The transitional provision in s 49(2) of the Charter of Human Rights and Responsibilities Act 2006 (Vic) excludes from the Charter's operation all criminal proceedings where the accused was charged before the commencement of Part 2 on 1 January 2007; 'proceedings' commence at the point of charge, not at the commencement of the trial hearing. A judge hearing an adjournment application is exercising judicial discretion, not acting in an 'administrative capacity' within s 4(1)(j) of the Charter. The right to counsel of choice under s 25(2)(d) is not absolute but is subject to the general limitation in s 7. Even apart from the Charter, the common law discretion to adjourn a trial to accommodate counsel of choice requires balancing the accused's interest in representation against the interests of justice, including the safety of witnesses, the public interest in expeditious disposal, and the accused's own conduct in failing to brief alternative counsel.
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