Right to liberty and security of person

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.

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.

We can give you information about Victoria’s Charter of Human Rights and Responsibilities but we do not handle complaints related to the Charter.

If you would like more information about the Charter and your rights, please 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 our website.

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.