The Court of Appeal has handed down an important judgment on the application of the Charter in VCAT in the context of decision-making about public housing.

The Court of Appeal, overturning Bell J's decision, found that:

Read the judgment. Read VGSO's summary.

* The principal mechanism for challenging decisions of public authorities is through judicial review proceedings.

* While Charter issues may arise for determination in VCAT proceedings in other ways, the Charter does not confer upon VCAT a power to conduct a collateral review of a decision of the public authority.

* A separate ground of unlawfulness is required before a person can rely upon unlawfulness based upon a breach of s 38 of the Charter.

For more information on important Charter cases, visit our Charter Act cases page.

Tuesday, September 6, 2011