Right to take part in public life

What the Act says

Section 23 of the Human Rights Act 2019 says that:

(1) Every person in Queensland has the right, and is to have the opportunity, without discrimination, to participate in the conduct of public affairs, directly or through freely chosen representatives.

(2) Every eligible person has the right, and is to have the opportunity, without discrimination –

(a) to vote and be elected at periodic State and local government elections that guarantee the free expression of the will of the electors; and

(b) to have access, on general terms of equality, to the public service and public office.

This right is based on Article 25 of the International Covenant on Civil and Political Rights, which Australia ratified in 1980.

Scope of the right

While everyone in Queensland has the right to take part in public life without discrimination, this does not provide a right to a specific outcome from participation.

The right to vote, be elected, and access public service roles is limited to eligible people. Eligibility is determined by factors such as Australian citizenship, age, where a person lives, and for prisoners, their length of sentence (see section 106 of the Electoral Act 1992).

The right to participate in public life may be limited, but only where it is reasonable and demonstrably justified in a free and democratic society based on human dignity, equality, and freedom.

What is participating in public affairs?

Public affairs includes the work and activities of governments in Queensland at state and local level.

Examples of participating in public affairs or public life include:

being a member of parliament
voting in elections or referendums
participating in community consultations with government
attending and asking questions at a local council meetings
engaging in public debate or dialogue with representatives, either individually or as part of an organisation.

Participation in public life is being involved in political affairs and processes and the workings of government. It does not include participation in community or social activities.

When this right could be relevant

A person’s right to take part in public life is relevant when laws, policies, actions, or decisions:

limit people’s ability to take part in State or local government elections

impose conditions for eligibility to vote or run for office

regulate how people vote (for example, voting methods)

restrict access to employment in the public service or appointment to public office

establish requirements for membership of public bodies

regulate the conduct of elections and the electoral processes

govern the operation and conduct of local government

regulate the suspension and removal of statutory office holders

set rules for electoral processes, such as funding for political parties or drawing electoral boundaries

affect communication of information and ideas about public and political issues.

Case examples

Search cases

Council ban limited right to participate in public life (Victoria)

A resident and ratepayer had been an active member of the community for many years. He had been diagnosed with medical conditions including bipolar disorder, attention deficit hyperactive disorder, post-traumatic stress disorder, an acquired brain injury, and a hearing impairment.

After making thousands of complaints to the local Council, some of which were insulting and used offensive language, the Council prohibited him from entering any council-owned, occupied, or managed buildings. This prevented the man from participating in public Council meetings.

At a tribunal hearing, the man successfully argued that the Council’s actions limited his right to participate in public life on a discriminatory basis (his impairment), and the tribunal found that the Council had less restrictive options available to deal with the problem.

(Slattery v Manningham CC (Human Rights) [2013] VCAT 1869)

This information is not intended to be a substitute for legal advice.