Victorian Numbered Regulations

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES (GENERAL) REGULATIONS 2007 (SR NO 135 OF 2007) - SCHEDULE

SCHEDULE

FORMS

FORM 1

Sch.

Regulation 5

NOTICE TO THE ATTORNEY-GENERAL/THE VICTORIAN EQUAL OPPORTUNITY AND HUMAN RIGHTS COMMISSION

1.     The [ party who raises the question ] gives notice that—

*in the case of [ insert the names of parties and Supreme Court Proceeding No./County Court Proceeding No. ];

*a question of law arises that relates to the application of the Charter of Human Rights and Responsibilities;

*a question arises with respect to the interpretation of a statutory provision in accordance with the Charter of Human Rights and Responsibilities;

*in the case of [ insert the names of parties and the relevant Proceeding No . from which the referral is made ] a question has been referred to the Supreme Court under section 33 of the Charter of Human Rights and Responsibilities being [ Court of Appeal/Trial Division ] Proceeding No. [ insert ].

2.     [ State specifically—

(a)     the question of law that relates to the application of the Charter of Human Rights and Responsibilities; or

(b)     the question with respect to the interpretation of a statutory provision in accordance with the Charter of Human Rights and Responsibilities; or

(c)     in the case of a question referred to the Supreme Court under section 33 of the Charter of Human Rights and Responsibilities, the question referred ].

3.     [ State the facts showing the matter is one to which—

(a)     a question of law arises that relates to the application of the Charter of Human Rights and Responsibilities; or

(b)     a question arises with respect to the interpretation of a statutory provision in accordance with the Charter of Human Rights and Responsibilities. ]

4.     [ State the relevant directions, if any, made by the Court in relation to the proceeding and provide details of the next directions/hearing date. ]
Sch.

Dated:

[Signed]

To the:     [ Attorney-General/Victorian Equal Opportunity and Human Rights Commission *]

And to             the: [Prothonotary of the Supreme Court/Registrar of the Court of Appeal ]

And to: [ insert details of other party/parties ]

*[ delete as appropriate ]

__________________

FORM 2

Sch.

Regulation 6

NOTICE THAT THE SUPREME COURT IS CONSIDERING MAKING A DECLARATION OF INCONSISTENT INTERPRETATION

[ Heading as appropriate ]

To the Attorney-General of [ address ]

And to the Victorian Equal Opportunity and Human Rights Commission of [ address ]

TAKE NOTICE that—

The [ Trial Division of the Supreme Court/Court of Appeal ] is considering making a declaration of inconsistent interpretation in relation to [ insert relevant details of statutory provision ] and section [ insert relevant section ] of the Charter of Human Rights and Responsibilities in this proceeding.

This proceeding is listed for [ directions/hearing ] on [ insert date ].

Dated [ insert ]

[Signed]

And to: [ insert ]

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