Currently, Australia tends to deal with human
rights breaches after the fact, for example
through Royal Commissions and the limited
pathway of AHRC Act complaints. Sometimes,
vast, unexpected costs arise as a result of a
failure to consider human rights at an early
Cost of Royal Commissions vs Cost of
Victorian Charter
Royal Commissions are very costly. The Law
Council submitted the following figures.
• the Royal Commission into Aged Care
will cost the Australian Government
$104 million over four years.144
• the Royal Commission into Institutional
Responses to Child Sexual Abuse cost
about $500 million.145
• the Royal Commission into Violence,
Abuse, Neglect and Exploitation of
People with Disability (the Disability Royal
Commission) will cost $527 million.146
• the Royal Commission into the Protection
and Detention of Children in the Northern
Territory (NT Royal Commission) jointly
cost the Northern Territory and Federal
Governments $54 million.147
Meanwhile, the costs of implementing the
Victorian Charter was submitted by Queensland
Advocacy Incorporated.
The 2011 review of the Victorian Charter was the
first review for a human rights act in Australia.
It provided detailed information regarding
economic costs, found that, over the first five
years of its operation (from 2006–7 to 2010–11
financial years), the total economic cost of the
Charter was $13,488,750.148
This was comprised of the following:
stage. An example of this is Robodebt which
led to a class action resulting in a record $1.8
billion settlement, and prompted its own Royal
Commission.143 Dealing with human rights issues
early has obvious economic benefits.
• Establishment of the Human Rights
Unit within the Department of Justice
($3,405,185)
• Funding for VEOHRC’s (Victorian Equal
Opportunity Human Rights Commission)
charter-related work ($3,326,000)
• Grants provided by the Department of
Justice for Charter education and legal
advice ($971,362)
• Other identified human rights staff in the
Victorian Public Service ($754,379)
• Charter-related training and the
development of resources ($160,665)
• Legal advice obtained for the initial
audit of legislation in preparation for the
introduction of the Charter and drafting of
statutory provisions or general legal advice
in relation to the Charter ($272,971)
• Legal advice obtained for the preparation
of statements of compatibility ($470,339)
• Charter-related litigation involving the
Department of Justice, DHS and Victoria
Police ($952,373)
• The cost of conducting the review of
the Charter was estimated at $130,000.
This amounts to a total cost of $0.50 per
Victorian resident.149
Extracted from Law Council of Australia and
Queensland Advocacy Incorporated submissions to
Free & Equal
• Charter implementation funding for certain
departments and agencies (Corrections
Victoria, Department of Human Services
and Victoria Police) ($2,549,000)
FREE AND EQUAL A Human Rights Act for Australia 2022
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