Brimbank

Social Justice

Charter

2018

Introduction ........................................................................................ 1

Statement of Purpose

....................................................................... 2

What is social justice?

........................................................................ 3

Why is social justice important for Brimbank?

.............................. 4

Vulnerable groups

.......................................................................... 5

Barriers to social Justice

................................................................. 6

Social Justice Principles

..................................................................... 7

Access

............................................................................................... 7

Equity

................................................................................................ 7

Participation

.................................................................................... 7

Human Rights

.................................................................................. 7

Social Justice Commitments

............................................................. 8

Council’s role

....................................................................................... 9

Implementation and progress

........................................................ 10

Brimbank Social Justice Coalition

............................................... 10

Appendix 1 - Victorian Charter of Human Rights

and Responsibilities Act 2006

....................................................... 11

1 Brimbank Social Justice Charter 2018 Being a just and inclusive community

Introduction

The natural distribution is neither just nor unjust; nor is it

unjust that persons are born into society at some particular position.

These are simply natural facts. What is just and unjust is the way

that institutions deal with these facts.

– John Rawls, A Theory of Justice

Council is committed to being a leader in the area of social justice and strives to deal with differences in our

community in a fair and just way. Working in partnership with the community, service providers, business and

other levels of government, Council aims to build a municipality where all residents, workers and visitors can

thrive both socially and economically regardless of their personal circumstances or where they were born.

The Brimbank Social Justice Charter (the Charter) was first developed in 2008, and articulates Council’s

commitment to social justice and human rights. This is the second revision of the Charter which builds on the

previous Charters’ strengths and successes while ensuring it remains relevant, and continues to grow and

shape a culture of social justice and human rights in Brimbank.

In Victoria the principle of social justice and human rights is also protected by law. The Charter supports and

guides Council to fulfil its legislated obligations in relation to human rights and social justice as described in the

following legislation:

Victorian Local Government Act 1989

1

• An objective of a Council is “to ensure that services and facilities provided by the Council are accessible and

equitable”;

• A role of a Council is “fostering community cohesion and encouraging active participation in civic life”,

Victorian Charter of Human Rights and Responsibilities Act 2006

2

• Imposes an obligation on all public authorities to act in a way that is compatible with human rights.

Equal Opportunity Act 2010

3

• The objectives of the Equal Opportunity Act 2010 are to encourage the identification and elimination of

discrimination, sexual harassment and victimisation and their causes, and to promote and facilitate the

progressive realisation of equality.

1 LOCAL GOVERNMENT ACT 1989, Sourced from http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/vic/consol_act/lga1989182/

2 CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES ACT 2006 sourced from http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/vic/consol_act/

cohrara2006433/

3 EQUAL OPPORTUNITY ACT 2010 sourced from http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/vic/consol_act/eoa2010250/

Btimbank Social Justice Charter 2018 Being a just and inclusive community 2

Statement of Purpose

Brimbank City Council aims to create a more just society where difference does not lead to disadvantage. The

purpose of the Charter is to provide a framework to guide and support Council to meet this aim by:

Figure 1 - Brimbank Social Justice Framework

• Access

• Equity

• Participation

• Human Rights

• Reporting

• Compliance

• Review

• Strategies, plans,

policies & services

• Advocacy

• Partnerships

The following groups have been identified as being more vulnerable to experiencing inequality or

discrimination in Brimbank. These groups require specific consideration to ensure Council meets its social

justice commitments as defined by this Charter.

• Women

• Early years

• Young people

• Older people

• Unemployed or underemployed

• The LGBTIQ community

• Aboriginal and Torres Strait

Islander communities

• Migrants and new arrivals

• People with disability

• Carers

• People with substance dependence

• Culturally and Linguistically Diverse

communities

• People at risk of or experiencing insecure

housing or homelessness

• People who are or have been involved in

the justice system

• Families and young people involved with

the child protection system

• Very low income earners

It is important to note that:

• Not everyone who identifies as belonging to one of the above groups will experience injustice.

• These groups are not static and will change over time.

• There are many other people who don’t identify as belonging to one of the above groups who will also

experience discrimination or injustice.

• Identifying as belonging to more than one of these groups can compound the level of discrimination or

disadvantage a person might experience.

Btimbank Social Justice Charter 2018 Being a just and inclusive community 6

Identifying as belonging to a vulnerable or minority group does not in itself bring about injustice. It is the

barriers to social justice that these groups are more likely to confront that lead to inequality or disadvantage.

