Unfortunately, the state of Queensland has a background of big brother style governments from both sides of politics. Until now, there was only a mishmash of legislation to protect the rights of citizens under the Common Law. The introduction of Queensland’s Human Rights Act ensures freedom of speech, safety, privacy and equality.
Queensland Human Rights Bill 2018, which was passed through parliament on Wednesday 27th February, includes protections for 23 human rights and provides comprehensive protection of existing rights currently defended by case law.
Amnesty International welcomes the laws and has been campaigning for a Human Rights Act in Queensland, and across Australia nationally, for several years. Australia remains the only democratic country in the world where citizens are not protected by a national Human Rights Act. Despite Queensland taking the significant step of becoming the third state in the country (after the ACT and Victoria) to introduce and pass a Human Rights Act, we still have work to do.
What does Human Rights Bill 2018 do
Human Rights Bill 2018 includes a number of changes that will enhance the rights of Queenslanders under the law. Firstly, the Anti-Discrimination Commission will become the Queensland Human Rights Commission and will be the body that takes complaints regarding the Human Rights Act from the public. Under this system, criminal proceedings would not result from breaches of the Human Rights Act, instead, complainants would be able to take their case directly to the Human Rights Commission for remedy or mediation. Additionally, a right to sue is not provided under the new laws unless it is sought under existing laws.
Dan Rogers from Caxton Legal told the ABC that the new laws are not a silver bullet, “but would enhance a broad spectrum of individual rights”.
“The experience in Victoria and the ACT — who have had similar pieces of legislation for over a decade now — has been really positive in terms of a better culture around human rights” .
“When government departments deliver services, they’re more likely to comply with our fundamental human rights”.
The ACT and Victoria have had a similar act in place for over a decade and their experience has been really positive in terms of the better human rights culture the legislation helped to create.
What is Protected under the law
The act is designed to improve the protection and privacy of individuals and their interactions with government departments like corrective services, police and even local councils. It protects 23 human rights:
- Recognition and equality before the law
- Right to life
- Protection from torture and cruel, inhuman or degrading treatment
- Freedom from forced work
- Freedom of movement
- Freedom of thought, conscience, religion and belief
- Freedom of expression
- Peaceful assembly and freedom of association
- Taking part in public life
- Property rights
- Privacy and reputation
- Protection of families and children
- Cultural rights—generally
- Cultural rights—Aboriginal people and Torres Strait Islanders
- Right to liberty and security of person
- Humane treatment when deprived of liberty
- Fair hearing
- Rights in criminal proceedings
- Children in the criminal process
- Right not to be tried or punished more than once
- Retrospective criminal laws
- Right to education
- Right to health services
What’s wrong with existing laws
Some people within the legal sector see the Human Rights Act as unnecessary, arguing that current laws and previous case law already offer sufficient protection. However, a clear declaration of rights offers a more robust commitment to human rights. Rogers discussed the criticisms of the bill with the ABC:
“Some people think it will give too much power to an unelected judge … but Queensland’s Human Rights Act will not allow judges to strike down laws or create laws — it will simply require judges to interpret laws that exist that are compatible with human rights”.
“If for example a Queensland judge identified an incompatibility between a law that existed and a human right, the Supreme Court judge can’t strike down that law but they can issue what’s called a Declaration of Incompatibility — which is basically an advice to the Parliament that there’s something that’s incompatible and then Parliament can decide if they want to do something about it or not.”
On the other hand, Queensland needed to improve the protection of our basic rights and that is what the Human Rights Act does.
Learn more
- Human Rights Bill 2018 – The Government of Queensland
- Queenslanders will soon be protected under a Human Rights Act. Here’s what that means for you – ABC News
- Queenslanders’ human rights to be enshrined in law – Brisbane Times
- New human rights law for Queensland – Illawara Mercury
- History made as Queensland passes Human Rights Bill – myGC
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