Victoria prides itself on its Charter of Human Rights and Responsibilities. Yet when it comes to legal regulation, the application of those rights is far from clear.
The legal profession is regulated under a uniform national scheme that, in effect, limits the application of human rights protections to regulatory action. Practitioners facing prolonged investigations or suspensions often find themselves without meaningful recourse.
In some cases, lawyers report being unable to afford legal representation by the time a matter reaches tribunal — not because of guilt, but because years of delay have drained resources.
The right to a fair hearing, the right to timely determination, and the right to humane treatment by public authorities are not abstract ideals. They exist precisely to prevent systems from causing disproportionate harm.
Yet legal regulators operate in a grey zone — exercising coercive powers while not clearly classed as public authorities for Charter purposes.
Western Australia’s inquiry did not explore this issue. Victoria should.
An independent inquiry could clarify whether current legislative settings properly reflect human rights obligations — and whether reform is needed to prevent regulatory processes themselves becoming punitive.
No profession tasked with upholding the law should operate outside its spirit.