Human Rights Act 2019

This Act may be cited as the Human Rights Act 2019.

This Act commences on a day to be fixed by proclamation.

The main objects of this Act are—

to protect and promote human rights; and

to help build a culture in the Queensland public sector that respects and promotes human rights; and

to help promote a dialogue about the nature, meaning and scope of human rights.

The main objects are to be achieved primarily by—

stating the human rights Parliament specifically seeks to protect and promote; and

requiring public entities to act and make decisions in a way compatible with human rights; and

requiring statements of compatibility with human rights to be tabled in the Legislative Assembly for all Bills introduced in the Assembly; and

providing for a portfolio committee responsible for examining a Bill introduced in the Legislative Assembly to consider whether the Bill is compatible with human rights; and

providing for Parliament, in exceptional circumstances, to override the application of this Act to a statutory provision; and

requiring courts and tribunals to interpret statutory provisions, to the extent possible that is consistent with their purpose, in a way compatible with human rights; and

conferring jurisdiction on the Supreme Court to declare that a statutory provision can not be interpreted in a way compatible with human rights; and

providing for a Minister and a portfolio committee to report to the Legislative Assembly about declarations of incompatibility; and

providing for how to resolve human rights complaints; and

providing for the Queensland Human Rights Commission to carry out particular functions under this Act, including, for example, to promote an understanding and acceptance of human rights and this Act in Queensland.

This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

This Act applies to—

a court or tribunal, to the extent the court or tribunal has functions under part 2 and part 3, division 3; and

the Parliament, to the extent the Parliament has functions under part 3, divisions 1, 2 and 3; and

a public entity, to the extent the public entity has functions under part 3, division 4.

Subsection (2) does not limit or otherwise affect—

another function conferred by this Act on an entity mentioned in the subsection; or

a function conferred by this Act on any other entity.

Nothing in this Act makes the State liable to be prosecuted for an offence.

The dictionary in schedule 1 defines particular words used in this Act.

Human rights means the rights stated in part 2, divisions 2 and 3.

An act, decision or statutory provision is compatible with human rights if the act, decision or provision—

does not limit a human right; or

limits a human right only to the extent that is reasonable and demonstrably justifiable in accordance with section 13.

Each of the following entities is a public entity—

a government entity within the meaning of the Public Sector Act 2022, section 276;

a public service employee;

the Queensland Police Service;

a local government, a councillor of a local government or a local government employee;

a Minister;

an entity established under an Act when the entity is performing functions of a public nature;

a member of a portfolio committee when the committee is acting in an administrative capacity;

an entity whose functions are, or include, functions of a public nature when it is performing the functions for the State or a public entity (whether under contract or otherwise);Example of an entity not performing functions of a public nature for the State—

A non-State school is not a public entity merely because it performs functions of a public nature in educating students because it is not doing so for the State.

a person, not otherwise mentioned in paragraphs (a) to (h), who is a staff member or executive officer (however called) of a public entity;

an entity prescribed by regulation to be a public entity.

A public entity includes—

a registered provider when the provider is performing functions of a public nature in the State; and

a non-State police officer, under the Police Service Administration Act 1990, section 5.17, while the officer—

is appointed as a special constable under section 5.16(1) of that Act; or

is authorised under section 5.17(2) of that Act to exercise the powers of a police officer; or

is exercising a power under another law of the State.

Also, a public entity includes an entity for which a declaration is in force under section 60.

However, a public entity does not include—

the Legislative Assembly or a person performing functions in connection with proceedings in the Assembly, except when acting in an administrative capacity; or

a court or tribunal, except when acting in an administrative capacity; or

an entity prescribed by regulation not to be a public entity.

In this section—

entity means an entity in and for Queensland.

registered provider means a registered provider of supports or a registered NDIS provider under the National Disability Insurance Scheme Act 2013 (Cwlth).

In deciding whether a function of an entity is of a public nature for this Act, any of the following matters may be considered—

whether the function is conferred on the entity under a statutory provision;

whether the function is connected to or generally identified with functions of government;

whether the function is of a regulatory nature;

whether the entity is publicly funded to perform the function;

whether the entity is a government owned corporation.

Subsection (1) does not limit the matters that may be considered in deciding whether a function is of a public nature.

Without limiting subsection (1) or (2), the following functions are of a public nature—

the operation of a corrective services facility under the Corrective Services Act 2006 or another place of detention;

the provision of any of the following—

emergency services;

public health services;

public disability services;

public education, including public tertiary education and public vocational education;

public transport;

a housing service by a funded provider or the State under the Housing Act 2003.

All individuals in Queensland have human rights.

Only individuals have human rights.

Note—

A corporation does not have human rights.

A right or freedom not included, or only partly included, in this Act that arises or is recognised under another law must not be taken to be abrogated or limited only because the right or freedom is not included in this Act or is only partly included. Examples of another law—

• the Commonwealth Constitution

• a law of the Commonwealth

• the common law

• rights under the International Covenant on Civil and Political Rights not stated in this Act

• rights under the Universal Declaration of Human Rights not stated in this Act

• rights under other international conventions

• other international laws