Victorian Current Acts

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES ACT 2006 - SECT 33

    (1)     If, in a proceeding before a court or tribunal, a question of law arises that relates to the application of this Charter or a question arises with respect to the interpretation of a statutory provision in accordance with this Charter, that question may be referred to the Supreme Court if—

        (a)     a party has made an application for referral; and

        (b)     the court or tribunal considers that the question is appropriate for determination by the Supreme Court.

    (2)     If a question has been referred to the Supreme Court under subsection (1), the court or tribunal referring the question must not—

        (a)     make a determination to which the question is relevant while the referral is pending; or

        (b)     proceed in a manner or make a determination that is inconsistent with the opinion of the Supreme Court on the question.

S. 33(3) amended by No. 68/2009 s. 97(Sch. item 18.3).

    (3)     If a question is referred under subsection (1) by the Trial Division of the Supreme Court or by the County Court, the referral is to be made to the Court of Appeal.

    (4)     Despite anything contained in any other Act, if a question arises of a kind referred to in subsection (1), that question may only be referred to the Supreme Court in accordance with this section.