About the Human Rights Act

What is the Human Rights Act?

The Human Rights Act 2019 seeks to protect the rights of everyone in Queensland, regardless of residency, citizenship, or visa status.

Under Queensland law, 23 rights are protected including:

civil and political rights drawn from the International Covenant on Civil and Political Rights
two rights drawn from the International Covenant on Economic, Social and Cultural Rights
one right from the Universal Declaration of Human Rights (right to property)

The Act also explicitly protects the cultural rights of Aboriginal peoples and Torres Strait Islander peoples.

To learn more:

How does the Act work?

Parliament

The Act requires that parliament consider the human rights impact of proposed new laws (called Bills). All new Bills must be tabled in parliament with a statement of compatibility with human rights. This statement details whether the Bill is compatible with human rights including how it is compatible.

Parliamentary committees, who are tasked with examining Bills, must report to parliament about the statement of compatibility and whether the Bill is compatible with human rights.

Parliament retains the power to pass laws that are incompatible with human rights by overriding the Human Rights Act. However, an override is only permitted in exceptional circumstances such as war or a state of emergency.

Courts and tribunals

Courts and tribunals must interpret laws in a way that is compatible with human rights. If a law cannot be interpreted compatibly, courts may issue a declaration of incompatibility. This does not invalidate the law, but the declaration must be tabled in parliament, and triggers discussion of the law by a portfolio committee and parliament.

Public entities

The Act requires public entities to:

consider human rights when making decisions
act and make decisions compatibly with human rights.

An action or decision will be compatible with human rights if limits on human rights are reasonable and justifiable.

Learn more about compatibility and public entities’ obligations to respect human rights.

What is a public entity?

A public entity is an organisation or body performing a public function in and for Queensland. There are 3 types of public entities:

Core public entities include Queensland Government departments and agencies, public service employees, the Queensland Police Service and other emergency services, State Government Ministers, public schools, public hospitals, and local councils and their employees.

Functional public entities include organisations that perform public functions on behalf of the Queensland Government, such as non-government organisations funded to provide public services, private companies running public facilities, or registered National Disability Insurance Scheme (NDIS) providers when delivering services or support to clients in Queensland.

Voluntary public entities include organisations that have requested and have been declared by the Attorney-General to be a public entity.

Making a complaint

If you believe a public entity has unjustifiably limited your human rights, you may be able to make a complaint.

Step 1: First, make a complaint directly to the relevant government department or service.

Step 2: If you don’t receive a response within 45 business days, or if you’re not satisfied with the response, you can lodge a complaint with the Queensland Human Rights Commission.