Kant – Application for a constitutional or other writ (19 December 2024)

Form 12 — Application for a constitutional or other writ
Note: see rule 25.01.1.

IN THE HIGH COURT OF AUSTRALIA
MELBOURNE REGISTRY

BETWEEN: JAN MAREK KANT
Plaintiff

and

PRINCIPAL REGISTRAR, HIGH COURT OF AUSTRALIA
Defendant

APPLICATION FOR A CONSTITUTIONAL OR OTHER WRIT

The plaintiff applies for the relief set out in Part I below on the grounds set out in Part II below

Part I:

The Plaintiff seeks a writ of mandamus requiring the Defendant file the Plaintiff’s application for a constitutional or other writ dated 11 December 2024 and a proceeding be commenced accordingly.
The Plaintiff also seeks an injunction requiting the High Court Registry not reject originating process filed by the Plaintiff.

Part II:

The Defendant has a duty to bring applications to the High Court of Australia, for judicial remedy, to hearing by judicial officers of the Court.

4, The Defendant repeatedly breached a duty of bringing applications by the Plaintiff to hearing in accordance with the law.

The Defendant engaged in a system of conduct, or a pattern of behaviour, which resulted in repeated violation of the Plaintiff’s human rights.
The 17 Dec 2024 decision is unreasonable.
The 17 Dec 2024 decision was made in error of jurisdiction.
The 17 Dec 2024 decision was made in error of the law.

Part III:

This application should be remitted, for joinder of claims, to the Federal Court.

Part IV:

On 11 December 2024, the Plaintiff lodged with the High Court Registry an application for relief in a matter arising directly under treaty. On 17 December 2024, the High Court Registry refused to file the documents.
The 17 Dec 2024 refusal was not the first instance of the High Court Registry refusing to file originating process lodged by the Plaintiff.

Part V:

The International Covenant on Civil and Political Rights forms part of the domestic law.
Paragraph 38(a) of Judiciary Act 1903 confirms the High Court has jurisdiction in matters arising “directly under treaty”.

[paragraphs 14 & 15 temporarily redacted]

Right of access to the courts is protected by human rights laws and principles of the common law.
The law requires a standard of reasonableness in the exercise of powers by officers of the High Court Registry.
By necessary implication of ss. 33 & 34 Judiciary Act 1903, the High Court may direct the issue of writs not already provided for by Rules of the High Court.

Part VI:

This application is a test case in the public interest.
A costs order against the Plaintiff would expectedly lead to bankruptcy proceedings incurring further costs in amounts greater than the amount eventually recovered,

Part VII:

Ex parte Walsh and Johnson; In Re Yeats [1925] HCA 53; 37 CLR 36 at p.79

[paragraphs 22 & 23 temporarily redacted]

Dietrich v The Queen [1992] HCA 57 at [17-21], [43], and [45 — 48]
Minister for Immigration and Citizenship v Li [2013] HCA 18 at [63 — 65]
R (on the application of UNISON) v Lord Chancellor [2017] UKSC S51 at [66]

Part VIII:

Relevant constitutional and statutory provisions appear in the annex.

Dated 19 December 2024

To: The Defendant
Australian Government Solicitor

TAKE NOTICE: Before taking any step in the proceeding you must, within 14 DAYS from service of this application enter an appearance and serve a copy on the plaintiff.

The plaintiff is self-represented.

IN THE HIGH COURT OF AUSTRALIA
MELBOURNE REGISTRY

BETWEEN: JAN MAREK KANT
Plaintiff

and

PRINCIPAL REGISTRAR, HIGH COURT OF AUSTRALIA
Defendant

APPLICATION FOR A CONSTITUTIONAL OR OTHER WRIT – ANNEX

Part VIII – constitutional and statutory provisions

Clause 29 of Magna Carta 1297 (Imperial)
NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor deal with him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.

Liberty of Subject Act 1354 (Imperial)
ITEM, That no Man of what Estate or Condition that he be, shall be put out of Land or Tenement, nor taken, nor imprisoned, nor disinherited, nor put to Death, without being brought in Answer by due Process of the Law.