Council is committed to identifying and reducing the structural, community and individual barriers to social

justice that impact our community, particularly those most vulnerable. Some of the key barriers that can lead to

disadvantage are:

• Sexism, racism, homophobia, transphobia

• Discrimination

• Visa status

• Food insecurity

• Limited access to community activities

• Low levels of education, training or

qualifications

• Social isolation

• Poor physical, mental or sexual health

• Low levels of listening, speaking, reading or

writing language skills

- Housing insecurity

- Poor access to transport

- Poor quality and/or access to facilities

- Lack of access to open space

- Low income

- Limited access to employment

- Visa status

- Extreme climate

- Poor water or air quality

- Low access to native vegetation

7 Brimbank Social Justice Charter 2018 Being a just and inclusive community

Social Justice Principles

The Charter commits Council to the four interrelated social justice principles of access, equity, participation and

human rights. These principles guide all of Council’s work in continuing to build a strong foundation of social

justice for all in Brimbank.

Access means all services, programs and facilities should be available and usable for all people free from any

form of discrimination. A person’s gender, sexual orientation, race, ethnicity, religion, age, socioeconomic

status, physical or mental ability should not unreasonably prevent them from accessing Council services or

facilities.

A social justice approach goes beyond equality or simply treating everyone the same. It requires an equity

approach at a structural, community and individual level and in some cases allows for preferential, additional

or targeted treatment to ensure everyone receives fair and balanced access to services, facilities and

opportunities.

In any democracy, which literally means ‘ruled by the people’, it is imperative all people are supported and able

to actively participate in the full range of democratic processes. The principle of participation is the active

participation of citizens in community life including the democratic right to:

• Vote at elections

• Participate in the decision-making processes of government

• Be informed and consulted by governments about the decisions that affect their lives

Human rights are basic entitlements that belong to everyone, regardless of background, where we live, what

we look like, what we think or what we believe. Council is committed to upholding the twenty human rights

protected by law in the Victorian Charter of Human Rights and Responsibilities ACT 2006 by ensuring that all

its laws, policies and services are compatible with the requirements of the Victorian Charter. (See Appendix 1

for a full list of the human rights cover by the ACT)

Btimbank Social Justice Charter 2018 Being a just and inclusive community 8

Social Justice Commitments

Council recognises that there are a wide range of barriers that need to be addressed to achieve social justice

for all. These barriers disproportionally affect certain individuals and groups in our community. Council is

committed to working with the community and our partners to identify these groups and reduce the barriers to

social justice that they face. To achieve this Council’s core commitments are to:

• Provide an environment that is free of harassment and discrimination in accordance with community

expectations and international, Federal and State laws.

• Integrate the principles of social justice into all Council policies, plans and procedures.

• Ensuring equity in the provision of all Council services, facilities and programs.

• Provide access to opportunities for genuine community participation to inform Council’s decision

making processes.

• Raise community awareness of their rights and governments’ responsibilities under the Victorian Charter

of Human Rights and Responsibilities Act and the Victorian Equal Opportunity Act 2010.

• Advocate to Federal and State Governments to improve services, opportunities and resources for those

groups in the community who are most disadvantaged.

• Work in partnership with key stakeholders including local community groups; service providers;

business; and State and Federal government departments, to address disadvantage and respond to

social justice issues.

Brimbank Social Justice Charter

• Lead and represent

• Plan and regulate

• Fund and resource

• Partner and advocate

• Provide Services

• Build and maintain

Btimbank Social Justice Charter 2018 Being a just and inclusive community 10

Implementation

and progress

The Charter is a key document supporting Council’s collective impact approach to achieving the community’s

long term vision. Council is committed to ongoing and transparent implementing and monitoring of the Social

Justice Charter.

Progress towards meeting the Charter’s aim and commitments will be reflected in the measures established to

monitor Council’s key plans and strategies, in particular the Council Plan 2017-2021 and the Community Vision

2040.

The Brimbank Social Justice Coalition is a key stakeholder group supporting the implementation of the Charter.

The Coalition brings together the views, energy and resources of residents, community groups, local agencies

and Council. Using a partnership model, the Coalition works towards:

• Promoting social justice in the community

• Raising awareness about the impact of disadvantage discrimination and the importance of equity in service

provision

• Increasing social justice in the community with a particular focus on the issues identified by the Brimbank

Social Justice Coalition

11 Brimbank Social Justice Charter 2018 Being a just and inclusive community

Appendix 1 - Victorian

Charter of Human Rights and

Responsibilities Act 2006

Rights under the Charter

- The Victorian Charter of Human Rights and Responsibilities contains twenty basic

rights that promote and protect the values of freedom, respect, equality and dignity.

