Queensland Human Rights Act 2019: Marking the 1st Anniversary of the Act
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Author: David Royston-Jennings, Regional Risk Coordinator, LGMS
Eleanor Roosevelt once said that human rights begin ‘in small places close to home’ and that ‘unless these rights have meaning there, they have little meaning anywhere’. As the level of government closest to the people it represents, councils are in a unique position to promote and protect human rights.
In Queensland, the State Government’s vision is for a modern, fair and responsive Queensland where we respect, protect and promote human rights. As such, the Queensland Government passed the Human Rights Act 2019, which aims to:
• protect and promote human rights;
• help build a culture in the Queensland public sector that respects and promotes human rights; and
• help promote a dialogue about the nature, meaning and scope of human rights.
This piece of legislation commenced in its entirety on 1 January 2020 and forms part of the administrative law obligations and oversight mechanisms that hold government to account, including councils across Queensland. The Act states that public entities, which includes local governments, have to act compatibly with human rights and give proper consideration to human rights when making decisions.
At a high level, there are compliance and reputational risks to council should they not adhere to the Act, which can result in complaints or ultimately claims being made against the organisation.
The Queensland Human Rights Commission (previously Anti-Discrimination Commission Queensland) are the lead agency regarding human rights in Queensland, as an independent statutory body established under the Anti-Discrimination Act 1991 (Qld). The Commission support businesses, state and local government, the community sector and individuals through the state by resolving human rights complaints, delivering training on human rights, and promoting public discussion on human rights.
The Commission provides a range of useful tools and resources to assist all public sector entities on their journey of developing and promoting a human rights culture within their organisation, which are available on their website here.
The QHRC’s Guide for Public Sector Entities is a notable source of information which could be of assistance to council’s, as it provides a detailed list of activities that organisations can do to grow a human rights culture.
It is anticipated that a QHRC representative will be presenting at the LGRMFG meeting in March 2021, which will give member council’s the opportunity to receive advice on and discuss how best to develop and enhance human rights cultures within their organisation.