{"id":"qld:act-2019-005","name":"Human Rights Act 2019","slug":"human-rights-act-2019","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"5 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29609,"registerId":"qld-act-2019-005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Human Rights Act 2019 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main objects of Act","content":"### sec.3 Main objects of Act\n\nThe main objects of this Act are—\nto protect and promote human rights; and\nto help build a culture in the Queensland public sector that respects and promotes human rights; and\nto help promote a dialogue about the nature, meaning and scope of human rights.\n- (a) to protect and promote human rights; and\n- (b) to help build a culture in the Queensland public sector that respects and promotes human rights; and\n- (c) to help promote a dialogue about the nature, meaning and scope of human rights.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"How main objects are primarily achieved","content":"### sec.4 How main objects are primarily achieved\n\nThe main objects are to be achieved primarily by—\nstating the human rights Parliament specifically seeks to protect and promote; and\nrequiring public entities to act and make decisions in a way compatible with human rights; and\nrequiring statements of compatibility with human rights to be tabled in the Legislative Assembly for all Bills introduced in the Assembly; and\nproviding 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\nproviding for Parliament, in exceptional circumstances, to override the application of this Act to a statutory provision; and\nrequiring 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\nconferring jurisdiction on the Supreme Court to declare that a statutory provision can not be interpreted in a way compatible with human rights; and\nproviding for a Minister and a portfolio committee to report to the Legislative Assembly about declarations of incompatibility; and\nproviding for how to resolve human rights complaints; and\nproviding 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.\n- (a) stating the human rights Parliament specifically seeks to protect and promote; and\n- (b) requiring public entities to act and make decisions in a way compatible with human rights; and\n- (c) requiring statements of compatibility with human rights to be tabled in the Legislative Assembly for all Bills introduced in the Assembly; and\n- (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\n- (e) providing for Parliament, in exceptional circumstances, to override the application of this Act to a statutory provision; and\n- (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\n- (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\n- (h) providing for a Minister and a portfolio committee to report to the Legislative Assembly about declarations of incompatibility; and\n- (i) providing for how to resolve human rights complaints; and\n- (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.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nThis Act applies to—\na court or tribunal, to the extent the court or tribunal has functions under part 2 and part 3 , division 3 ; and\nthe Parliament, to the extent the Parliament has functions under part 3 , divisions 1 , 2 and 3 ; and\na public entity, to the extent the public entity has functions under part 3 , division 4 .\nSubsection (2) does not limit or otherwise affect—\nanother function conferred by this Act on an entity mentioned in the subsection; or\na function conferred by this Act on any other entity.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.5-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.5-ssec.2) This Act applies to— a court or tribunal, to the extent the court or tribunal has functions under part 2 and part 3 , division 3 ; and the Parliament, to the extent the Parliament has functions under part 3 , divisions 1 , 2 and 3 ; and a public entity, to the extent the public entity has functions under part 3 , division 4 .\n(sec.5-ssec.3) Subsection (2) does not limit or otherwise affect— another function conferred by this Act on an entity mentioned in the subsection; or a function conferred by this Act on any other entity.\n(sec.5-ssec.4) Nothing in this Act makes the State liable to be prosecuted for an offence.\n- (a) a court or tribunal, to the extent the court or tribunal has functions under part 2 and part 3 , division 3 ; and\n- (b) the Parliament, to the extent the Parliament has functions under part 3 , divisions 1 , 2 and 3 ; and\n- (c) a public entity, to the extent the public entity has functions under part 3 , division 4 .\n- (a) another function conferred by this Act on an entity mentioned in the subsection; or\n- (b) a function conferred by this Act on any other entity.","sortOrder":6},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of human rights","content":"### sec.7 Meaning of human rights\n\nHuman rights means the rights stated in part 2 , divisions 2 and 3 .","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of compatible with human rights","content":"### sec.8 Meaning of compatible with human rights\n\nAn act, decision or statutory provision is compatible with human rights if the act, decision or provision—\ndoes not limit a human right; or\nlimits a human right only to the extent that is reasonable and demonstrably justifiable in accordance with section 13 .\n- (a) does not limit a human right; or\n- (b) limits a human right only to the extent that is reasonable and demonstrably justifiable in accordance with section 13 .","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of public entity","content":"### sec.9 Meaning of public entity\n\nEach of the following entities is a public entity —\na government entity within the meaning of the Public Sector Act 2022 , section 276 ;\na public service employee;\nthe Queensland Police Service;\na local government, a councillor of a local government or a local government employee;\na Minister;\nan entity established under an Act when the entity is performing functions of a public nature;\na member of a portfolio committee when the committee is acting in an administrative capacity;\nan entity whose functions are, or include, functions of a public nature when it is performing the functions for the State or a public entity (whether under contract or otherwise);\nA non-State school is not a public entity merely because it performs functions of a public nature in educating students because it is not doing so for the State.\na person, not otherwise mentioned in paragraphs (a) to (h) , who is a staff member or executive officer (however called) of a public entity;\nan entity prescribed by regulation to be a public entity.\nA public entity includes—\na registered provider when the provider is performing functions of a public nature in the State; and\na non-State police officer, under the Police Service Administration Act 1990 , section 5.17 , while the officer—\nis appointed as a special constable under section 5.16 (1) of that Act; or\nis authorised under section 5.17 (2) of that Act to exercise the powers of a police officer; or\nis exercising a power under another law of the State.\nAlso, a public entity includes an entity for which a declaration is in force under section 60 .\nHowever, a public entity does not include—\nthe Legislative Assembly or a person performing functions in connection with proceedings in the Assembly, except when acting in an administrative capacity; or\na court or tribunal, except when acting in an administrative capacity; or\nan entity prescribed by regulation not to be a public entity.\nIn this section—\nentity means an entity in and for Queensland.\nregistered provider means a registered provider of supports or a registered NDIS provider under the National Disability Insurance Scheme Act 2013 (Cwlth) .\ns 9 amd 2022 No. 34 s 365 sch 3\n(sec.9-ssec.1) Each of the following entities is a public entity — a government entity within the meaning of the Public Sector Act 2022 , section 276 ; a public service employee; the Queensland Police Service; a local government, a councillor of a local government or a local government employee; a Minister; an entity established under an Act when the entity is performing functions of a public nature; a member of a portfolio committee when the committee is acting in an administrative capacity; an entity whose functions are, or include, functions of a public nature when it is performing the functions for the State or a public entity (whether under contract or otherwise); A non-State school is not a public entity merely because it performs functions of a public nature in educating students because it is not doing so for the State. a person, not otherwise mentioned in paragraphs (a) to (h) , who is a staff member or executive officer (however called) of a public entity; an entity prescribed by regulation to be a public entity.\n(sec.9-ssec.2) A public entity includes— a registered provider when the provider is performing functions of a public nature in the State; and a non-State police officer, under the Police Service Administration Act 1990 , section 5.17 , while the officer— is appointed as a special constable under section 5.16 (1) of that Act; or is authorised under section 5.17 (2) of that Act to exercise the powers of a police officer; or is exercising a power under another law of the State.\n(sec.9-ssec.3) Also, a public entity includes an entity for which a declaration is in force under section 60 .\n(sec.9-ssec.4) However, a public entity does not include— the Legislative Assembly or a person performing functions in connection with proceedings in the Assembly, except when acting in an administrative capacity; or a court or tribunal, except when acting in an administrative capacity; or an entity prescribed by regulation not to be a public entity.\n(sec.9-ssec.5) In this section— entity means an entity in and for Queensland. registered provider means a registered provider of supports or a registered NDIS provider under the National Disability Insurance Scheme Act 2013 (Cwlth) .\n- (a) a government entity within the meaning of the Public Sector Act 2022 , section 276 ;\n- (b) a public service employee;\n- (c) the Queensland Police Service;\n- (d) a local government, a councillor of a local government or a local government employee;\n- (e) a Minister;\n- (f) an entity established under an Act when the entity is performing functions of a public nature;\n- (g) a member of a portfolio committee when the committee is acting in an administrative capacity;\n- (h) an entity whose functions are, or include, functions of a public nature when it is performing the functions for the State or a public entity (whether under contract or otherwise); Example of an entity not performing functions of a public nature for the State— A non-State school is not a public entity merely because it performs functions of a public nature in educating students because it is not doing so for the State.\n- (i) a person, not otherwise mentioned in paragraphs (a) to (h) , who is a staff member or executive officer (however called) of a public entity;\n- (j) an entity prescribed by regulation to be a public entity.\n- (a) a registered provider when the provider is performing functions of a public nature in the State; and\n- (b) a non-State police officer, under the Police Service Administration Act 1990 , section 5.17 , while the officer— (i) is appointed as a special constable under section 5.16 (1) of that Act; or (ii) is authorised under section 5.17 (2) of that Act to exercise the powers of a police officer; or (iii) is exercising a power under another law of the State.\n- (i) is appointed as a special constable under section 5.16 (1) of that Act; or\n- (ii) is authorised under section 5.17 (2) of that Act to exercise the powers of a police officer; or\n- (iii) is exercising a power under another law of the State.\n- (i) is appointed as a special constable under section 5.16 (1) of that Act; or\n- (ii) is authorised under section 5.17 (2) of that Act to exercise the powers of a police officer; or\n- (iii) is exercising a power under another law of the State.