flexibility, deeper decision-making processes, and better outcomes for vulnerable people — including on a systemic level. A Human Rights Act would provide individuals with an avenue for recourse to enforce their rights. This would help to ensure that legislation applies fairly and inclusively to all. A Human Rights Act would provide opportunities for individuals and their advocates to raise complaints about human rights, to the Commission and to the courts. The Commission is a low-cost forum that conciliates complaints. This means that human rights concerns can be resolved in a manner that is acceptable to both parties, without the need to go to court.116 However, sometimes complaints are not amenable to conciliation. Access to the courts in these circumstances is essential. In a democracy, the judiciary enforces the rule of law and protect individuals against government abuses. Parliament makes laws that have general application, and the courts ensure that specific applications of the law are fair and just.117 The judiciary therefore ensures that laws, policies and decisions do not run roughshod over people’s rights, even where they do not affect the majority of the population. A Human Rights Act would enable courts to consider how human rights apply in relation to individuals and in specific circumstances, while maintaining the intent behind particular laws. 88 Further, when considering how a law applies in light of the Human Rights Act, courts could help reveal human rights implications that were not at first apparent and only emerged in the application of the law to an individual. This would give Parliament the opportunity to reconsider laws in a fresh light. A Human Rights Act could therefore enhance the ability of Australia’s democratic institutions to respond to human rights problems when they do occur. Indeed, human rights legislation at state and territory levels and overseas have had tangible benefits for vulnerable people.118 Julian Gardner noted that The protection of rights that a Charter would afford is particularly important for those who have less power and are more vulnerable. For example, in my former role as Victoria’s Public Advocate I encountered people with behavioural issues arising from their disabilities who were locked up without any power under relevant legislation to do so and with no legal oversight. Had the Victorian Charter been in force this would not have been allowed.119 The following case studies further illustrate how Human Rights Acts help to protect the rights of vulnerable and marginalised people.