It is important to know your rights when you face a legal problems, even when we don't think of them as legal.
Victorian Law Week is a time to learn what to do when the law meets your life, where to get help and find out more about the law.
See below some common issues that may concern your rights, relevant Victorian Law Week events, and where you can go for help.
Laws in Victoria change over time. This can be because the laws are out of date, too complex, not working well, or out of step with community values. Before laws can be changed, a number of organisations and government bodies undertake consultation, research and planning.
It is important as part of that people are involved in how laws are reformed to make sure they reflect the times and the values of the Victorian public. Anyone can suggest a law reform project through the Victorian Law Reform Commission. They are an independent, government-funded organisation that develops, monitors and coordinates law reform in Victoria.
In Victoria, it is against the law for someone to discriminate against you. Discrimination means being treated unfairly or not as well as others because of things like age, gender, race or relationship status. These things are called ‘protected characteristics’.
There are two types of discrimination that are against the law.
If you think you have been discriminated against in an area that is covered by these laws you can make a complaint with the relevant commission.
In the digital age, your personal information is valuable and should be kept private. Many public sector organisations and businesses collect your personal information, and it’s important to know your rights to privacy.
Personal information can include your name, contact details, postal address, fingerprints, your financial details, as well as information about your race, identity, political opinions and sexual preferences.
Public sector organisations that collect your personal information are required to follow certain procedures. This includes only collecting the personal information they require, informing you why the information is being collected, and protecting your personal information.
The Victorian public has a right to freedom of expression and peaceful assembly, allowing Victorians to protest freely. A protest means an event held to advance, publicise or promote a political, ideological or industrial cause.
Protesting can draw the attention of police. If you are going to protest, it’s important to know what you can and can’t do, and your rights when interacting with police. During a protest, police can only ask you to move on if there has been a breach of the peace, injury or damage has been caused to people or property, or people have been endangered.
Did you know that you have the right to request access to documents held by Victorian government agencies and ministers? It applies to all Victorian public sector agencies and Ministers including government departments, police, local councils, public hospitals and health services, public schools and universities.
You can request access to documents held by the Victorian Government by submitting a freedom of information (FOI) request and paying the non-refundable application fee. Each department and many agencies have their own FOI unit and some have different process.
If you or a person you know may be experiencing a legal problem, help is available. Getting started can be difficult, but here’s some small steps to begin.
There are dedicated legal assistance services for discrimination if they are eligible.
Victoria Legal Aid has a webpage that guides you to making a discrimination complaint, including help on where to go, how to make a complaint and the process of getting your complaint heard.
If you think you have been treated unfairly at work or in other areas of public life, Victoria Legal Aid’s Equality Law Program provides specialist sexual harassment and discrimination services and can help you understand your legal options.
Disability Discrimination Legal Service gives free legal advice and assistance to anyone who wants to make a complaint about being discriminated against on the grounds of their disability.
The Victorian Equal Opportunity and Human Rights Commission website has information about a range of discrimination topics.
There are dedicated legal assistance services for privacy if they are eligible.
If you have concerns about how your personal information has been collected or used, you have the right to make a complaint. You must first make a complaint to the organisation you have an issue with. If you aren’t satisfied by the way the organisation deals with your concerns, you can make a complaint to the Office of the Victorian Information Commissioner.
There are dedicated legal assistance services for law reform if they are eligible.
The Victorian Law Reform Commission provides independent recommendations to the government on law reform, including taking community-led law reform projects. You can engage with them on making a submission or participating in law reform.
There are dedicated legal assistance services for law reform if they are eligible.
The Victorian Government has a page that provides information and resources if you would like to submit a freedom of information request.
The Office of the Victorian Information Commissioner also provides many resources to help you find the information you need, and guides you through the application process. They also hear complaints if you have an issue accessing information.
There are dedicated legal assistance services for protest if they are eligible.
The Victorian Aboriginal Legal Service provides a useful guide to your rights to protest when you interact with police.
Melbourne Activist Legal Support and Fitzroy Legal Service have more information on your rights to protest and where to get help if you have interactions with the police.
If you have a complaint against the police, Victoria Legal Aid provides guidance on submitting your complaint.
You can find legal information and may be eligible for free legal advice from Victoria Legal Aid or from your local community legal centre
Otherwise, you can seek help from a private lawyer using the Find Your Lawyer Referral Service. All law firms included in the service provide a free 30-minute interview.
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