Right to liberty and security of person
Section 21 of the Charter of Human Rights and Responsibilities (the Charter) protects your right to liberty and security. It means you cannot be arrested or detained, unless it’s allowed by the law. The Charter applies to public authorities in Victoria, such as state and local government departments and agencies, and people delivering services on behalf of the government.
How does the law protect me?
Every Victorian has the right to be free and safe. Under the Charter, you have the right to liberty and security. You cannot be detained or arrested, except in situations allowed by the law.
If you are arrested or detained lawfully, you must be told why it is happening and what charges are being brought against you. In such situations, you need to be brought to trial as quickly as possible, and you may be released if there are unnecessary delays. You can ask the court or tribunal to explain why your detention is lawful.
If you are awaiting a trial, you cannot automatically be detained – but you may be required to provide a guarantee that you’ll appear at the trial or another hearing.
Can this right be limited in any way?
In some circumstances, one person’s right may come into conflict with the right of another person or group. In these circumstances, it can be necessary to limit or restrict these rights. Under section 7(2) of the Charter, rights may be limited in certain circumstances, but it must be reasonable, necessary, justified and proportionate.
How we can help
We can give you information about Victoria’s Charter of Human Rights and Responsibilities but the Victorian Equal Opportunity and Human Rights Commission does not handle complaints related to the Charter.
If you would like more information about the Charter and your rights contact us.
For information about the legal history of this right, case law or Australia’s human rights framework, you can read more in our Policy and Legal sections of this website.
How to make a human rights complaint
If you think your human rights have been breached, you should contact the Victorian Ombudsman.
If you want to make a complaint about police conduct, contact the Independent Broad-based Anti-corruption Commission.