What the Act says
This right is based on Article 12 of the International Covenant on Civil and Political Rights, which Australia ratified in 1980.
Scope of the right
The right to freedom of movement means public entities cannot unduly restrict a person’s ability to:
- move or travel around Queensland
- enter or leave Queensland, or
- choose where to live.
However, it does not require government to actively promote freedom of movement, such as providing free public transport.
The right applies only to people lawfully within Queensland. For example, it does not apply to individuals who have overstayed their visa or entered Queensland in breach of legal restrictions from another state.
Freedom of movement can be limited by acts and decisions of government and public entities where the limitation is reasonable and demonstrably justified in a free and democratic society based on human dignity, equality and freedom.
Learn more about justification and other obligations on public entities to respect human rights.
Case examples
Court orders a planned sit-in protest to be cancelled
The Attorney-General made an application to prevent a sit-in protest on the Story Bridge, a major traffic route in Brisbane, Queensland while social-distancing restrictions were in place because of the COVID-19 pandemic.
The Court looked at several rights including freedom of movement, the right to peaceful assembly, and the right to freedom of expression. The Court had to weigh up the rights of the protesters compared with the rights of the broader public, including both the protesters’ and the public’s right to freedom of movement.
The Court decided that the rights of the broader community outweighed the rights of the protesters and granted an order to stop the protest. The Court noted that this decision was specific to this particular protest and the decision for other protests might be different.
Attorney-General for the State of Queensland v Sri & Ors [2020] QSC 246 (8 August 2020)
Interim order for guardian for accommodation decisions justified
An 87-year-old woman with severe dementia was ready for discharge from a long stay admission to a Queensland hospital. The woman had appointed her son as enduring power of attorney. However, a social worker applied for an interim guardianship order over concerns that the family’s accommodation plans for the woman would cause her pain and stress.
While the interim appointment for accommodation decisions would limit the woman’s right to freedom of movement, as well as privacy and fair hearing, the tribunal considered the appointment on a short-term basis was justified because there was an immediate risk of harm to the woman’s welfare, and a full hearing of the application would occur in less than 3 months.
EB [2021] QCAT 434 (7 December 2021)
Landlord able to end a fixed term tenancy agreement
A landlord applied to the Queensland Civil and Administrative Tribunal following the expiration of a fixed-term tenancy agreement for a termination order and warrant of possession. The tribunal found that limits on the tenant’s right to freedom of movement were permissible having regard to the rights of the landlord, the contractual agreement between the parties, and giving effect to legislation regulating the end of fixed term residential tenancy agreements.
Vanilla Rentals v Tenant [2023] QCAT 519 (7 November 2023)
This information is not intended to be a substitute for legal advice.