Section 32(1) of the Victorian Charter does not authorise courts to depart from the meaning intended by Parliament; it operates as part of the ordinary body of interpretive rules alongside the principle of legality, and where a statutory provision cannot be interpreted compatibly with human rights, the remedy is a declaration of inconsistent interpretation under s 36, not judicial rewriting of the provision.
The full text is available to signed-in members, including the 41 later cases that cite this judgment.
8 of the 41 citing cases carry a classified treatment. How each court treated it is available to signed-in members.