The Victorian Government, local councils and other public authorities must not knowingly be in breach of these

rights, and must always consider them when they create laws, develop policies and deliver their services.

Your right to recognition and equality

before the law (section 8)

Everyone is entitled to equal and effective

protection against discrimination, and to enjoy

their human rights without discrimination.

Your right to life (section 9)

Every person has the right to life and to not

have their life taken. The right to life includes a

duty on government to take appropriate steps

to protect the right to life.

Your right to protection from torture and

cruel, inhuman or degrading treatment

(section 10)

People must not be tortured. People must also

not be treated or punished in a cruel, inhuman

or degrading way. This includes protection

from treatment that humiliates a person.

People must not be subjected to medical

treatment or experiments without their full

and informed consent.

Your right to freedom from forced work

(section 11)

A person must not be forced to work or

be made a slave. A person is a slave when

someone else has complete control over them.

Your right to freedom of movement

(section 12)

People can stay in or leave Victoria whenever

they want to as long as they are here lawfully.

They can move around freely within Victoria

and choose where they live.

Your right to privacy and reputation

(section 13)

Everyone has the right to keep their lives

private. Your family, home or personal

information cannot be interfered with, unless

the law allows it.

Your right to freedom of thought,

conscience, religion and belief (section 14)

People have the freedom to think and believe

what they want, for example, religion. They

can do this in public or private, as part of a

group or alone.

Your right to freedom of expression

(section 15)

People are free to say what they think and

want to say. They have the right to find, receive

and share information and ideas. In general,

this right might be limited to respect the rights

and reputation of other people, or for the

protection of public safety and order.

Your right to peaceful assembly and

freedom of association (section 16)

People have the right to join groups or unions

and to meet peacefully.

Your right to protection of families and

children (section 17)

Families are entitled to protection. Children

have the same rights as adults with added

protection according to their best interests.

Btimbank Social Justice Charter 2018 Being a just and inclusive community 12

Your right to taking part in public life

(section 18)

Every person has the right to take part in

public life, such as the right to vote or run for

public office.

Cultural rights (section 19)

People can have different family, religious or

cultural backgrounds. They can enjoy their

culture, declare and practice their religion and

use their languages. Aboriginal persons hold

distinct cultural rights.

Property rights (section 20)

People are protected from having their property

taken, unless the law says it can be taken.

Your right to liberty and security of person

(section 21)

Everyone has the right to freedom and safety.

The right to liberty includes the right to not

be arrested or detained except in accordance

with the law. The right to security means that

reasonable steps must be taken to ensure the

physical safety of people who are in danger of

physical harm.

Your right to humane treatment when

deprived of liberty (section 22)

People have the right to be treated with

humanity if they are accused of breaking the

law and are detained.

Rights of children in the criminal process

(section 23)

A child charged with committing a crime or

who has been detained without charge must

not be held with adults. They must also be

brought to trial as quickly as possible and

treated in a way that is appropriate for their

age. Children are entitled to opportunities for

education and rehabilitation in detention.

Your right to a fair hearing (section 24)

A person has a right to a fair hearing. This

means the right to have criminal charges or

civil proceedings decided by a competent,

independent and impartial court or tribunal

after a fair and public hearing.

Rights in criminal proceedings (section 25)

There are a number of minimum guarantees

that you have when you have been charged

with a criminal offence. These include the

right to be told the charges against you in

a language you understand; the right to an

interpreter if you need one; the right to have

time and the facilities (such as a computer)

to prepare your own case or to talk to your

lawyer; the right to have your trial heard

without too much delay; the right to be told

about Victoria Legal Aid if you don’t already

have a lawyer; you are presumed innocent until

proven guilty; and you don’t have to testify

against yourself or confess your guilt unless

you choose to do so.

Right not to be tried or punished more than

once (section 26)

A person will only go to court and be tried

once for a crime. This means if the person is

found guilty they will only be punished once.

If they are found to be innocent they will not

be punished.

Retrospective criminal laws (section 27)

A person has the right not to be prosecuted

or punished for things that were not criminal

offences at the time they were committed.

9249 4000

info@brimbank.vic.gov.au

PO Box 70, Sunshine, VIC 3020

• TTY dial

133 677

• Speak & Listen

1300 555 727

•

www.relayservice.gov.au

, then enter

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