Observance of Due Process of Law Act 1368 (Imperial)
ITEM, At the Request of the Commons by their Petitions put forth in this Parliament, to eschew the Mischiefs and Damages done to divers of his Commons by false Accusers, which oftentimes have made their Accusations more for Revenge and singular Benefit, than for the Profit of the King, or of his People, which accused Persons, some have been taken, and others caused to come before the King’s Council by Writ, and otherwise upon grievous Pain against the Law: It is assented and accorded, for the good Governance of the Commons, that no Man be put to answer without Presentment before Justices, or Matter of Record, or by due Process and Writ original, according to the old Law of the Land: And if any Thing from henceforth be done to the contrary, it shall be void in the Law, and holden for Error.

Section 3 of Habeas Corpus Act 1640 (Imperial)
Be it likewise declared and Enacted by Authoritie of this present Parliament That neither his Majestie nor his Privie Councell have or ought to have any Jurisdiction power or

authority by English Bill Petition Articles Libell or any other arbitrary way whatsoever to examine or drawe into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any the subjects of this Kingdome But that the same ought to be tried and determined in the ordinary Courts of Justice and by the ordinary course of the Law.

Section 7 of Habeas Corpus Act 1640 (Imperial)
Provided alwaies and be it Enacted That this Act and the severall Clauses therein contained shall be taken and expounded to extend only to the Court of Star Chamber and to the said Courts holden before the President and Councell in the Marches of Wales and before the President and Councell in the Northern parts and alsoe to the Court commonly called the Court of the Dutchy of Lancaster holden before the Chauncellour and Councell of that Court And alsoe in the Court of Exchequer of the County Palatine of Chester held before the Chamberlaine and Councell of that Court And to all Courts of like Jurisdiction to be hereafter erected ordained constituted or appointed as aforesaid And to the Warrants and directions of the Councell board and to the commitments restraints & Imprisonments of any Person or Persons made commanded or awarded by the Kings Majesty his Heires or Successors in theire owne person or by the Lords and others of the Privie Councell and every one of them.

Section 1 of Colonial Laws Validity Act 1865 (Imperial)
The term “colony” shall in this Act include all of Her Majesty’s possessions abroad in which there shall exist a legislature, as herein-after defined, except the Channel Islands, the Isle of Man .

The terms “legislature” and “colonial legislature” shall severally signify the authority, other than the Imperial Parliament or Her Majesty in Council, competent to make laws for any colony:

The term “representative legislature” shall signify any colonial legislature which shall comprise a legislative body of which one half are elected by inhabitants of the colony:

The term “colonial law” shall include laws made for any colony either by such legislature as aforesaid or by Her Majesty in Council:

An Act of Parliament, or any provision thereof, shall, in construing this Act, be said to extend to any colony when it is made applicable to such colony by the express words or necessary intendment of any Act of Parliament:

The term “governor” shall mean the officer lawfully administering the government of any colony:

The term “letters patent” shall mean letters patent under the Great Seal of the United Kingdom of Great Britain and Ireland.

Section 2 of Colonial Laws Validity Act 1865 (Imperial)
Any colonial law which is or shall be in any respect repugnant to the provisions of any Act of Parliament extending to the colony to which such law may relate, or repugnant to any order or regulation made under authority of such Act of Parliament, or having in the colony the force and effect of such Act, shall be read subject to such Act, order, or regulation, and shall, to the extent of such repugnancy, but not otherwise, be and remain absolutely void and inoperative.

Section 3 of Colonial Laws Validity Act 1865 (Imperial)
No colonial law shall be or be deemed to have been void or inoperative on the ground of repugnancy to the law of England, unless the same shall be repugnant to the provisions of some such Act of Parliament, order, or regulation as aforesaid.

Section 5 of Commonwealth of Australia Constitution Act 1900 (Imperial)
This Act, and all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on the courts, judges, and people of every State and of every part of the Commonwealth, notwithstanding anything in the laws of any State; and the laws of the Commonwealth shall be in force on all British ships, the Queen’s ships of war excepted, whose first port of clearance and whose port of destination are in the Commonwealth.

