Human Rights Webinar

The Human Rights Act 2019 commenced in its entirety in Queensland on 1 January 2020 and forms part of the administrative law obligations and oversight mechanisms that hold the government to account.

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

https://www.legislation.qld.gov.au/view/pdf/asmade/act-2019-005

Queensland, although all other states have independent legislation.

The Act protects 23 fundamental human rights and freedoms, including:

Civil and Political Rights:

• Recognition and equality before the law
• Protection from torture and cruel, inhuman or degrading treatment
• Freedom of movement
• Freedom of expression
• Taking part in public life
• Privacy and reputation
• Cultural rights – generally
• Right to liberty and security of person
• Fair hearing Children in the criminal process
• Retrospective criminal laws
• Right to life
• Freedom from forced work
• Freedom of thought, conscience, religion and belief
• Peaceful assembly and freedom of association
• Property rights
• Protection of families and children
• Cultural rights of Aboriginal and Torres Strait Islander peoples
• Humane treatment when deprived of liberty
• Rights in criminal proceedings
• Right not to be tried or punished more than once

Economic, social and cultural rights

• Right to education
• Right to health services

• Core public entities that are considered public entities are usually government entities.
• Functional public entities are only considered public entities when they are performing a function of a public nature on behalf of the state.
• So organisations funded by the government to provide public services would fall under this category.
• Functional public entities could be non-government organisations, private companies or government-owned corporations.

• A private company funded to run a prison, or an NGO providing a public housing service, would be considered a functional public entity.
• So for most organisations that are funded by the Queensland government, these could be considered a Functional Public entity under the act.

Read more or contact QIP Certifications for tailored answers on 1300 089 981

Learn more through the fact sheet

The department has directed certification bodies to only raise opportunities for improvement on the changes until 30 June 2020 and then from 1 July 2020. Our auditors will be able to raise non-conformance on all Version 6 inclusive of Human Rights Act 2019 changes.

The Act will take effect in two stages:

1. The first stage will rename the Anti-Discrimination Commission of Queensland the Queensland Human Rights Commission and the educative functions of the Commission will start (expected to be from 1 July 2019).
2. The second stage will be the commencement of the complaints processes (expected to be from 1 January 2020).

The Act will be reviewed within four years of commencing, and then after a further four years.

In the version 6 update, Disabilities, child protection, DFV and QCSS have additional changes. There are no extra changes to young people and individuals. Learn more through the Human Services Quality Framework – Certification User Guide, Version Control Register and Log of Changes, Version 6.0 – 1 January 2020.

QIP certifications

P: 1300 089 981 E: info@qipcertifcations.com.au

Queensland Advocacy Incorporated

P: (07) 3844 4200

Legal Aid Queensland

P: 1300 65 11 88

Community Legal Centres Queensland

p: (07) 3392 0092 (referrals to relevant Community Legal Centres)

Queensland Human Rights Commission

P: 1300 130 670 (referrals to relevant advocacy services)