\n- (a) the Legislative Assembly or a person performing functions in connection with proceedings in the Assembly, except when acting in an administrative capacity; or\n- (b) a court or tribunal, except when acting in an administrative capacity; or\n- (c) an entity prescribed by regulation not to be a public entity.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"When function is of a public nature","content":"### sec.10 When function is of a public nature\n\nIn deciding whether a function of an entity is of a public nature for this Act, any of the following matters may be considered—\nwhether the function is conferred on the entity under a statutory provision;\nwhether the function is connected to or generally identified with functions of government;\nwhether the function is of a regulatory nature;\nwhether the entity is publicly funded to perform the function;\nwhether the entity is a government owned corporation.\nSubsection (1) does not limit the matters that may be considered in deciding whether a function is of a public nature.\nWithout limiting subsection (1) or (2) , the following functions are of a public nature—\nthe operation of a corrective services facility under the Corrective Services Act 2006 or another place of detention;\nthe provision of any of the following—\nemergency services;\npublic health services;\npublic disability services;\npublic education, including public tertiary education and public vocational education;\npublic transport;\na housing service by a funded provider or the State under the Housing Act 2003 .\n(sec.10-ssec.1) In deciding whether a function of an entity is of a public nature for this Act, any of the following matters may be considered— whether the function is conferred on the entity under a statutory provision; whether the function is connected to or generally identified with functions of government; whether the function is of a regulatory nature; whether the entity is publicly funded to perform the function; whether the entity is a government owned corporation.\n(sec.10-ssec.2) Subsection (1) does not limit the matters that may be considered in deciding whether a function is of a public nature.\n(sec.10-ssec.3) Without limiting subsection (1) or (2) , the following functions are of a public nature— the operation of a corrective services facility under the Corrective Services Act 2006 or another place of detention; the provision of any of the following— emergency services; public health services; public disability services; public education, including public tertiary education and public vocational education; public transport; a housing service by a funded provider or the State under the Housing Act 2003 .\n- (a) whether the function is conferred on the entity under a statutory provision;\n- (b) whether the function is connected to or generally identified with functions of government;\n- (c) whether the function is of a regulatory nature;\n- (d) whether the entity is publicly funded to perform the function;\n- (e) whether the entity is a government owned corporation.\n- (a) the operation of a corrective services facility under the Corrective Services Act 2006 or another place of detention;\n- (b) the provision of any of the following— (i) emergency services; (ii) public health services; (iii) public disability services; (iv) public education, including public tertiary education and public vocational education; (v) public transport; (vi) a housing service by a funded provider or the State under the Housing Act 2003 .\n- (i) emergency services;\n- (ii) public health services;\n- (iii) public disability services;\n- (iv) public education, including public tertiary education and public vocational education;\n- (v) public transport;\n- (vi) a housing service by a funded provider or the State under the Housing Act 2003 .\n- (i) emergency services;\n- (ii) public health services;\n- (iii) public disability services;\n- (iv) public education, including public tertiary education and public vocational education;\n- (v) public transport;\n- (vi) a housing service by a funded provider or the State under the Housing Act 2003 .","sortOrder":12},{"sectionNumber":"pt.2","sectionType":"part","heading":"Human rights in Queensland","content":"# Human rights in Queensland","sortOrder":13},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Who has human rights","content":"### sec.11 Who has human rights\n\nAll individuals in Queensland have human rights.\nOnly individuals have human rights.\nA corporation does not have human rights.\n(sec.11-ssec.1) All individuals in Queensland have human rights.\n(sec.11-ssec.2) Only individuals have human rights. A corporation does not have human rights.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Human rights are in addition to other rights and freedoms","content":"### sec.12 Human rights are in addition to other rights and freedoms\n\nA right or freedom not included, or only partly included, in this Act that arises or is recognised under another law must not be taken to be abrogated or limited only because the right or freedom is not included in this Act or is only partly included.\nthe Commonwealth Constitution\na law of the Commonwealth\nthe common law\nrights under the International Covenant on Civil and Political Rights not stated in this Act\nrights under the Universal Declaration of Human Rights not stated in this Act\nrights under other international conventions\nother international laws\n- • the Commonwealth Constitution\n- • a law of the Commonwealth\n- • the common law\n- • rights under the International Covenant on Civil and Political Rights not stated in this Act\n- • rights under the Universal Declaration of Human Rights not stated in this Act\n- • rights under other international conventions\n- • other international laws","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Human rights may be limited","content":"### sec.13 Human rights may be limited\n\nA human right may be subject under law only to reasonable limits that can be demonstrably justified in a free and democratic society based on human dignity, equality and freedom.\nIn deciding whether a limit on a human right is reasonable and justifiable as mentioned in subsection (1) , the following factors may be relevant—\nthe nature of the human right;\nthe nature of the purpose of the limitation, including whether it is consistent with a free and democratic society based on human dignity, equality and freedom;\nthe relationship between the limitation and its purpose, including whether the limitation helps to achieve the purpose;\nwhether there are any less restrictive and reasonably available ways to achieve the purpose;\nthe importance of the purpose of the limitation;\nthe importance of preserving the human right, taking into account the nature and extent of the limitation on the human right;\nthe balance between the matters mentioned in paragraphs (e) and (f) .\n(sec.13-ssec.1) A human right may be subject under law only to reasonable limits that can be demonstrably justified in a free and democratic society based on human dignity, equality and freedom.\n(sec.13-ssec.2) In deciding whether a limit on a human right is reasonable and justifiable as mentioned in subsection (1) , the following factors may be relevant— the nature of the human right; the nature of the purpose of the limitation, including whether it is consistent with a free and democratic society based on human dignity, equality and freedom; the relationship between the limitation and its purpose, including whether the limitation helps to achieve the purpose; whether there are any less restrictive and reasonably available ways to achieve the purpose; the importance of the purpose of the limitation; the importance of preserving the human right, taking into account the nature and extent of the limitation on the human right; the balance between the matters mentioned in paragraphs (e) and (f) .\n- (a) the nature of the human right;\n- (b) the nature of the purpose of the limitation, including whether it is consistent with a free and democratic society based on human dignity, equality and freedom;\n- (c) the relationship between the limitation and its purpose, including whether the limitation helps to achieve the purpose;\n- (d) whether there are any less restrictive and reasonably available ways to achieve the purpose;\n- (e) the importance of the purpose of the limitation;\n- (f) the importance of preserving the human right, taking into account the nature and extent of the limitation on the human right;\n- (g) the balance between the matters mentioned in paragraphs (e) and (f) .","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Human rights are protected","content":"### sec.14 Human rights are protected\n\nNothing in this Act gives any person or other entity a right to limit to a greater extent than is provided for under this Act, or destroy, a human right of any person.","sortOrder":18},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Civil and political rights","content":"## Civil and political rights","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Recognition and equality before the law","content":"### sec.15 Recognition and equality before the law\n\nEvery person has the right to recognition as a person before the law.\nEvery person has the right to enjoy the person’s human rights without discrimination.\nEvery person is equal before the law and is entitled to the equal protection of the law without discrimination.\nEvery person has the right to equal and effective protection against discrimination.\nMeasures taken for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination do not constitute discrimination.\n(sec.15-ssec.1) Every person has the right to recognition as a person before the law.\n(sec.15-ssec.2) Every person has the right to enjoy the person’s human rights without discrimination.\n(sec.15-ssec.3) Every person is equal before the law and is entitled to the equal protection of the law without discrimination.\n(sec.15-ssec.4) Every person has the right to equal and effective protection against discrimination.\n(sec.15-ssec.5) Measures taken for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination do not constitute discrimination.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Right to life","content":"### sec.16 Right to life\n\nEvery person has the right to life and has the right not to be arbitrarily deprived of life.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Protection from torture and cruel, inhuman or degrading treatment","content":"### sec.17 Protection from torture and cruel, inhuman or degrading treatment\n\nA person must not be—\nsubjected to torture; or\ntreated or punished in a cruel, inhuman or degrading way; or\nsubjected to medical or scientific experimentation or treatment without the person’s full, free and informed consent.\n- (a) subjected to torture; or\n- (b) treated or punished in a cruel, inhuman or degrading way; or\n- (c) subjected to medical or scientific experimentation or treatment without the person’s full, free and informed consent.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Freedom from forced work","content":"### sec.18 Freedom from forced work\n\nA person must not be held in slavery or servitude.\nA person must not be made to perform forced or compulsory labour.\nIn this section—\ncourt order includes an order made by a court of another jurisdiction.\nforced or compulsory labour does not include—\nwork or service normally required of a person who is under detention because of a lawful court order or who, under a lawful court order, has been conditionally released from detention or ordered to perform work in the community; or\nwork or service performed under a work and development order under the State Penalties Enforcement Act 1999 ; or\nwork or service required because of an emergency threatening the Queensland community or a part of the Queensland community; or\nwork or service that forms part of normal civil obligations.\n(sec.18-ssec.1) A person must not be held in slavery or servitude.\n(sec.18-ssec.2) A person must not be made to perform forced or compulsory labour.