Section 71 of section 9 of Commonwealth of Australia Constitution Act 1900 (Imperial)
The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to
be called the High Court of Australia, and in such other federal courts as the Parliament
creates, and in such other courts as it invests with federal jurisdiction. The High Court shall
consist of a Chief Justice, and so many other Justices, not less than two, as the Parliament
prescribes.

Subsection 2(1) of Australia Act 1986 (Imperial)
It is hereby declared and enacted that the legislative powers of the Parliament of each State include full power to make laws for the peace, order and good government of that State that have extra-territorial operation.

Paragraph 51(xxix.) of the Constitution
The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:—
(xxix.) External affairs:

Paragraph 51(xxxix.) of the Constitution
The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:—
(xxxix.) Matters incidental to the execution of any power vested by this Constitution in the Parliament or in either House thereof, or in the Government of the

Commonwealth, or in the Federal Judicature, or in any department or officer of the Commonwealth.

Section 61 of the Constitution
The executive power of the Commonwealth is vested in the Queen and is exerciseable by the Governor-General as the Queen’s representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth.

Section 71 of the Constitution
The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Parliament prescribes.

Section 75 of the Constitution
In all matters—
(i.) Arising under any treaty:
(ii.) Affecting consuls or other representatives of other countries:
(iii.) In which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party:
(iv.) Between States, or between residents of different States, or between a State and a resident of another State:
(v.) In which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth:
the High Court shall have original jurisdiction.

Section 76 of the Constitution
The Parliament may make laws conferring original jurisdiction on the High court in any matter—
(i.) Arising under this Constitution, or involving its interpretation:
(ii.) Arising under any laws made by the Parliament:
(iii.) Of Admiralty and maritime jurisdiction:
(iv.) Relating to the same subject-matter claimed under the laws of different States.

Section 16 of Judiciary Act 1903
The jurisdiction of the High Court may be exercised by a Justice sitting other than in open
court in the cases following:
(a) Applications relating to the conduct of a cause or matter;
(b) Applications relating to the custody management or preservation of property, or to the sale of property and the disposition of the purchase money;

(c) Applications for orders or directions as to any matter which by this Act or by Rules
of Court is made subject to the direction of a Justice sitting other than in open
court;
(d) Any other applications which by this or any Act or by Rules of Court are
authorized to be made to a Justice sitting other than in open court.
But on the application of either party the Justice may order the application to be adjourned
into Court and heard in open Court

Subsection 33(1) of Judiciary Act 1903
The High Court may make orders or direct the issue of writs:
(a) commanding the performance by any court invested with federal jurisdiction, of any duty relating to the exercise of its federal jurisdiction; or
(b) requiring any court to abstain from the exercise of any federal jurisdiction which it does not possess; or
(c) commanding the performance of any duty by any person holding office under the Commonwealth; or
(d) removing from office any person wrongfully claiming to hold any office under the Commonwealth; or
(e) of mandamus; or
(f) of habeas corpus.

Subsection 33(2) of Judiciary Act 1903
This section shall not be taken to limit by implication the power of the High Court to make any order or direct the issue of any writ.

Section 33A of Judiciary Act 1903
The High Court may by order direct that an award in an arbitration in respect of any matter over which the High Court has original jurisdiction, or in respect of which original jurisdiction may be conferred upon the High Court, shall be a Rule of the High Court.

Paragraph 38(a) of Judiciary Act 1903
Subject to sections 39B and 44, the jurisdiction of the High Court shall be exclusive of the jurisdiction of the several Courts of the States in the following matters: (a) matters arising directly under any treaty;

Subsection 44(2) of Judiciary Act 1903
Where a matter in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party is at any time pending in the High Court, the High Court may, upon the application of a party or of the High Court’s own motion, remit the matter, or any part of the matter, to the Federal Court of Australia.

Subsection 44(3) of Judiciary Act 1903
Where the High Court remits a matter, or any part of a matter, under subsection (2) or (2A) to a court:
(a) that court has jurisdiction in the matter, or in that part of the matter, as the case may be; and
(b) subject to any directions of the High Court, further proceedings in the matter, or in that part of the matter, as the case may be, shall be as directed by that court.

