What is the Human Rights Act?
The Human Rights Act 2019 protects the rights of everyone in Queensland, regardless of residency, citizenship or visa status. It applies to acts and decisions made by public entities in Queensland, from 1 January 2020 onwards.
The Act requires Queensland public sector organisations – including Queensland Government departments, local councils, public schools, public hospitals and organisations and businesses providing public services on behalf of the Queensland Government – to act and make decisions that are compatible with the human rights protected under the Act. Businesses and organisations providing services and supports in Queensland under the National Disability Insurance Scheme are also covered by the Act.
Federal government agencies (including Centrelink and Medicare), and other organisations and businesses providing public services on their behalf, are not required to comply with the Act.
The Act protects:
- 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 (rights of access to education and health services)
- one right from the Universal Declaration of Human Rights (property rights)
- explicit protection of the cultural rights of Aboriginal peoples and Torres Strait Islander peoples.
To learn more:
How does the Act work?
The Act requires Queensland public sector organisations to consider human rights.
Parliament
Parliament must assess the human rights impact of new laws. All new bills must include a statement of compatibility with human rights. Portfolio committees must also examine proposed laws and report on any incompatibility with human rights.
Parliament retains the power to pass laws that are incompatible with human rights, however, the Act states that it will do so only 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, where possible, and can consider international law when doing so. If a law cannot be interpreted compatibly, courts may issue a declaration of incompatibility, which alerts Parliament to the issue but does not invalidate the law.
Public entities
Public entities, described below, must:
- consider human rights when making decisions
- act compatibly with human rights
- make decisions that are compatible with human rights.
Public entities can act and make decisions that limit human rights, but only if the limitation is reasonable and justifiable, or if they are required by another law to act in a certain way.
Learn more about justification and other obligations on public entities to respect human rights.
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.