason at the time of their arrest or detention and promptly told about charges to be laid. A person must be quickly brought before a court and tried without unreasonable delay. Otherwise, that person must be released.
  • All people deprived of their liberty must be treated with humanity and respect for their dignity. An accused person, or someone who is detained without charge, must be held separately from people who have been convicted of offences, except where reasonably necessary. They must be treated in a way that is appropriate for someone who has not been convicted.
  • A child accused of committing a crime who is being detained, or a child who has been detained without charge, must be held separately from all detained adults and brought to trial as quickly as possible. A child convicted of an offence must be treated in a way that is appropriate for his or her age.
  • A person has a right to a fair hearing. This means the right to have criminal charges or civil proceedings decided by a competent, independent and impartial court or tribunal after a fair and public hearing. A court or tribunal can exclude the media and the public from a hearing if a law other than the Charter Act allows it to do so. All judgements or decisions made by a court or tribunal must be made public unless doing so would not be in the best interests of a child, or a law other than the Charter allows it to be kept secret.
  • A person who is charged with a crime has a right to be presumed innocent until proved guilty according to the law.
  • A person charged with a crime is entitled, without discrimination, to a number of minimum guarantees, such as: - to be promptly informed of the detail and reason for the charge; - enough time and facilities to prepare a defence and communicate with a lawyer chosen by him or her; - to be tried without unreasonable delay; - to be present at the trial; - to choose to access legal representation or have legal aid, if eligible, and to be told about any eligibility if unrepresented. There is no right to legal aid beyond the eligibility set out in the Legal Aid Act 1978; - to examine prosecution witnesses, and to call witnesses on his or her behalf; - to have the free assistance of an interpreter or other necessary communication tools; and - the right not to testify against oneself and the right not to be compelled to confess guilt.

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