Subsection 44(4) of Judiciary Act 1903
The High Court may remit a matter, or any part of a matter, under this section without an oral hearing.

Subsection 79(1) of Judiciary Act 1903
The laws of each State or Territory, including the laws relating to procedure, evidence, and the competency of witnesses, shall, except as otherwise provided by the Constitution or the laws of the Commonwealth, be binding on all Courts exercising federal jurisdiction in that State or Territory in all cases to which they are applicable.

“Australia” in subsection 3(1) of Australian Human Rights Commission Act 1986
In this Act, unless the contrary intention appears:
Australia includes the external Territories.

“human rights” in subsection 3(1) of Australian Human Rights Commission Act 1986
In this Act, unless the contrary intention appears:
human rights means the rights and freedoms recognised in the Covenant, declared by the Declarations or recognised or declared by any relevant international instrument.

Subsection 3(4) of Australian Human Rights Commission Act 1986
In the definition of human rights in subsection (1):
(a) the reference to the rights and freedoms recognised in the Covenant shall be read as a reference to the rights and freedoms recognised in the Covenant as it applies to Australia; and
(b) the reference to the rights and freedoms recognised or declared by any relevant international instrument shall:
(i) in the case of an instrument (not being a declaration referred to in subparagraph (ii)) that applies to Australia—be read as a reference to the rights and freedoms recognised or declared by the instrument as it applies to Australia; or
(ii) in the case of an instrument being a declaration made by an international organisation that was adopted by Australia—be read as a reference to the

rights and freedoms recognised or declared by the declaration as it was adopted by Australia.

Subsection 3(5) of Australian Human Rights Commission Act 1986
A reference in this Act to the making of a declaration by an international organisation shall be read as a reference to the making or adopting of a declaration, proclamation or other statement by such an organisation in any way, whether by the passing of a resolution, the issuing of an instrument or otherwise.

Subsection 3(6) of Australian Human Rights Commission Act 1986
A reference in this Act to the adoption by Australia of an international instrument being a declaration made by an international organisation shall be read as a reference to the casting by Australia of a vote in favour of the making of the declaration by the organisation at the meeting of the organisation at which the declaration was made or to the giving of some other public notification by Australia expressing its support for the declaration.

Introductory words in Schedule 2 of Australian Human Rights Commission Act 1986
The States Parties to the present Covenant,
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Recognizing that these rights derive from the inherent dignity of the human person,
Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,
Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,
Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,
Agree upon the following articles:

Article 2, paragraph 1 in Schedule 2 of Australian Human Rights Commission Act 1986
Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 2, paragraph 2 in Schedule 2 of Australian Human Rights Commission Act 1986
Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such

legislative or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

Article 5, paragraph 2 in Schedule 2 of Australian Human Rights Commission Act 1986
There shall be no restriction upon or derogation from any of the fundamental human rights
recognized or existing in any State Party to the present Covenant pursuant to law,
conventions, regulations or custom on the pretext that the present Covenant does not
recognize such rights or that it recognizes them to a lesser extent.

Article 14, paragraph 1 in Schedule 2 of Australian Human Rights Commission Act 1986
All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The Press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgment rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

Article 50 in Schedule 2 of Australian Human Rights Commission Act 1986
The provisions of the present Covenant shall extend to all parts of federated States without any limitations or exceptions.

Paragraph (g) of “agency” in subsection 6(1) of Privacy Act 1988
In this Act, unless the contrary intention appears:
agency means:
(g) a federal court; or

“APP entity” in subsection 6(1) of Privacy Act 1988
In this Act, unless the contrary intention appears:
APP entity means an agency or organisation.

Subsection 6A(1) of Privacy Act 1988
For the purposes of this Act, an act or practice breaches an Australian Privacy Principle if, and only if, it is contrary to, or inconsistent with, that principle.

Also, Subsection 6A(1) of Privacy Act 1988, by effect of 12B(2)(a) of Privacy Act 1988
For the purposes of this Act, conduct breaches a provision of Schedule 1 of the Act if, and only if, it is contrary to, or inconsistent with that provision.