\n(sec.18-ssec.3) In this section— court order includes an order made by a court of another jurisdiction. forced or compulsory labour does not include— work or service normally required of a person who is under detention because of a lawful court order or who, under a lawful court order, has been conditionally released from detention or ordered to perform work in the community; or work or service performed under a work and development order under the State Penalties Enforcement Act 1999 ; or work or service required because of an emergency threatening the Queensland community or a part of the Queensland community; or work or service that forms part of normal civil obligations.\n- (a) work or service normally required of a person who is under detention because of a lawful court order or who, under a lawful court order, has been conditionally released from detention or ordered to perform work in the community; or\n- (b) work or service performed under a work and development order under the State Penalties Enforcement Act 1999 ; or\n- (c) work or service required because of an emergency threatening the Queensland community or a part of the Queensland community; or\n- (d) work or service that forms part of normal civil obligations.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Freedom of movement","content":"### sec.19 Freedom of movement\n\nEvery person lawfully within Queensland has the right to move freely within Queensland and to enter and leave it, and has the freedom to choose where to live.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Freedom of thought, conscience, religion and belief","content":"### sec.20 Freedom of thought, conscience, religion and belief\n\nEvery person has the right to freedom of thought, conscience, religion and belief, including—\nthe freedom to have or to adopt a religion or belief of the person’s choice; and\nthe freedom to demonstrate the person’s religion or belief in worship, observance, practice and teaching, either individually or as part of a community, in public or in private.\nA person must not be coerced or restrained in a way that limits the person’s freedom to have or adopt a religion or belief.\n(sec.20-ssec.1) Every person has the right to freedom of thought, conscience, religion and belief, including— the freedom to have or to adopt a religion or belief of the person’s choice; and the freedom to demonstrate the person’s religion or belief in worship, observance, practice and teaching, either individually or as part of a community, in public or in private.\n(sec.20-ssec.2) A person must not be coerced or restrained in a way that limits the person’s freedom to have or adopt a religion or belief.\n- (a) the freedom to have or to adopt a religion or belief of the person’s choice; and\n- (b) the freedom to demonstrate the person’s religion or belief in worship, observance, practice and teaching, either individually or as part of a community, in public or in private.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Freedom of expression","content":"### sec.21 Freedom of expression\n\nEvery person has the right to hold an opinion without interference.\nEvery person has the right to freedom of expression which includes the freedom to seek, receive and impart information and ideas of all kinds, whether within or outside Queensland and whether—\norally; or\nin writing; or\nin print; or\nby way of art; or\nin another medium chosen by the person.\n(sec.21-ssec.1) Every person has the right to hold an opinion without interference.\n(sec.21-ssec.2) Every person has the right to freedom of expression which includes the freedom to seek, receive and impart information and ideas of all kinds, whether within or outside Queensland and whether— orally; or in writing; or in print; or by way of art; or in another medium chosen by the person.\n- (a) orally; or\n- (b) in writing; or\n- (c) in print; or\n- (d) by way of art; or\n- (e) in another medium chosen by the person.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Peaceful assembly and freedom of association","content":"### sec.22 Peaceful assembly and freedom of association\n\nEvery person has the right of peaceful assembly.\nEvery person has the right to freedom of association with others, including the right to form and join trade unions.\n(sec.22-ssec.1) Every person has the right of peaceful assembly.\n(sec.22-ssec.2) Every person has the right to freedom of association with others, including the right to form and join trade unions.","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Taking part in public life","content":"### sec.23 Taking part in public life\n\nEvery person in Queensland has the right, and is to have the opportunity, without discrimination to participate in the conduct of public affairs, directly or through freely chosen representatives.\nEvery eligible person has the right, and is to have the opportunity, without discrimination—\nto vote and be elected at periodic State and local government elections that guarantee the free expression of the will of the electors; and\nto have access, on general terms of equality, to the public service and to public office.\n(sec.23-ssec.1) Every person in Queensland has the right, and is to have the opportunity, without discrimination to participate in the conduct of public affairs, directly or through freely chosen representatives.\n(sec.23-ssec.2) Every eligible person has the right, and is to have the opportunity, without discrimination— to vote and be elected at periodic State and local government elections that guarantee the free expression of the will of the electors; and to have access, on general terms of equality, to the public service and to public office.\n- (a) to vote and be elected at periodic State and local government elections that guarantee the free expression of the will of the electors; and\n- (b) to have access, on general terms of equality, to the public service and to public office.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Property rights","content":"### sec.24 Property rights\n\nAll persons have the right to own property alone or in association with others.\nA person must not be arbitrarily deprived of the person’s property.\n(sec.24-ssec.1) All persons have the right to own property alone or in association with others.\n(sec.24-ssec.2) A person must not be arbitrarily deprived of the person’s property.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Privacy and reputation","content":"### sec.25 Privacy and reputation\n\nA person has the right—\nnot to have the person’s privacy, family, home or correspondence unlawfully or arbitrarily interfered with; and\nnot to have the person’s reputation unlawfully attacked.\n- (a) not to have the person’s privacy, family, home or correspondence unlawfully or arbitrarily interfered with; and\n- (b) not to have the person’s reputation unlawfully attacked.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Protection of families and children","content":"### sec.26 Protection of families and children\n\nFamilies are the fundamental group unit of society and are entitled to be protected by society and the State.\nEvery child has the right, without discrimination, to the protection that is needed by the child, and is in the child’s best interests, because of being a child.\nEvery person born in Queensland has the right to a name and to be registered, as having been born, under a law of the State as soon as practicable after being born.\n(sec.26-ssec.1) Families are the fundamental group unit of society and are entitled to be protected by society and the State.\n(sec.26-ssec.2) Every child has the right, without discrimination, to the protection that is needed by the child, and is in the child’s best interests, because of being a child.\n(sec.26-ssec.3) Every person born in Queensland has the right to a name and to be registered, as having been born, under a law of the State as soon as practicable after being born.","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Cultural rights—generally","content":"### sec.27 Cultural rights—generally\n\nAll persons with a particular cultural, religious, racial or linguistic background must not be denied the right, in community with other persons of that background, to enjoy their culture, to declare and practise their religion and to use their language.","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Cultural rights—Aboriginal peoples and Torres Strait Islander peoples","content":"### sec.28 Cultural rights—Aboriginal peoples and Torres Strait Islander peoples\n\nAboriginal peoples and Torres Strait Islander peoples hold distinct cultural rights.\nAboriginal peoples and Torres Strait Islander peoples must not be denied the right, with other members of their community—\nto enjoy, maintain, control, protect and develop their identity and cultural heritage, including their traditional knowledge, distinctive spiritual practices, observances, beliefs and teachings; and\nto enjoy, maintain, control, protect, develop and use their language, including traditional cultural expressions; and\nto enjoy, maintain, control, protect and develop their kinship ties; and\nto maintain and strengthen their distinctive spiritual, material and economic relationship with the land, territories, waters, coastal seas and other resources with which they have a connection under Aboriginal tradition or Island custom; and\nto conserve and protect the environment and productive capacity of their land, territories, waters, coastal seas and other resources.\nAboriginal peoples and Torres Strait Islander peoples have the right not to be subjected to forced assimilation or destruction of their culture.\n(sec.28-ssec.1) Aboriginal peoples and Torres Strait Islander peoples hold distinct cultural rights.\n(sec.28-ssec.2) Aboriginal peoples and Torres Strait Islander peoples must not be denied the right, with other members of their community— to enjoy, maintain, control, protect and develop their identity and cultural heritage, including their traditional knowledge, distinctive spiritual practices, observances, beliefs and teachings; and to enjoy, maintain, control, protect, develop and use their language, including traditional cultural expressions; and to enjoy, maintain, control, protect and develop their kinship ties; and to maintain and strengthen their distinctive spiritual, material and economic relationship with the land, territories, waters, coastal seas and other resources with which they have a connection under Aboriginal tradition or Island custom; and to conserve and protect the environment and productive capacity of their land, territories, waters, coastal seas and other resources.\n(sec.28-ssec.3) Aboriginal peoples and Torres Strait Islander peoples have the right not to be subjected to forced assimilation or destruction of their culture.\n- (a) to enjoy, maintain, control, protect and develop their identity and cultural heritage, including their traditional knowledge, distinctive spiritual practices, observances, beliefs and teachings; and\n- (b) to enjoy, maintain, control, protect, develop and use their language, including traditional cultural expressions; and\n- (c) to enjoy, maintain, control, protect and develop their kinship ties; and\n- (d) to maintain and strengthen their distinctive spiritual, material and economic relationship with the land, territories, waters, coastal seas and other resources with which they have a connection under Aboriginal tradition or Island custom; and\n- (e) to conserve and protect the environment and productive capacity of their land, territories, waters, coastal seas and other resources.","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Right to liberty and security of person","content":"### sec.29 Right to liberty and security of person\n\nEvery person has the right to liberty and security.\nA person must not be subjected to arbitrary arrest or detention.\nA person must not be deprived of the person’s liberty except on grounds, and in accordance with procedures, established by law.\nA person who is arrested or detained must be informed at the time of arrest or detention of the reason for the arrest or detention and must be promptly informed about any proceedings to be brought against the person.\nA person who is arrested or detained on a criminal charge—\nmust be promptly brought before a court; and\nhas the right to be brought to trial without unreasonable delay; and\nmust be released if paragraph (a) or (b) is not complied with.