Victorian Current Acts

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CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES ACT 2006 - SECT 39

Legal proceedings

    (1)     If, otherwise than because of this Charter, a person may seek any relief or remedy in respect of an act or decision of a public authority on the ground that the act or decision was unlawful, that person may seek that relief or remedy on a ground of unlawfulness arising because of this Charter.

    (2)     This section does not affect any right that a person has, otherwise than because of this Charter, to seek any relief or remedy in respect of an act or decision of a public authority, including a right—

        (a)     to seek judicial review under the Administrative Law Act 1978 or under Order 56 of Chapter I of the Rules of the Supreme Court; and

        (b)     to seek a declaration of unlawfulness and associated relief including an injunction, a stay of proceedings or exclusion of evidence.

    (3)     A person is not entitled to be awarded any damages because of a breach of this Charter.

    (4)     Nothing in this section affects any right a person may have to damages apart from the operation of this section.

Part 4—Victorian Equal Opportunity and Human Rights Commission



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