Subsection 6C(1) of Privacy Act 1988
In this Act:
organisation means:
(a) an individual; or
(b) a body corporate; or
(c) a partnership; or
(d) any other unincorporated association; or
(e) a trust;
that is not a small business operator, a registered political party, an agency, a State or Territory authority or a prescribed instrumentality of a State or Territory.

Subsection 12B(1) of Privacy Act 1988
Without limiting its effect apart from this section, this Act has effect in relation to the following (the regulated entities) as provided by this section:
(a) an agency;
(b) an organisation;
(c) a small business operator;
(d) a body politic.

Paragraph 12B(2)(a) of Privacy Act 1988
This Act also has the effect it would have if its operation in relation to regulated entities were expressly confined to an operation to give effect to the following:
(a) the International Covenant on Civil and Political Rights done at New York on 16 December 1966 ([1980] ATS 23), and in particular Articles 17 and 24(1) of the Covenant;

Subsection 12B(4) of Privacy Act 1988
This Act also has the effect it would have if its operation in relation to regulated entities were expressly confined to regulated entities that are corporations.

Paragraph 13(1)(a) of Privacy Act 1988
An act or practice of an APP entity is an interference with the privacy of an individual if:
(a) the act or practice breaches an Australian Privacy Principle in relation to personal information about the individual; or

Also, Subsection 13(1) of Privacy Act 1988, by effect of 12B(2)(a) of Privacy Act 1988
Conduct engaged in by a federal court is a violation of rights or freedoms recognised in the Covenant if it breaches a provision of Schedule 1 of the Act.

Section 15 of Privacy Act 1988
An APP entity must not do an act, or engage in a practice, that breaches an Australian Privacy Principle.

Also, Section 15 of Privacy Act 1988, by effect of 12B(2)(a) of Privacy Act 1988
A federal court must not engage in conduct that breaches a provision of Schedule 1 of the Act.

Subsection 66(1) of Privacy Act 1988
A person contravenes this subsection if:
(a) the person is required to give information, answer a question or produce a document or record under this Act; and
(b) the person refuses or fails to do so.
Civil penalty: 60 penalty units.

Also, subsection 66(1) of Privacy Act 1988, by effect of 12B(2)(a) of Privacy Act 1988
A federal court contravenes this subsection if:
(a) the federal court is requested by an individual to do something required for giving effect to a right or freedom recognised in the Covenant; and,
(b) the federal court refuses or fails to do so.
Civil penalty: 60 penalty units.

Subsection 66(1AA) of Privacy Act 1988
A person commits an offence if:
(a) the person is a corporation; and
(b) the person engages in conduct that constitutes a system of conduct or a pattern of behaviour; and
(c) the system of conduct or pattern of behaviour results in 2 or more contraventions of subsection (1).
Penalty: 300 penalty units.

Also, Subsection 66(1AA) of Privacy Act 1988, by effect of 12B(2)(a) & 12B(4) of Privacy Act 1988
A federal court commits an offence if:
(a) the federal court is an entity of a kind mentioned in subsection 12B(1); and
(b) the federal court engages in conduct that constitutes a system of conduct or a pattern of behaviour; and
(c) the system of conduct or pattern of behaviour results in 2 or more contraventions of subsection (1).
Penalty: 300 penalty units.

Subsection 98B(1) of Privacy Act 1988
If, apart from this subsection, this Act would impose an obligation on an unincorporated association, the obligation is imposed instead on each member of the association’s committee of management but may be discharged by any of the members.

12.1 of Schedule 1 of Privacy Act 1988
If an APP entity holds personal information about an individual, the entity must, on request by the individual, give the individual access to the information.

Also, 12.1 of Schedule 1 of Privacy Act 1988, by effect of 12B(2)(a) of Privacy Act 1988
If it is capable of doing so, a federal court must, on request by an individual, do a thing required for giving effect to a right or freedom recognised in the Covenant.

Subsection 3(1) of Constitution Act 1975 (Victoria)
Subject to the Imperial Acts Application Act 1980 all laws and statutes in force within the
realm of England on the 25th day of July, 1828 (not being inconsistent with any law now
in force) shall be applied in the administration of justice in the courts of Victoria, so far as
they can be applied within Victoria.