\nA person awaiting trial must not be automatically detained in custody, but the person’s release may be subject to guarantees to appear—\nfor trial; and\nat any other stage of the judicial proceeding; and\nif appropriate, for execution of judgment.\nA person deprived of liberty by arrest or detention is entitled to apply to a court for a declaration or order regarding the lawfulness of the person’s detention, and the court must—\nmake a decision without delay; and\norder the release of the person if it finds the detention is unlawful.\nA person must not be imprisoned only because of the person’s inability to perform a contractual obligation.\n(sec.29-ssec.1) Every person has the right to liberty and security.\n(sec.29-ssec.2) A person must not be subjected to arbitrary arrest or detention.\n(sec.29-ssec.3) A person must not be deprived of the person’s liberty except on grounds, and in accordance with procedures, established by law.\n(sec.29-ssec.4) A person who is arrested or detained must be informed at the time of arrest or detention of the reason for the arrest or detention and must be promptly informed about any proceedings to be brought against the person.\n(sec.29-ssec.5) A person who is arrested or detained on a criminal charge— must be promptly brought before a court; and has the right to be brought to trial without unreasonable delay; and must be released if paragraph (a) or (b) is not complied with.\n(sec.29-ssec.6) A person awaiting trial must not be automatically detained in custody, but the person’s release may be subject to guarantees to appear— for trial; and at any other stage of the judicial proceeding; and if appropriate, for execution of judgment.\n(sec.29-ssec.7) A person deprived of liberty by arrest or detention is entitled to apply to a court for a declaration or order regarding the lawfulness of the person’s detention, and the court must— make a decision without delay; and order the release of the person if it finds the detention is unlawful.\n(sec.29-ssec.8) A person must not be imprisoned only because of the person’s inability to perform a contractual obligation.\n- (a) must be promptly brought before a court; and\n- (b) has the right to be brought to trial without unreasonable delay; and\n- (c) must be released if paragraph (a) or (b) is not complied with.\n- (a) for trial; and\n- (b) at any other stage of the judicial proceeding; and\n- (c) if appropriate, for execution of judgment.\n- (a) make a decision without delay; and\n- (b) order the release of the person if it finds the detention is unlawful.","sortOrder":34},{"sectionNumber":"sec.30","sectionType":"section","heading":"Humane treatment when deprived of liberty","content":"### sec.30 Humane treatment when deprived of liberty\n\nAll persons deprived of liberty must be treated with humanity and with respect for the inherent dignity of the human person.\nAn accused person who is detained or a person detained without charge must be segregated from persons who have been convicted of offences, unless reasonably necessary.\nAn accused person who is detained or a person detained without charge must be treated in a way that is appropriate for a person who has not been convicted.\n(sec.30-ssec.1) All persons deprived of liberty must be treated with humanity and with respect for the inherent dignity of the human person.\n(sec.30-ssec.2) An accused person who is detained or a person detained without charge must be segregated from persons who have been convicted of offences, unless reasonably necessary.\n(sec.30-ssec.3) An accused person who is detained or a person detained without charge must be treated in a way that is appropriate for a person who has not been convicted.","sortOrder":35},{"sectionNumber":"sec.31","sectionType":"section","heading":"Fair hearing","content":"### sec.31 Fair hearing\n\nA person charged with a criminal offence or a party to a civil proceeding has the right to have the charge or proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing.\nHowever, a court or tribunal may exclude members of media organisations, other persons or the general public from all or part of a hearing in the public interest or the interests of justice.\nAll judgments or decisions made by a court or tribunal in a proceeding must be publicly available.\n(sec.31-ssec.1) A person charged with a criminal offence or a party to a civil proceeding has the right to have the charge or proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing.\n(sec.31-ssec.2) However, a court or tribunal may exclude members of media organisations, other persons or the general public from all or part of a hearing in the public interest or the interests of justice.\n(sec.31-ssec.3) All judgments or decisions made by a court or tribunal in a proceeding must be publicly available.","sortOrder":36},{"sectionNumber":"sec.32","sectionType":"section","heading":"Rights in criminal proceedings","content":"### sec.32 Rights in criminal proceedings\n\nA person charged with a criminal offence has the right to be presumed innocent until proved guilty according to law.\nA person charged with a criminal offence is entitled without discrimination to the following minimum guarantees—\nto be informed promptly and in detail of the nature and reason for the charge in a language or, if necessary, a type of communication the person speaks or understands;\nto have adequate time and facilities to prepare the person’s defence and to communicate with a lawyer or advisor chosen by the person;\nto be tried without unreasonable delay;\nto be tried in person, and to defend themselves personally or through legal assistance chosen by the person or, if eligible, through legal aid;\nto be told, if the person does not have legal assistance, about the right, if eligible, to legal aid;\nto have legal aid provided if the interests of justice require it, without any costs payable by the person if the person is eligible for free legal aid under the Legal Aid Queensland Act 1997 ;\nto examine, or have examined, witnesses against the person;\nto obtain the attendance and examination of witnesses on the person’s behalf under the same conditions as witnesses for the prosecution;\nto have the free assistance of an interpreter if the person can not understand or speak English;\nto have the free assistance of specialised communication tools and technology, and assistants, if the person has communication or speech difficulties that require the assistance;\nnot to be compelled to testify against themselves or to confess guilt.\nA child charged with a criminal offence has the right to a procedure that takes account of the child’s age and the desirability of promoting the child's rehabilitation.\nA person convicted of a criminal offence has the right to have the conviction and any sentence imposed in relation to it reviewed by a higher court in accordance with law.\nIn this section—\nlegal aid means legal assistance given under the Legal Aid Queensland Act 1997 .\n(sec.32-ssec.1) A person charged with a criminal offence has the right to be presumed innocent until proved guilty according to law.\n(sec.32-ssec.2) A person charged with a criminal offence is entitled without discrimination to the following minimum guarantees— to be informed promptly and in detail of the nature and reason for the charge in a language or, if necessary, a type of communication the person speaks or understands; to have adequate time and facilities to prepare the person’s defence and to communicate with a lawyer or advisor chosen by the person; to be tried without unreasonable delay; to be tried in person, and to defend themselves personally or through legal assistance chosen by the person or, if eligible, through legal aid; to be told, if the person does not have legal assistance, about the right, if eligible, to legal aid; to have legal aid provided if the interests of justice require it, without any costs payable by the person if the person is eligible for free legal aid under the Legal Aid Queensland Act 1997 ; to examine, or have examined, witnesses against the person; to obtain the attendance and examination of witnesses on the person’s behalf under the same conditions as witnesses for the prosecution; to have the free assistance of an interpreter if the person can not understand or speak English; to have the free assistance of specialised communication tools and technology, and assistants, if the person has communication or speech difficulties that require the assistance; not to be compelled to testify against themselves or to confess guilt.\n(sec.32-ssec.3) A child charged with a criminal offence has the right to a procedure that takes account of the child’s age and the desirability of promoting the child's rehabilitation.\n(sec.32-ssec.4) A person convicted of a criminal offence has the right to have the conviction and any sentence imposed in relation to it reviewed by a higher court in accordance with law.\n(sec.32-ssec.5) In this section— legal aid means legal assistance given under the Legal Aid Queensland Act 1997 .\n- (a) to be informed promptly and in detail of the nature and reason for the charge in a language or, if necessary, a type of communication the person speaks or understands;\n- (b) to have adequate time and facilities to prepare the person’s defence and to communicate with a lawyer or advisor chosen by the person;\n- (c) to be tried without unreasonable delay;\n- (d) to be tried in person, and to defend themselves personally or through legal assistance chosen by the person or, if eligible, through legal aid;\n- (e) to be told, if the person does not have legal assistance, about the right, if eligible, to legal aid;\n- (f) to have legal aid provided if the interests of justice require it, without any costs payable by the person if the person is eligible for free legal aid under the Legal Aid Queensland Act 1997 ;\n- (g) to examine, or have examined, witnesses against the person;\n- (h) to obtain the attendance and examination of witnesses on the person’s behalf under the same conditions as witnesses for the prosecution;\n- (i) to have the free assistance of an interpreter if the person can not understand or speak English;\n- (j) to have the free assistance of specialised communication tools and technology, and assistants, if the person has communication or speech difficulties that require the assistance;\n- (k) not to be compelled to testify against themselves or to confess guilt.","sortOrder":37},{"sectionNumber":"sec.33","sectionType":"section","heading":"Children in the criminal process","content":"### sec.33 Children in the criminal process\n\nAn accused child who is detained, or a child detained without charge, must be segregated from all detained adults.\nAn accused child must be brought to trial as quickly as possible.\nA child who has been convicted of an offence must be treated in a way that is appropriate for the child’s age.\n(sec.33-ssec.1) An accused child who is detained, or a child detained without charge, must be segregated from all detained adults.\n(sec.33-ssec.2) An accused child must be brought to trial as quickly as possible.\n(sec.33-ssec.3) A child who has been convicted of an offence must be treated in a way that is appropriate for the child’s age.","sortOrder":38},{"sectionNumber":"sec.34","sectionType":"section","heading":"Right not to be tried or punished more than once","content":"### sec.34 Right not to be tried or punished more than once\n\nA person must not be tried or punished more than once for an offence in relation to which the person has already been finally convicted or acquitted in accordance with law.","sortOrder":39},{"sectionNumber":"sec.35","sectionType":"section","heading":"Retrospective criminal laws","content":"### sec.35 Retrospective criminal laws\n\nA person must not be found guilty of a criminal offence because of conduct that was not a criminal offence when it was engaged in.\nA penalty must not be imposed on any person for a criminal offence that is greater than the penalty that applied to the offence when it was committed.\nIf a penalty for an offence is reduced after a person committed the offence but before the person is sentenced for the offence, the person is eligible for the reduced penalty.\nNothing in this section affects the trial or punishment of any person for any act or omission that was a criminal offence under international law at the time it was done or omitted to be done.