Certain Children v Minister for Families and Children51 VR 473
Administrative law — Judicial review — Habeas corpus — Certiorari — Validity of Orders in Council — Improper or extraneous purpose — Failure to take into account relevant considerations — Power to establish centres for detention of young persons — Use of power to establish remand centre and youth justice centre within adult jail for the purpose of ‘emergency accommodation’ — Children, Youth and Families Act 2005 (Vic) ss 478, 482, 484
Human rights — Charter of Human Rights and Responsibilities — Children — Protection from cruel, inhuman or degrading treatment — Protection of child in their best interests – Humane treatment when deprived of liberty — Public authorities — Obligation to give proper consideration to human rights — Effect of failure to give proper consideration — Declarations — Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 10(b), 17(1), (2), 22(1), 38(1)