Aboriginal and Torres Strait Islander peoples are advised that this webpage contains sensitive material. This content may be distressing and may bring up sadness, grief, or trauma. We encourage readers to take care when engaging with this information and to seek support if needed.
Your rights, our support
Everyone deserves to live with dignity, respect and equality. This guide is for Aboriginal peoples and Torres Strait Islander peoples and their advocates in Queensland. If you, or someone you know, needs help protecting your human rights or dealing with discrimination, harassment or vilification, this resource is here to guide you.
If you need more information or assistance, please contact us.
Human rights
Human rights are for everyone. Queensland protects human rights by law through the Human Rights Act 2019. These rights apply to all people in Queensland, regardless of where you’re from, your citizenship or visa status.
How the Human Rights Act protects you
The Human Rights Act 2019 (the Act) requires public entities in Queensland to consider your human rights when making or taking actions that affect you.
Public entities include:
- Queensland Government departments and agencies (including the police, state schools, public hospitals, child safety, and prisons)
- local councils
- organisations providing services on behalf of the government, such as social housing providers or NDIS services.
Private businesses, private schools and health services, and federal government agencies (including Centrelink and Medicare) are not bound by the Act.
The Act applies to decisions made after 1 January 2020 and does not apply to complaints about actions or decisions that happened before this date.
Public entities can only limit your rights if it is necessary to achieve an important purpose and must be done in the least restrictive way possible.
Learn more about public entities under the Human Rights Act 2019.
Cultural rights for Aboriginal and Torres Strait Islander peoples
The Human Rights Act 2019 recognises the distinct cultural rights of Aboriginal peoples and Torres Strait Islander peoples to:
- enjoy, maintain, control, protect and develop their identity and cultural heritage, including their traditional knowledge, distinctive spiritual practices, observations, beliefs and teachings
- enjoy, maintain, control, protect, develop and use their language, including traditional cultural expressions
- enjoy, maintain, control, protect and develop their kinship ties
- maintain and strengthen their distinctive spiritual, material and economic relationships with land, territories, waters, coastal seas and other resources connected to traditional laws and customs
- conserve and protect the environment and productive capacity of their land, territories, waters, coastal seas and other resources
- have the right not to be subjected to forced assimilation or destruction of their culture
For example: The Land Court granted a request that evidence from Aboriginal peoples and Torres Strait Islander peoples be taken on Country. The alternative, taking evidence through written statements, would limit the witnesses’ ability to enjoy and maintain their cultural heritage, specifically the way traditional knowledge was imparted. The increased inconvenience and cost of litigation did not justify the limitation of human rights.
Learn more about cultural rights.
Recognition and equality before the law
You are entitled to the same rights as everyone else. No one should face discrimination due to their race, language, disability, or other protected attribute.
For example: Under past laws, Aboriginal peoples and Torres Strait Islander peoples were denied basic freedoms, like moving freely, marrying without permission, or being paid fairly for work. Such laws violated the right to recognition and equality before the law.
Learn more about recognition and equality rights.
Protection of families and children
Families have the right to stay together, and children deserve special protection to ensure they are cared for and remain connected to their family and community. This means that public entities, like Child Safety, must consider the rights of families and the best interests of children when making decisions.
For example: If a child is removed from their family, there should be efforts to prioritise kinship care, so Aboriginal and Torres Strait Islander children remain connected to their family and culture.
Learn more about family and children’s rights.
Right to health services
Everyone has the right to access health services without discrimination, including emergency medical care to save their life or prevent serious harm to their health. If someone is denied access to health services because they are Aboriginal peoples and Torres Strait Islander peoples, this could be considered discrimination and is unlawful.
For example: A Torres Strait Islander man collapsed on the street and was taken to the hospital with symptoms of a stroke. Instead of being examined, he was sent home without tests because staff assumed he was intoxicated. The hospital acted in a discriminatory way.
Learn more about the right to access health services.
Right to education
All children have the right to access quality education and training that supports their development and prepares them for work.
For example: Two girls skipped class and were disciplined. Despite having similar academic records and behaviour, the Aboriginal student was suspended while her non-Indigenous friend was only given a warning. This unfair treatment could be considered discrimination under the law.
Learn more about education rights.
Discrimination and vilification
The Anti-Discrimination Act 1991 is Queensland’s law that protects you from discrimination, sexual harassment, vilification, victimisation and other offensive behaviour.
Have you ever experienced any of the following?
- Comments about your race during a job interview.
- Being denied rental housing because you are an Aboriginal person or Torres Strait Islander person.
- Racist remarks, slogans or images in public places.
These types of behaviour are forms of discrimination or vilification. They are harmful and unlawful.