\n(sec.35-ssec.1) A person must not be found guilty of a criminal offence because of conduct that was not a criminal offence when it was engaged in.\n(sec.35-ssec.2) A penalty must not be imposed on any person for a criminal offence that is greater than the penalty that applied to the offence when it was committed.\n(sec.35-ssec.3) If a penalty for an offence is reduced after a person committed the offence but before the person is sentenced for the offence, the person is eligible for the reduced penalty.\n(sec.35-ssec.4) Nothing in this section affects the trial or punishment of any person for any act or omission that was a criminal offence under international law at the time it was done or omitted to be done.","sortOrder":40},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Economic, social and cultural rights","content":"## Economic, social and cultural rights","sortOrder":41},{"sectionNumber":"sec.36","sectionType":"section","heading":"Right to education","content":"### sec.36 Right to education\n\nEvery child has the right to have access to primary and secondary education appropriate to the child’s needs.\nEvery person has the right to have access, based on the person’s abilities, to further vocational education and training that is equally accessible to all.\n(sec.36-ssec.1) Every child has the right to have access to primary and secondary education appropriate to the child’s needs.\n(sec.36-ssec.2) Every person has the right to have access, based on the person’s abilities, to further vocational education and training that is equally accessible to all.","sortOrder":42},{"sectionNumber":"sec.37","sectionType":"section","heading":"Right to health services","content":"### sec.37 Right to health services\n\nEvery person has the right to access health services without discrimination.\nA person must not be refused emergency medical treatment that is immediately necessary to save the person’s life or to prevent serious impairment to the person.\n(sec.37-ssec.1) Every person has the right to access health services without discrimination.\n(sec.37-ssec.2) A person must not be refused emergency medical treatment that is immediately necessary to save the person’s life or to prevent serious impairment to the person.","sortOrder":43},{"sectionNumber":"pt.3","sectionType":"part","heading":"Application of human rights in Queensland","content":"# Application of human rights in Queensland","sortOrder":44},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Scrutiny of new legislation","content":"## Scrutiny of new legislation","sortOrder":45},{"sectionNumber":"sec.38","sectionType":"section","heading":"Statements of compatibility","content":"### sec.38 Statements of compatibility\n\nA member who proposes to introduce a Bill in the Legislative Assembly must prepare a statement of compatibility for the Bill.\nThe statement of compatibility must state—\nwhether, in the member’s opinion, the Bill is compatible with human rights and, if so, how it is compatible; and\nif, in the member’s opinion, a part of the Bill is not compatible with human rights, the nature and extent of the incompatibility.\nSubsections (1) and (2) apply to Ministers introducing government Bills and members introducing private members’ Bills.\nA member who introduces a Bill in the Legislative Assembly, or another member acting on the member’s behalf, must table the statement of compatibility prepared under this section when introducing the Bill.\nThe statement of compatibility is not binding on any court or tribunal.\n(sec.38-ssec.1) A member who proposes to introduce a Bill in the Legislative Assembly must prepare a statement of compatibility for the Bill.\n(sec.38-ssec.2) The statement of compatibility must state— whether, in the member’s opinion, the Bill is compatible with human rights and, if so, how it is compatible; and if, in the member’s opinion, a part of the Bill is not compatible with human rights, the nature and extent of the incompatibility. Subsections (1) and (2) apply to Ministers introducing government Bills and members introducing private members’ Bills.\n(sec.38-ssec.3) A member who introduces a Bill in the Legislative Assembly, or another member acting on the member’s behalf, must table the statement of compatibility prepared under this section when introducing the Bill.\n(sec.38-ssec.4) The statement of compatibility is not binding on any court or tribunal.\n- (a) whether, in the member’s opinion, the Bill is compatible with human rights and, if so, how it is compatible; and\n- (b) if, in the member’s opinion, a part of the Bill is not compatible with human rights, the nature and extent of the incompatibility.","sortOrder":46},{"sectionNumber":"sec.39","sectionType":"section","heading":"Scrutiny of Bills and statements of compatibility by portfolio committee","content":"### sec.39 Scrutiny of Bills and statements of compatibility by portfolio committee\n\nThe portfolio committee responsible for examining a Bill introduced in the Legislative Assembly must—\nconsider the Bill and report to the Assembly about whether the Bill is not compatible with human rights; and\nconsider the statement of compatibility tabled for the Bill and report to the Assembly about the statement.\n- (a) consider the Bill and report to the Assembly about whether the Bill is not compatible with human rights; and\n- (b) consider the statement of compatibility tabled for the Bill and report to the Assembly about the statement.","sortOrder":47},{"sectionNumber":"sec.40","sectionType":"section","heading":"Scrutiny of non-Queensland laws by portfolio committee","content":"### sec.40 Scrutiny of non-Queensland laws by portfolio committee\n\nThe Legislative Assembly may refer a non-Queensland law to a portfolio committee.\nIf a non-Queensland law is referred under subsection (1) , the portfolio committee must consider the law and report to the Legislative Assembly about whether the law is not compatible with human rights.\n(sec.40-ssec.1) The Legislative Assembly may refer a non-Queensland law to a portfolio committee.\n(sec.40-ssec.2) If a non-Queensland law is referred under subsection (1) , the portfolio committee must consider the law and report to the Legislative Assembly about whether the law is not compatible with human rights.","sortOrder":48},{"sectionNumber":"sec.41","sectionType":"section","heading":"Human rights certificate for subordinate legislation","content":"### sec.41 Human rights certificate for subordinate legislation\n\nThe responsible Minister for subordinate legislation must prepare a human rights certificate for the legislation.\nHowever, if there is more than 1 responsible Minister for the subordinate legislation, the human rights certificate for the legislation may be prepared by 1 of the responsible Ministers under the authority of the other responsible Ministers.\nThe human rights certificate must state—\nwhether, in the opinion of the Minister preparing the certificate, the subordinate legislation is compatible with human rights and, if so, how it is compatible; and\nif, in the opinion of the Minister preparing the certificate, a part of the subordinate legislation is not compatible with human rights, the nature and extent of the incompatibility.\nWhen subordinate legislation is tabled in the Legislative Assembly, it must be accompanied by the human rights certificate prepared under this section for the legislation.\nSee the Statutory Instruments Act 1992 , section 49 for the requirement to table subordinate legislation.\nThe portfolio committee responsible for examining the subordinate legislation may, in examining the legislation, also consider the human rights certificate.\nThis section does not apply in relation to subordinate legislation that is—\na proclamation or other instrument that fixes a single day for the commencement of all of the provisions of an Act that are not in force; or\nan instrument, other than a regulation, of a type prescribed by regulation.\nThe Minister may recommend to the Governor in Council the making of a regulation under subsection (4A) (b) only if the Minister is satisfied an instrument of that type will not directly or indirectly limit a human right.\nIn this section—\nresponsible Minister , for subordinate legislation, means the Minister who administers the law or provision of the law under which the subordinate legislation is made.\ns 41 amd 2020 No. 15 s 81B\n(sec.41-ssec.1) The responsible Minister for subordinate legislation must prepare a human rights certificate for the legislation.\n(sec.41-ssec.1A) However, if there is more than 1 responsible Minister for the subordinate legislation, the human rights certificate for the legislation may be prepared by 1 of the responsible Ministers under the authority of the other responsible Ministers.\n(sec.41-ssec.2) The human rights certificate must state— whether, in the opinion of the Minister preparing the certificate, the subordinate legislation is compatible with human rights and, if so, how it is compatible; and if, in the opinion of the Minister preparing the certificate, a part of the subordinate legislation is not compatible with human rights, the nature and extent of the incompatibility.\n(sec.41-ssec.3) When subordinate legislation is tabled in the Legislative Assembly, it must be accompanied by the human rights certificate prepared under this section for the legislation. See the Statutory Instruments Act 1992 , section 49 for the requirement to table subordinate legislation.\n(sec.41-ssec.4) The portfolio committee responsible for examining the subordinate legislation may, in examining the legislation, also consider the human rights certificate.\n(sec.41-ssec.4A) This section does not apply in relation to subordinate legislation that is— a proclamation or other instrument that fixes a single day for the commencement of all of the provisions of an Act that are not in force; or an instrument, other than a regulation, of a type prescribed by regulation.\n(sec.41-ssec.4B) The Minister may recommend to the Governor in Council the making of a regulation under subsection (4A) (b) only if the Minister is satisfied an instrument of that type will not directly or indirectly limit a human right.\n(sec.41-ssec.5) In this section— responsible Minister , for subordinate legislation, means the Minister who administers the law or provision of the law under which the subordinate legislation is made.\n- (a) whether, in the opinion of the Minister preparing the certificate, the subordinate legislation is compatible with human rights and, if so, how it is compatible; and\n- (b) if, in the opinion of the Minister preparing the certificate, a part of the subordinate legislation is not compatible with human rights, the nature and extent of the incompatibility.\n- (a) a proclamation or other instrument that fixes a single day for the commencement of all of the provisions of an Act that are not in force; or\n- (b) an instrument, other than a regulation, of a type prescribed by regulation.","sortOrder":49},{"sectionNumber":"sec.42","sectionType":"section","heading":"No effect on application of laws","content":"### sec.42 No effect on application of laws\n\nA failure to comply with this division in relation to a Bill that becomes an Act, a non-Queensland law or subordinate legislation does not affect the validity of the Act , law, subordinate legislation or any other law.","sortOrder":50},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Override declarations","content":"## Override declarations","sortOrder":51},{"sectionNumber":"sec.43","sectionType":"section","heading":"Override by Parliament","content":"### sec.43 Override by Parliament\n\nParliament may expressly declare in an Act that the Act or another Act, or a provision of the Act or another Act, has effect despite being incompatible with 1 or more human rights or despite anything else in this Act.\nA declaration under subsection (1) is an override declaration .\nIf an override declaration is made in relation to an Act or a provision of an Act, the declaration extends to a statutory instrument made under the Act or provision.\nIt is the intention of Parliament that an override declaration will only be made in exceptional circumstances.