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CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES (GENERAL) REGULATIONS 2017 (SR NO 122 OF 2017) - SCHEDULE 1

Schedule 1—Forms

FORM 1

Regulation 6

NOTICE TO THE ATTORNEY-GENERAL AND THE VICTORIAN EQUAL OPPORTUNITY AND HUMAN RIGHTS COMMISSION UNDER THE CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

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 ("the Charter").

*a question arises with respect to the interpretation of a statutory provision in accordance with the Charter.

*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 in [ Court of Appeal/Trial Division ] Proceeding No. [ insert number ].

2.     [ State specifically—

* the question of law that relates to the application of the Charter ;

* the question with respect to the interpretation of a statutory provision in accordance with the Charter ;

* in the case of a question referred to the Supreme Court under section 33 of the Charter, the question referred .]

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

* a question of law arises that relates to the application of the Charter ;

* a question arises with respect to the interpretation of a statutory provision in accordance with the Charter .]

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 .]

Dated: [ insert date ]

Signed: [ insert signature ]

To the: Victorian Government Solicitor on behalf of the Attorney-General, Level 25, 121 Exhibition Street, Melbourne Victoria 3000 (or email to charter@vgso.vic.gov.au ) and to the Victorian Equal Opportunity and Human Rights Commission, Legal Unit, Level 3, 204 Lygon Street, Carlton Victoria 3053 (or email to legal@veohrc.vic.gov.au)

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

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

*Delete if not applicable

FORM 2

Regulation 7

NOTICE THAT THE SUPREME COURT IS CONSIDERING MAKING A DECLARATION OF INCONSISTENT INTERPRETATION UNDER THE CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

[ Heading as appropriate ]

To the: Victorian Government Solicitor on behalf of the Attorney-General, Level 25, 121 Exhibition Street, Melbourne Victoria 3000 (or email to charter@vgso.vic.gov.au )

And to the: Victorian Equal Opportunity and Human Rights Commission, Legal Unit, Level 3, 204 Lygon Street, Carlton Victoria 3053 (or email to legal@veohrc.vic.gov.au)

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 date ]

Signed: [ insert signature ]

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

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