* option 1 (agreed to by a minority of the Committee) would retain all of Part 3 of the Charter, subject to modifications recommended elsewhere in the report

* option 2 (agreed to by a majority of the Committee) would retain only the Parliamentary scrutiny parts of Part 3 of the Charter and remove court functions (such as interpretation and declarations of inconsistent interpretation) and public authority obligations under section 38.

The High Court has handed down its first major decision on the Charter.

The judgment discussed a number of important Charter issues, including:

* the constitutional validity of section 32 of the Charter (a majority of the Court found it was constitutionally valid)

* the constitutional validity of section 36 of the Charter (a majority of the Court found it was constitutionally valid)

* the role of limitations of rights under s 7 of the Charter in the functions under sections 32 and 36 of the Charter

The reasons on many of these issues are lengthy and complex.

The Court also found that the relevant parts of the Victorian Drugs Act was not invalid under section 109 of the Constitution.

Read the judgment

Date: 
Thursday, September 8, 2011