\nwar, a state of emergency, an exceptional crisis situation constituting a threat to public safety, health or order\n(sec.43-ssec.1) Parliament may expressly declare in an Act that the Act or another Act, or a provision of the Act or another Act, has effect despite being incompatible with 1 or more human rights or despite anything else in this Act.\n(sec.43-ssec.2) A declaration under subsection (1) is an override declaration .\n(sec.43-ssec.3) If an override declaration is made in relation to an Act or a provision of an Act, the declaration extends to a statutory instrument made under the Act or provision.\n(sec.43-ssec.4) It is the intention of Parliament that an override declaration will only be made in exceptional circumstances. war, a state of emergency, an exceptional crisis situation constituting a threat to public safety, health or order","sortOrder":52},{"sectionNumber":"sec.44","sectionType":"section","heading":"Statement about exceptional circumstances","content":"### sec.44 Statement about exceptional circumstances\n\nA member who introduces in the Legislative Assembly a Bill containing an override declaration, or another member acting on the member’s behalf, must make a statement to the Assembly explaining the exceptional circumstances that justify including the override declaration.\nThe statement under subsection (1) must be made when introducing the Bill.\nIf the override declaration is contained in an amendment in consideration of a Bill, the statement under subsection (1) must be made—\nby the member who moves the amendment or another member acting on the member’s behalf; and\nwhen the amendment is moved.\n(sec.44-ssec.1) A member who introduces in the Legislative Assembly a Bill containing an override declaration, or another member acting on the member’s behalf, must make a statement to the Assembly explaining the exceptional circumstances that justify including the override declaration.\n(sec.44-ssec.2) The statement under subsection (1) must be made when introducing the Bill.\n(sec.44-ssec.3) If the override declaration is contained in an amendment in consideration of a Bill, the statement under subsection (1) must be made— by the member who moves the amendment or another member acting on the member’s behalf; and when the amendment is moved.\n- (a) by the member who moves the amendment or another member acting on the member’s behalf; and\n- (b) when the amendment is moved.","sortOrder":53},{"sectionNumber":"sec.45","sectionType":"section","heading":"Effect and expiry of override declaration","content":"### sec.45 Effect and expiry of override declaration\n\nIf an override declaration is made in relation to an Act or a provision of an Act, this Act does not apply to the Act or provision to the extent of the declaration while the declaration is in force.\nIf this Act does not apply to an Act or provision of an Act for which an override declaration has been made, the Supreme Court can not make a declaration of incompatibility in relation to the Act or provision (see section 53 (3) ). Also, the requirement under section 48 to interpret the Act or provision in a way that is compatible with human rights does not apply (see section 48 (5) ).\nA provision of an Act containing an override declaration expires 5 years after the day on which the provision commences or on an earlier day stated in the Act .\n(sec.45-ssec.1) If an override declaration is made in relation to an Act or a provision of an Act, this Act does not apply to the Act or provision to the extent of the declaration while the declaration is in force. If this Act does not apply to an Act or provision of an Act for which an override declaration has been made, the Supreme Court can not make a declaration of incompatibility in relation to the Act or provision (see section 53 (3) ). Also, the requirement under section 48 to interpret the Act or provision in a way that is compatible with human rights does not apply (see section 48 (5) ).\n(sec.45-ssec.2) A provision of an Act containing an override declaration expires 5 years after the day on which the provision commences or on an earlier day stated in the Act .","sortOrder":54},{"sectionNumber":"sec.46","sectionType":"section","heading":"Re-enacting override declaration","content":"### sec.46 Re-enacting override declaration\n\nParliament may, at any time, re-enact an override declaration.\nThis division applies in relation to a re-enacted override declaration.\n(sec.46-ssec.1) Parliament may, at any time, re-enact an override declaration.\n(sec.46-ssec.2) This division applies in relation to a re-enacted override declaration.","sortOrder":55},{"sectionNumber":"sec.47","sectionType":"section","heading":"No effect on validity","content":"### sec.47 No effect on validity\n\nA failure to comply with section 44 in relation to a Bill that becomes an Act does not affect the validity of the Act or any other law.","sortOrder":56},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Interpretation of laws","content":"## Interpretation of laws","sortOrder":57},{"sectionNumber":"sec.48","sectionType":"section","heading":"Interpretation","content":"### sec.48 Interpretation\n\nAll statutory provisions must, to the extent possible that is consistent with their purpose, be interpreted in a way that is compatible with human rights.\nIf a statutory provision can not be interpreted in a way that is compatible with human rights, the provision must, to the extent possible that is consistent with its purpose, be interpreted in a way that is most compatible with human rights.\nInternational law and the judgments of domestic, foreign and international courts and tribunals relevant to a human right may be considered in interpreting a statutory provision.\nThis section does not affect the validity of—\nan Act or provision of an Act that is not compatible with human rights; or\na statutory instrument or provision of a statutory instrument that is not compatible with human rights and is empowered to be so by the Act under which it is made.\nThis section does not apply to a statutory provision the subject of an override declaration that is in force.\n(sec.48-ssec.1) All statutory provisions must, to the extent possible that is consistent with their purpose, be interpreted in a way that is compatible with human rights.\n(sec.48-ssec.2) If a statutory provision can not be interpreted in a way that is compatible with human rights, the provision must, to the extent possible that is consistent with its purpose, be interpreted in a way that is most compatible with human rights.\n(sec.48-ssec.3) International law and the judgments of domestic, foreign and international courts and tribunals relevant to a human right may be considered in interpreting a statutory provision.\n(sec.48-ssec.4) This section does not affect the validity of— an Act or provision of an Act that is not compatible with human rights; or a statutory instrument or provision of a statutory instrument that is not compatible with human rights and is empowered to be so by the Act under which it is made.\n(sec.48-ssec.5) This section does not apply to a statutory provision the subject of an override declaration that is in force.\n- (a) an Act or provision of an Act that is not compatible with human rights; or\n- (b) a statutory instrument or provision of a statutory instrument that is not compatible with human rights and is empowered to be so by the Act under which it is made.","sortOrder":58},{"sectionNumber":"sec.49","sectionType":"section","heading":"Referral to Supreme Court","content":"### sec.49 Referral to Supreme Court\n\nThis section applies if, in a proceeding before a court or tribunal—\na question of law arises that relates to the application of this Act; or\na question arises in relation to the interpretation of a statutory provision in accordance with this Act.\nThe question may be referred to the Supreme Court if—\na party to the proceeding has made an application for referral; and\nthe court or tribunal considers the question is appropriate to be decided by the Supreme Court.\nIf a question is referred under subsection (2) , the court or tribunal referring the question must not—\nmake a decision about the matter to which the question is relevant while the referral is pending; or\nproceed in a way or make a decision that is inconsistent with the Supreme Court’s decision on the question.\nIf a question is referred under subsection (2) by the Trial Division of the Supreme Court, the referral is to be made to the Court of Appeal.\nDespite any other Act, if a question arises of a kind mentioned in subsection (1) , the question may only be referred to the Supreme Court under this section.\n(sec.49-ssec.1) This section applies if, in a proceeding before a court or tribunal— a question of law arises that relates to the application of this Act; or a question arises in relation to the interpretation of a statutory provision in accordance with this Act.\n(sec.49-ssec.2) The question may be referred to the Supreme Court if— a party to the proceeding has made an application for referral; and the court or tribunal considers the question is appropriate to be decided by the Supreme Court.\n(sec.49-ssec.3) If a question is referred under subsection (2) , the court or tribunal referring the question must not— make a decision about the matter to which the question is relevant while the referral is pending; or proceed in a way or make a decision that is inconsistent with the Supreme Court’s decision on the question.\n(sec.49-ssec.4) If a question is referred under subsection (2) by the Trial Division of the Supreme Court, the referral is to be made to the Court of Appeal.\n(sec.49-ssec.5) Despite any other Act, if a question arises of a kind mentioned in subsection (1) , the question may only be referred to the Supreme Court under this section.\n- (a) a question of law arises that relates to the application of this Act; or\n- (b) a question arises in relation to the interpretation of a statutory provision in accordance with this Act.\n- (a) a party to the proceeding has made an application for referral; and\n- (b) the court or tribunal considers the question is appropriate to be decided by the Supreme Court.\n- (a) make a decision about the matter to which the question is relevant while the referral is pending; or\n- (b) proceed in a way or make a decision that is inconsistent with the Supreme Court’s decision on the question.","sortOrder":59},{"sectionNumber":"sec.50","sectionType":"section","heading":"Intervention by Attorney-General","content":"### sec.50 Intervention by Attorney-General\n\nThe Attorney-General may, for the State, intervene in and be joined as a party to a proceeding before a court or tribunal in which—\na question of law arises that relates to the application of this Act; or\na question arises in relation to the interpretation of a statutory provision in accordance with this Act.\nIf the Attorney-General intervenes, the Attorney-General becomes a party to the proceeding for the purpose of any appeal from an order made in the proceeding.\n(sec.50-ssec.1) The Attorney-General may, for the State, intervene in and be joined as a party to a proceeding before a court or tribunal in which— a question of law arises that relates to the application of this Act; or a question arises in relation to the interpretation of a statutory provision in accordance with this Act.\n(sec.50-ssec.2) If the Attorney-General intervenes, the Attorney-General becomes a party to the proceeding for the purpose of any appeal from an order made in the proceeding.\n- (a) a question of law arises that relates to the application of this Act; or\n- (b) a question arises in relation to the interpretation of a statutory provision in accordance with this Act.","sortOrder":60},{"sectionNumber":"sec.51","sectionType":"section","heading":"Intervention by commission","content":"### sec.51 Intervention by commission\n\nThe commission may intervene in and be joined as a party to a proceeding before a court or tribunal in which—\na question of law arises that relates to the application of this Act; or\na question arises in relation to the interpretation of a statutory provision in accordance with this Act.\nIf the commission intervenes, the commission becomes a party to the proceeding for the purpose of any appeal from an order made in the proceeding.