Section 16 of Constitution Act 1975 (Victoria)
The Parliament shall have power to make laws in and for Victoria in all cases whatsoever.

Section 3 of Imperial Acts Application Act 1980 (Victoria)
The enactments mentioned in the Schedule to the extent set out in Part II shall continue to have in Victoria whether separately or in combination with any unrepealed enactment or statutory provision such force and effect, if any, as they had at the commencement of this Act. In construing any such enactment where the whole Statute Ordinance or other Provision is not set out in full regard may be had to any part thereof not so set out. In the case of enactments made or passed prior to the reign of Henry VII the translation from the original Latin or Norman-French in Part II shall be deemed to be correct. The titles to the Divisions of Part II shall be read as descriptive merely and not as affecting the construction of the enactment or enactments set out thereunder.

Paragraph 1(2)(a) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
The main purpose of this Charter is to protect and promote human rights by—
(a) setting out the human rights that Parliament specifically seeks to protect and promote; and

Paragraph 1(2)(b) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
The main purpose of this Charter is to protect and promote human rights by—
(b) ensuring that all statutory provisions, whenever enacted, are interpreted so far as is possible in a way that is compatible with human rights; and

Paragraph 1(2)(c) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
The main purpose of this Charter is to protect and promote human rights by—
(c) imposing an obligation on all public authorities to act in a way that is compatible with human rights; and

“court” in subsection 3(1) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
In this Charter—
court means the Supreme Court, the County Court, the Magistrates’ Court, the Children’s Court or the Coroners Court;

Also, “court” in subsection 3(1) of Charter of Human Rights and Responsibilities Act 2006 (Victoria), by necessary modification thereof
In this Charter—
court means the High Court, the Federal Court or the Federal Circuit and Family Court of Australia;

Subsection 3(2) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
In this Charter—
(a) a reference to a function includes a reference to a power, authority and duty; and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

Paragraph 4(1)(j) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
For the purposes of this Charter a public authority is—
but does not include—
(j) a court or tribunal except when it is acting in an administrative capacity; or

Section 5 of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
A right or freedom not included in this Charter that arises or is recognised under any other law (including international law, the common law, the Constitution of the Commonwealth and a law of the Commonwealth) must not be taken to be abrogated or limited only because the right or freedom is not included in this Charter or is only partly included.

Subsection 6(2) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
This Charter applies to—
(a) the Parliament, to the extent that the Parliament has functions under Divisions 1 and 2 of Part 3; and
(b) courts and tribunals, to the extent that they have functions under Part 2 and Division 3 of Part 3; and

Subsection 6(3) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
Subsection (2) does not take away from or limit—
(a) any other function conferred by this Charter on an entity specified in subsection (2); or
(b) any function conferred on any other entity by this Charter.

Subsection 6(4) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
This Charter binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

Subsection 8(2) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
Every person has the right to enjoy their human rights without discrimination.

Subsection 8(3) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
Every person is equal before the law and is entitled to the equal protection of the law without discrimination and has the right to equal and effective protection against discrimination.

Subsection 24(1) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
A person charged with a criminal offence or a party to a civil proceeding has the right to have the charge or proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing.

Subsection 32(1) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
So far as it is possible to do so consistently with their purpose, all statutory provisions must be interpreted in a way that is compatible with human rights.

Subsection 32(2) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
International law and the judgments of domestic, foreign and international courts and tribunals relevant to a human right may be considered in interpreting a statutory provision.

Subsection 38(1) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
Subject to this section, it is unlawful for a public authority to act in a way that is incompatible with a human right or, in making a decision, to fail to give proper consideration to a relevant human right.

Subsection 39(1) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
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.

Paragraph 35(a) of Interpretation of Legislation Act 1984 (Victoria)
In the interpretation of a provision of an Act or subordinate instrument—
(a) a construction that would promote the purpose or object underlying the Act or subordinate instrument (whether or not that purpose or object is expressly stated in the Act or subordinate instrument) shall be preferred to a construction that would not promote that purpose or object; and