Chapter 4: Endnotes
1
See eg, Judicial College of Victoria, Victorian
Charter of Human Rights Bench Book (2016)
[1.2. Structure and Operation] <https://
www.judicialcollege.vic.edu.au/eManuals/
CHRBB/57245.htm>.
2
Human Rights Act 1998 (UK); New Zealand
Bill of Rights Act 1990 (NZ); Human Rights
Act 2004 (ACT); Charter of Human Rights and
Responsibilities Act 2006 (Vic); Human Rights
Act 2019 (Qld).
3
Frank Brennan et al, National Human Rights
Consultation Committee Report (AttorneyGeneral’s Department, September 2009) xxxiv
(Recommendation 19); See, eg, Australian
Lawyers Alliance, Submission 29, Free & Equal
Inquiry; NSW Young Lawyers, Submission 35,
Free & Equal Inquiry; Queensland Advocacy
Incorporated, Submission 63, Free & Equal
Inquiry; Human Rights Law Centre, Submission
65, Free & Equal Inquiry; Julian Gardner,
Submission 79, Free & Equal Inquiry; Amnesty
International Australia, Submission 103, Free &
Equal Inquiry; Human Rights Alliance for NSW,
Submission 107, Free & Equal Inquiry; Canberra
Community Law, Submission 111, Free & Equal
Inquiry; Victorian Equal Opportunity and Human
Rights Commission, Submission 135, Free & Equal
Inquiry; Victoria Legal Aid, Submission 141, Free
& Equal Inquiry; ACT Human Rights Commission,
Submission 152, Free & Equal Inquiry; Law Council
of Australia, Submission 166, Free & Equal Inquiry.
4
Other potential terms that describe the
overarching approach taken by the Commission
to the proposed model include a ‘weak-form
review’ model, or a ‘responsive’ model. For
further discussion, see, eg, Aileen Kavanagh,
‘What’s so weak about “weak-form review”? The
case of the UK Human Rights Act 1998’ (2016)
13(4) International Journal of Constitutional Law,
1008; Rosalind Dixon, Responsive Judicial Review:
Democracy and Dysfunction in the Modern Age
(Oxford Comparative Constitutionalism, 2022).
5
Julian Gardner, Submission 79, Free & Equal
Inquiry; Public Interest Advocacy Centre,
Submission 69, Free & Equal Inquiry; Positive
Life NSW, Submission 72, Free & Equal Inquiry;
Lisa Ho, Submission 11, Free & Equal Inquiry;
Lisa Ho, Submission 11, Free & Equal Inquiry;
Rape and Domestic Violence Services Australia,
Submission 77, Free & Equal Inquiry; NSW Centre
for the Treatment and Rehabilitation of Torture
and Trauma Survivors, Submission 95, Free &
Equal Inquiry; Australian Privacy Foundation,
Submission 119, Free & Equal Inquiry; Sean
Stimpson et al., Submission 158, Free & Equal
Inquiry; ACT Disability, Aged and Carer Advocacy
Service, Submission 134, Free & Equal Inquiry.
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