The Human Rights Act 2019 commences in full on January 1, 2020. The Act protects 23 Human Rights. Public entities must uphold these rights when they make decisions, create laws, set policies and provide services.
The main objects of the Act are 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.
The Act aims to ensure that public powers and functions are exercised in a principled way and that public power is not misused. The Act compliments a number of other pieces of legislation that are aimed at regulating the relationship between individuals and the state, such as the Anti-Discrimination Act 1991; the Judicial Review Act 1991; the Ombudsman Act 2001; the Crime and Corruption Act 2001; the Right to Information Act 2009; and the Information Privacy Act 2009.
Under the Human Rights Act 2019 when individuals believe a public entity has breached their human rights obligations they have the right to complain and seek remedies. There are a number of different ways that people can complain and seek a remedy in relation to their human rights under the Act. This includes:
• internal complaints;
• independent complaints; and
• raising the Act in courts and tribunals.
Under the Human Rights Act an individual must first raise a complaint directly with a public entity. Once 45 business days have elapsed the person may refer the matter to the Queensland Human Rights Commission if the complaint has not been responded to or the person is not satisfied with the response.
For more information about your rights or how to make a complaint that falls under the Human Rights Act 2019 click here https://www.qhrc.qld.gov.au/