\n(sec.51-ssec.1) The commission may intervene in and be joined as a party to a proceeding before a court or tribunal in which— a question of law arises that relates to the application of this Act; or a question arises in relation to the interpretation of a statutory provision in accordance with this Act.\n(sec.51-ssec.2) If the commission intervenes, the commission becomes a party to the proceeding for the purpose of any appeal from an order made in the proceeding.\n- (a) a question of law arises that relates to the application of this Act; or\n- (b) a question arises in relation to the interpretation of a statutory provision in accordance with this Act.","sortOrder":61},{"sectionNumber":"sec.52","sectionType":"section","heading":"Notice to Attorney-General and commission","content":"### sec.52 Notice to Attorney-General and commission\n\nA party to a proceeding must give notice in the approved form to the Attorney-General and the commission if—\nfor a proceeding in the Supreme Court, District Court, Land Court or Land Appeal Court—a question of law arises that relates to the application of this Act or a question arises in relation to the interpretation of a statutory provision in accordance with this Act; or\nfor any proceeding—a question is referred to the Supreme Court under section 49 .\nHowever, the notice need not be given to—\nthe Attorney-General, if the State is a party to the proceeding; or\nthe commission, if the commission is a party to the proceeding.\nNothing in this section requires a court or tribunal to adjourn a proceeding in relation to which the notice is given.\ns 52 amd 2023 No. 23 s 85\n(sec.52-ssec.1) A party to a proceeding must give notice in the approved form to the Attorney-General and the commission if— for a proceeding in the Supreme Court, District Court, Land Court or Land Appeal Court—a question of law arises that relates to the application of this Act or a question arises in relation to the interpretation of a statutory provision in accordance with this Act; or for any proceeding—a question is referred to the Supreme Court under section 49 .\n(sec.52-ssec.2) However, the notice need not be given to— the Attorney-General, if the State is a party to the proceeding; or the commission, if the commission is a party to the proceeding.\n(sec.52-ssec.3) Nothing in this section requires a court or tribunal to adjourn a proceeding in relation to which the notice is given.\n- (a) for a proceeding in the Supreme Court, District Court, Land Court or Land Appeal Court—a question of law arises that relates to the application of this Act or a question arises in relation to the interpretation of a statutory provision in accordance with this Act; or\n- (b) for any proceeding—a question is referred to the Supreme Court under section 49 .\n- (a) the Attorney-General, if the State is a party to the proceeding; or\n- (b) the commission, if the commission is a party to the proceeding.","sortOrder":62},{"sectionNumber":"sec.53","sectionType":"section","heading":"Declaration of incompatibility","content":"### sec.53 Declaration of incompatibility\n\nThis section applies if—\nin a proceeding in the Supreme Court a question of law arises that relates to the application of this Act or a question arises in relation to the interpretation of a statutory provision in accordance with this Act; or\na question is referred to the Supreme Court under section 49 ; or\nan appeal before the Court of Appeal relates to a question mentioned in paragraph (a) .\nThe Supreme Court may, in a proceeding, make a declaration (a declaration of incompatibility ) to the effect that the court is of the opinion that a statutory provision can not be interpreted in a way compatible with human rights.\nHowever, the Supreme Court can not make a declaration of incompatibility about a statutory provision if an override declaration is in force in relation to the provision.\nIf the Supreme Court is considering making a declaration of incompatibility, the court must give notice of that fact in the approved form to the Attorney-General and the commission.\nThe Supreme Court must not make a declaration of incompatibility unless the court is satisfied—\na notice has been given to the Attorney-General and the commission under subsection (4) ; and\na reasonable opportunity has been given to the Attorney-General and the commission to intervene in the proceeding or to make submissions about the proposed declaration.\nFor the Supreme Court of Queensland Act 1991 , section 62 , a declaration of incompatibility is taken to be an order of the court in the Trial Division.\n(sec.53-ssec.1) This section applies if— in a proceeding in the Supreme Court a question of law arises that relates to the application of this Act or a question arises in relation to the interpretation of a statutory provision in accordance with this Act; or a question is referred to the Supreme Court under section 49 ; or an appeal before the Court of Appeal relates to a question mentioned in paragraph (a) .\n(sec.53-ssec.2) The Supreme Court may, in a proceeding, make a declaration (a declaration of incompatibility ) to the effect that the court is of the opinion that a statutory provision can not be interpreted in a way compatible with human rights.\n(sec.53-ssec.3) However, the Supreme Court can not make a declaration of incompatibility about a statutory provision if an override declaration is in force in relation to the provision.\n(sec.53-ssec.4) If the Supreme Court is considering making a declaration of incompatibility, the court must give notice of that fact in the approved form to the Attorney-General and the commission.\n(sec.53-ssec.5) The Supreme Court must not make a declaration of incompatibility unless the court is satisfied— a notice has been given to the Attorney-General and the commission under subsection (4) ; and a reasonable opportunity has been given to the Attorney-General and the commission to intervene in the proceeding or to make submissions about the proposed declaration.\n(sec.53-ssec.6) For the Supreme Court of Queensland Act 1991 , section 62 , a declaration of incompatibility is taken to be an order of the court in the Trial Division.\n- (a) in a proceeding in the Supreme Court a question of law arises that relates to the application of this Act or a question arises in relation to the interpretation of a statutory provision in accordance with this Act; or\n- (b) a question is referred to the Supreme Court under section 49 ; or\n- (c) an appeal before the Court of Appeal relates to a question mentioned in paragraph (a) .\n- (a) a notice has been given to the Attorney-General and the commission under subsection (4) ; and\n- (b) a reasonable opportunity has been given to the Attorney-General and the commission to intervene in the proceeding or to make submissions about the proposed declaration.","sortOrder":63},{"sectionNumber":"sec.54","sectionType":"section","heading":"Effect of declaration of incompatibility","content":"### sec.54 Effect of declaration of incompatibility\n\nA declaration of incompatibility does not—\naffect in any way the validity of the statutory provision for which the declaration was made; or\ncreate in any person any legal right or give rise to any civil cause of action.\n- (a) affect in any way the validity of the statutory provision for which the declaration was made; or\n- (b) create in any person any legal right or give rise to any civil cause of action.","sortOrder":64},{"sectionNumber":"sec.55","sectionType":"section","heading":"Giving copies of declaration of incompatibility","content":"### sec.55 Giving copies of declaration of incompatibility\n\nThe Supreme Court must give a copy of a declaration of incompatibility to the Attorney-General within 7 days after—\nif the period for filing an appeal in relation to the proceeding in which the declaration was made has ended without an appeal having been filed—the end of that period; or\nif an appeal has been filed in relation to the proceeding and, on appeal, the declaration is upheld—the appeal has been finalised.\nIf the Trial Division of the Supreme Court makes a declaration of incompatibility (based on a referral of a question from QCAT) and on appeal the Court of Appeal upholds the declaration, a copy of the declaration must be given to the Attorney-General within 7 days after the Court of Appeal’s decision.\nThe Attorney-General must, as soon as practicable, give a copy of a declaration of incompatibility received under subsection (1) to the Minister administering the statutory provision for which the declaration was made, unless the Minister is the Attorney-General.\n(sec.55-ssec.1) The Supreme Court must give a copy of a declaration of incompatibility to the Attorney-General within 7 days after— if the period for filing an appeal in relation to the proceeding in which the declaration was made has ended without an appeal having been filed—the end of that period; or if an appeal has been filed in relation to the proceeding and, on appeal, the declaration is upheld—the appeal has been finalised. If the Trial Division of the Supreme Court makes a declaration of incompatibility (based on a referral of a question from QCAT) and on appeal the Court of Appeal upholds the declaration, a copy of the declaration must be given to the Attorney-General within 7 days after the Court of Appeal’s decision.\n(sec.55-ssec.2) The Attorney-General must, as soon as practicable, give a copy of a declaration of incompatibility received under subsection (1) to the Minister administering the statutory provision for which the declaration was made, unless the Minister is the Attorney-General.\n- (a) if the period for filing an appeal in relation to the proceeding in which the declaration was made has ended without an appeal having been filed—the end of that period; or\n- (b) if an appeal has been filed in relation to the proceeding and, on appeal, the declaration is upheld—the appeal has been finalised. Example— If the Trial Division of the Supreme Court makes a declaration of incompatibility (based on a referral of a question from QCAT) and on appeal the Court of Appeal upholds the declaration, a copy of the declaration must be given to the Attorney-General within 7 days after the Court of Appeal’s decision.","sortOrder":65},{"sectionNumber":"sec.56","sectionType":"section","heading":"Action by Minister on declaration of incompatibility","content":"### sec.56 Action by Minister on declaration of incompatibility\n\nThe Minister administering a statutory provision for which a declaration of incompatibility was made must—\nwithin 6 sitting days after receiving the declaration, table a copy of the declaration in the Legislative Assembly; and\nwithin 6 months after receiving the declaration—\nprepare a written response to the declaration; and\ntable a copy of the response in the Assembly.\nIn preparing the response mentioned in subsection (1) (b) , the Minister must consider the portfolio committee’s report to the Legislative Assembly under section 57 on the declaration of incompatibility.\nDespite the Parliament of Queensland Act 2001 , section 9 , the declaration of incompatibility is not proceedings in the Assembly under that section.\n(sec.56-ssec.1) The Minister administering a statutory provision for which a declaration of incompatibility was made must— within 6 sitting days after receiving the declaration, table a copy of the declaration in the Legislative Assembly; and within 6 months after receiving the declaration— prepare a written response to the declaration; and table a copy of the response in the Assembly.\n(sec.56-ssec.2) In preparing the response mentioned in subsection (1) (b) , the Minister must consider the portfolio committee’s report to the Legislative Assembly under section 57 on the declaration of incompatibility.\n(sec.56-ssec.3) Despite the Parliament of Queensland Act 2001 , section 9 , the declaration of incompatibility is not proceedings in the Assembly under that section.\n- (a) within 6 sitting days after receiving the declaration, table a copy of the declaration in the Legislative Assembly; and\n- (b) within 6 months after receiving the declaration— (i) prepare a written response to the declaration; and (ii) table a copy of the response in the Assembly.\n- (i) prepare a written response to the declaration; and\n- (ii) table a copy of the response in the Assembly.