Human Rights Act 2019 (Qld)

Human Rights Act 2019

An Act to respect, protect and promote human rights

Preamble— In enacting this Act, the Parliament of Queensland recognises— 1 The inherent dignity and worth of all human beings. 2 The equal and inalienable human rights of all human beings. 3 Human rights are essential in a democratic and inclusive society that respects the rule of law. 4 Human rights must be exercised in a way that respects the human rights and dignity of others. 5 Human rights should be limited only after careful consideration, and should only be limited in a way that can be justified in a free and democratic society based on human dignity, equality, freedom and the rule of law. 6 Although human rights belong to all individuals, human rights have a special importance for the Aboriginal peoples and Torres Strait Islander peoples of Queensland, as Australia's first people, with their distinctive and diverse spiritual, material and economic relationship with the lands, territories, waters, coastal seas and other resources with which they have a connection under Aboriginal tradition and Ailan Kastom. Of particular significance to Aboriginal peoples and Torres Strait Islander peoples of Queensland is the right to self-determination.

Part 1 Preliminary

Division 1 Introduction

1 Short title This Act may be cited as the Human Rights Act 2019.

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

3 Main objects of Act The main objects of this Act are— (a) to protect and promote human rights; and (b) to help build a culture in the Queensland public sector that respects and promotes human rights; and (c) to help promote a dialogue about the nature, meaning and scope of human rights.

4 How main objects are primarily achieved The main objects are to be achieved primarily by— (a) stating the human rights Parliament specifically seeks to protect and promote; and (b) requiring public entities to act and make decisions in a way compatible with human rights; and (c) requiring statements of compatibility with human rights to be tabled in the Legislative Assembly for all Bills introduced in the Assembly; and (d) 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 (e) providing for Parliament, in exceptional circumstances, to override the application of this Act to a statutory provision; and (f) 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 (g) conferring jurisdiction on the Supreme Court to declare that a statutory provision can not be interpreted in a way compatible with human rights; and (h) providing for a Minister and a portfolio committee to report to the Legislative Assembly about declarations of incompatibility; and (i) providing for how to resolve human rights complaints; and (j) 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.