Bare v Independent Broad-Based Anti-Corruption Commission: One step forward, one step back: The Victorian Charter in Bare v Independent Broad-Based Anti-corruption Commission

Bare v Independent Broad-Based Anti-Corruption Commission is a landmark in the history of Victoria's Charter of Human Rights and Responsibilities. The Court of Appeal's recent decision has significant implications for future litigation under the Charter. First, while not binding on this point, Bare considered in detail whether a breach of s 38(1) of the Charter by a public authority constitutes a jurisdictional error. Second, the Court adopted a cautious approach to the use of international law to construe the scope of Charter rights. This departs from previous Charter case law. Third, Bare demonstrates the Charter's power to have a normative influence on the behaviour of public authorities, by requiring them to give proper consideration to human rights. Finally, Bare illustrates how the Administrative Law Act 1978 (Vic) augments the Charter's power as a human rights instrument.