Infringement of Peoples Human Rights Essay


The Australian legislature has gone through significant transformations in the off by the amendment of the Victorian of 1986 on the fronts of road safety. The amendments took effect in July 2006 and have trigged much ballyhoo emanating from concerns from some quarters and the general public that the laws facilitate a direct violation of the citizens human rights. Others are arguing that the laws are drafted to for the welfares of the citizens they have been hatched in the object of fostering civic road safety responsibility and thus contributing to the democratisation of the Australian society.

The amended legislation gives the police force the power to seize motor vehicles as well as impound the vehicles in cases when a potential crime by a driver is detected. In this case the vehicle can be detained for 48 hours (AAA, 2006). On the other clause of the legislation the police force are given the leeway to apply for to the court for an order to validate the impoundment of the vehicle for three months in cases where the drive has been prosecuted before for related offenses. Perhaps the perceivable extreme of the legislation is the clause that authorizes the total forfeiture of the vehicle in cases where the driver faces a related offense for the third time

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This paper takes a significant thrust at exploring the dynamics of the relationship between the effecting of the Laws and the in The Charter of Human Rights and Responsibilities Act that spells out the essence of the protection citizens in the presumptions of their innocence as well as their property rights.

The sticking issues around the legislature pit various stakeholders and those also argue from human rights perspective. Feather, M. (2005) notes, The point of divergence is characterised by the perceptions that the legislature gives the police force too much power over the peoples properties which culminates in the violation of the violation of the peoples rights. The other dimension presents the argument that the laws are meant for the well being of the pepole articulating that the legislation is in fact designed for the protection of the civil rights of the people on the road. This is a contentious matter as can be deduced from the conceptualisation of the presented arguments.


In presenting the point of balance that the road safety authorities are attempting to strike it is worthwhile to consider some the background and the the promulgation of the laws as well the amendment of the Victorian Laws on road safety. The Background information for Australias delegates to the UN for Road Safety (2007) details that five people die and 60 get critically injured on Australian roads on a daily basis. According to the report the year 2006 alone saw the death of 1,603 lives on the countrys roads with some 22 0000 admitted to hospitals having incurred serious injuries resulting from road crashes. The report also enlists that road crashes in Australia are approximated to cost at $17 billion on a yearly basis which translates to a figure of $46 million on daily basis equivalent to 2.3% of the countrys GDP.

According to the Victoria Police web resource the Victorian Police have impounded an average of 10 cars on daily basis since the bringing into effect of the anti-hoon laws by the State Government in June 2006. The resource enlists that other offences and crimes related the hoon antics include doughnuts, burnouts, drag racing and the pattern of repeated driving while disqualified as well as high level speeding. The determination of the offences is contained in the section 84C of the Road Safety Act of 1986.

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