What is discrimination?
Discrimination occurs when someone is treated unfairly because of a personal characteristic, known as an attribute. In Queensland, it is against the law to discriminate on the basis of any of the following attributes.
- Sex work activity (from 2 August 2024) or lawful sexual activity as a sex worker (prior to 2 August 2024)
- Sex characteristics (from 29 April 2024)
Discrimination is unlawful in specific areas of public life, including:
- Work: Applying for a job, volunteering, or doing work experience.
- Education: Applying to or attending educational institutions.
- Accessing goods and services: Buying products, hiring tradespeople, or visiting doctor.
- Accommodation: Renting a home, staying in hotels, or accessing boarding houses, hostels or shelters.
- Superannuation or insurance: Establishing accounts or policies and accessing benefits.
- Disposition of land: Transferring interests in land
- Club memberships and affairs: Joining for-profit associations.
- Administration of state laws and programs: Being treated unfairly under Queensland Government laws and programs.
- Local government: Interactions between members.
Is it discrimination?
For something to be discrimination under the Act, it must meet the following criteria:
- Be based on one of the protected attributes (for example, race, gender identity).
- Take place in one of the specific areas of public life listed above.
- Result in you being treated unfairly compared to someone without the same attribute.
For example: A tribunal found comments made by a woman referring to her Aboriginal co-worker as ‘a blackfella’, and her refusal to work with him, was discrimination at work.
Find more examples of discrimination in our case studies.
When it’s not discrimination
In some circumstances, the law allows exemptions where discrimination is not unlawful. These include:
- Actions to benefit a particular group (for example, programs targeting Aboriginal and Torres Strait Islander communities).
- Efforts to promote equal opportunity.
- Measures to protect public health and safety.
- Genuine job requirements (for example, recruiting for identified roles to work with Traditional Owners).
Learn more about exemptions under the Anti-Discrimination Act 1991.
What is vilification?
Vilification occurs when someone publicly incites hatred, severe ridicule, or serious contempt for a person or a group based on race, religion, sexuality, gender identity, or sex characteristics.
Vilification is against the law in Queensland under the Anti-Discrimination Act 1991.
What counts as vilification?
- Public communication: Speaking, writing, printing, or displaying messages (for example, signs, posters, or social media).
- Public actions: Observable conduct, such as gestures, wearing offensive clothing, or displaying flags or symbols.
Such acts are unlawful. If there is a threat of physical harm, it is considered serious vilification, and a criminal offence that can be reported to the police.
Learn more about vilification, and for more examples read our vilification case studies.
What is sexual harassment?
Sexual harassment is an unwelcome behaviour of a sexual nature that is intended to offend, humiliate or intimidate someone, or where it is reasonable to expect the person might feel that way.
Sexual harassment can include:
- uninvited physical intimacy, such as touching in a sexual way
- uninvited sexual propositions
- remarks with sexual connotations
- sending unwanted explicit images or messages.
In some cases, sexual harassment, such as sexual assault can be a criminal offence and should be reported to police.
For example: Receiving unsolicited nude photos from a colleague via text message is sexual harassment and is against the law. Sexual harassment is unlawful in any setting, whether it occurs at work, in public or online.
Learn more about sexual harassment, and for more examples read our sexual harassment case studies.
Making a complaint
If your rights have been limited, or you’ve experienced discrimination, vilification, or harassment, you can make a complaint to the Queensland Human Rights Commission.
- Human rights complaints: Only apply to complaints about public entities (for example, state schools, public hospitals). You must first make a complaint to the organisation involved and allow 45 business days for a response before contacting us, unless there are exceptional circumstances.
- Discrimination complaints: Applies to specified areas of activity, which can include complaints against workplaces, private organisations and government bodies.
- Vilification and sexual harassment complaints: Are not limited to complaints against particular people or entities or to specified areas of activity.
The Commission will help resolve your complaint through conciliation, where all parties work together to reach a resolution. This could involve an apology, policy changes, staff training, or compensation.
Find out more about our complaints process.
We’re here to help
For further information and assistance, you can contact our dedicated First Nations Unit.
Others who may be able to help
Legal Aid Queensland (LAQ): Phone 1300 65 11 88 or visit www.legalaid.qld.gov.au
Community Legal Centres Qld: To find your nearest community legal centre, visit communitylegalqld.org.au/find-legal-help/find-centre/view-map
Aboriginal and Torres Strait Islander Legal Service (ATSILS): Phone 1800 012 255 (24 hrs, 7 days) or visit www.atsils.org.au
Queensland Indigenous Family Violence Legal Service (QIFVLS): Phone 1800 887 700 or visit www.qifvls.com.au