Section 32(1) of the Charter: Confining Statutory Discretions Compatibly with Charter Rights

Parliament frequently enacts legislation which confers broad discretionary powers on decision-makers. Such statutory discretions are not at large —they are confined by principles of statutory interpretation. In Victoria, the Charter of Human Rights and Responsibilities Act 2006 (Vic) (‘Charter’)has a role to play in interpreting statutes. Section 32(1) of the Charter provides that so far as it is possible consistently with their purpose, all statutory provisions must be interpreted in a way that is compatible with human rights. A question therefore arises as to whether discretions conferred by Victorian statutory provisions must be interpreted so that they may only be exercised compatibly with the human rights protected by the Charter. This article explores the issue. The answer is not as straight forward as it might first seem.