\n- (i) prepare a written response to the declaration; and\n- (ii) table a copy of the response in the Assembly.","sortOrder":66},{"sectionNumber":"sec.57","sectionType":"section","heading":"Action by portfolio committee on declaration of incompatibility","content":"### sec.57 Action by portfolio committee on declaration of incompatibility\n\nThe Legislative Assembly must refer a declaration of incompatibility tabled under section 56 to a portfolio committee.\nIf a declaration of incompatibility is referred under subsection (1) , the portfolio committee must—\nconsider the declaration; and\nreport on the declaration to the Legislative Assembly within 3 months after it is referred.\nThe report may include any recommendations about the declaration the portfolio committee considers appropriate.\n(sec.57-ssec.1) The Legislative Assembly must refer a declaration of incompatibility tabled under section 56 to a portfolio committee.\n(sec.57-ssec.2) If a declaration of incompatibility is referred under subsection (1) , the portfolio committee must— consider the declaration; and report on the declaration to the Legislative Assembly within 3 months after it is referred.\n(sec.57-ssec.3) The report may include any recommendations about the declaration the portfolio committee considers appropriate.\n- (a) consider the declaration; and\n- (b) report on the declaration to the Legislative Assembly within 3 months after it is referred.","sortOrder":67},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Obligations on public entities","content":"## Obligations on public entities","sortOrder":68},{"sectionNumber":"sec.58","sectionType":"section","heading":"Conduct of public entities","content":"### sec.58 Conduct of public entities\n\nIt is unlawful for a public entity—\nto act or make a decision in a way that is not compatible with human rights; or\nin making a decision, to fail to give proper consideration to a human right relevant to the decision.\nSubsection (1) does not apply to a public entity if the entity could not reasonably have acted differently or made a different decision because of a statutory provision, a law of the Commonwealth or another State or otherwise under law.\nA public entity is acting to give effect to a statutory provision that is not compatible with human rights.\nAlso, subsection (1) does not apply to a body established for a religious purpose if the act or decision is done or made in accordance with the doctrine of the religion concerned and is necessary to avoid offending the religious sensitivities of the people of the religion.\nThis section does not apply to an act or decision of a private nature.\nFor subsection (1) (b) , giving proper consideration to a human right in making a decision includes, but is not limited to—\nidentifying the human rights that may be affected by the decision; and\nconsidering whether the decision would be compatible with human rights.\nTo remove any doubt, it is declared that—\nan act or decision of a public entity is not invalid merely because, by doing the act or making the decision, the entity contravenes subsection (1) ; and\na person does not commit an offence against this Act or another Act merely because the person acts or makes a decision in contravention of subsection (1) .\n(sec.58-ssec.1) It is unlawful for a public entity— to act or make a decision in a way that is not compatible with human rights; or in making a decision, to fail to give proper consideration to a human right relevant to the decision.\n(sec.58-ssec.2) Subsection (1) does not apply to a public entity if the entity could not reasonably have acted differently or made a different decision because of a statutory provision, a law of the Commonwealth or another State or otherwise under law. A public entity is acting to give effect to a statutory provision that is not compatible with human rights.\n(sec.58-ssec.3) Also, subsection (1) does not apply to a body established for a religious purpose if the act or decision is done or made in accordance with the doctrine of the religion concerned and is necessary to avoid offending the religious sensitivities of the people of the religion.\n(sec.58-ssec.4) This section does not apply to an act or decision of a private nature.\n(sec.58-ssec.5) For subsection (1) (b) , giving proper consideration to a human right in making a decision includes, but is not limited to— identifying the human rights that may be affected by the decision; and considering whether the decision would be compatible with human rights.\n(sec.58-ssec.6) To remove any doubt, it is declared that— an act or decision of a public entity is not invalid merely because, by doing the act or making the decision, the entity contravenes subsection (1) ; and a person does not commit an offence against this Act or another Act merely because the person acts or makes a decision in contravention of subsection (1) .\n- (a) to act or make a decision in a way that is not compatible with human rights; or\n- (b) in making a decision, to fail to give proper consideration to a human right relevant to the decision.\n- (a) identifying the human rights that may be affected by the decision; and\n- (b) considering whether the decision would be compatible with human rights.\n- (a) an act or decision of a public entity is not invalid merely because, by doing the act or making the decision, the entity contravenes subsection (1) ; and\n- (b) a person does not commit an offence against this Act or another Act merely because the person acts or makes a decision in contravention of subsection (1) .","sortOrder":69},{"sectionNumber":"sec.59","sectionType":"section","heading":"Legal proceedings","content":"### sec.59 Legal proceedings\n\nSubsection (2) applies if a person may seek any relief or remedy in relation to an act or decision of a public entity on the ground that the act or decision was, other than because of section 58 , unlawful.\nThe person may seek the relief or remedy mentioned in subsection (1) on the ground of unlawfulness arising under section 58 , even if the person may not be successful in obtaining the relief or remedy on the ground mentioned in subsection (1) .\nHowever, the person is not entitled to be awarded damages on the ground of unlawfulness arising under section 58 .\nThis section does not affect a right a person has, other than under this Act, to seek any relief or remedy in relation to an act or decision of a public entity, including—\na right to seek judicial review under the Judicial Review Act 1991 or the Uniform Civil Procedure Rules 1999 ; and\na right to seek a declaration of unlawfulness and associated relief including an injunction, a stay of proceedings or an exclusion of evidence.\nA person may seek relief or remedy on a ground of unlawfulness arising under section 58 only under this section.\nNothing in this section affects a right a person may have to damages apart from the operation of this section.\n(sec.59-ssec.1) Subsection (2) applies if a person may seek any relief or remedy in relation to an act or decision of a public entity on the ground that the act or decision was, other than because of section 58 , unlawful.\n(sec.59-ssec.2) The person may seek the relief or remedy mentioned in subsection (1) on the ground of unlawfulness arising under section 58 , even if the person may not be successful in obtaining the relief or remedy on the ground mentioned in subsection (1) .\n(sec.59-ssec.3) However, the person is not entitled to be awarded damages on the ground of unlawfulness arising under section 58 .\n(sec.59-ssec.4) This section does not affect a right a person has, other than under this Act, to seek any relief or remedy in relation to an act or decision of a public entity, including— a right to seek judicial review under the Judicial Review Act 1991 or the Uniform Civil Procedure Rules 1999 ; and a right to seek a declaration of unlawfulness and associated relief including an injunction, a stay of proceedings or an exclusion of evidence.\n(sec.59-ssec.5) A person may seek relief or remedy on a ground of unlawfulness arising under section 58 only under this section.\n(sec.59-ssec.6) Nothing in this section affects a right a person may have to damages apart from the operation of this section.\n- (a) a right to seek judicial review under the Judicial Review Act 1991 or the Uniform Civil Procedure Rules 1999 ; and\n- (b) a right to seek a declaration of unlawfulness and associated relief including an injunction, a stay of proceedings or an exclusion of evidence.","sortOrder":70},{"sectionNumber":"sec.60","sectionType":"section","heading":"Entity may choose to be subject to obligations","content":"### sec.60 Entity may choose to be subject to obligations\n\nAn entity may ask the Minister, in writing, to declare that the entity is subject to the obligations of a public entity under this division.\nIf asked under subsection (1) , the Minister must make the declaration by gazette notice.\nThe Minister must, by gazette notice, revoke the declaration if asked in writing by the entity.\n(sec.60-ssec.1) An entity may ask the Minister, in writing, to declare that the entity is subject to the obligations of a public entity under this division.\n(sec.60-ssec.2) If asked under subsection (1) , the Minister must make the declaration by gazette notice.\n(sec.60-ssec.3) The Minister must, by gazette notice, revoke the declaration if asked in writing by the entity.","sortOrder":71},{"sectionNumber":"pt.4","sectionType":"part","heading":"Queensland Human Rights Commission","content":"# Queensland Human Rights Commission","sortOrder":72},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Functions and powers of commission and commissioner under this Act","content":"## Functions and powers of commission and commissioner under this Act","sortOrder":73},{"sectionNumber":"sec.61","sectionType":"section","heading":"Functions","content":"### sec.61 Functions\n\nThe commission has the following functions under this Act—\nto deal with human rights complaints under this part;\nif asked by the Attorney-General, to review the effect of Acts, statutory instruments and the common law on human rights and give the Attorney-General a written report about the outcome of the review;\nto review public entities’ policies, programs, procedures, practices and services in relation to their compatibility with human rights;\nto promote an understanding and acceptance, and the public discussion, of human rights and this Act in Queensland;\nto make information about human rights available to the community;\nto provide education about human rights and this Act;\nto assist the Attorney-General in reviews of this Act under sections 95 and 96 ;\nto advise the Attorney-General about matters relevant to the operation of this Act;\nanother function conferred on the commission under this Act or another Act.\n- (a) to deal with human rights complaints under this part;\n- (b) if asked by the Attorney-General, to review the effect of Acts, statutory instruments and the common law on human rights and give the Attorney-General a written report about the outcome of the review;\n- (c) to review public entities’ policies, programs, procedures, practices and services in relation to their compatibility with human rights;\n- (d) to promote an understanding and acceptance, and the public discussion, of human rights and this Act in Queensland;\n- (e) to make information about human rights available to the community;\n- (f) to provide education about human rights and this Act;\n- (g) to assist the Attorney-General in reviews of this Act under sections 95 and 96 ;\n- (h) to advise the Attorney-General about matters relevant to the operation of this Act;\n- (i) another function conferred on the commission under this Act or another Act.","sortOrder":74},{"sectionNumber":"sec.62","sectionType":"section","heading":"Powers","content":"### sec.62 Powers\n\nThe commissioner has power to do all things necessary or convenient to be done for the performance of the commission’s functions under this Act.","sortOrder":75},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Human rights complaints","content":"## Human rights complaints","sortOrder":76},{"sectionNumber":"sec.63","sectionType":"section","heading":"Meaning of human rights complaint","content":"### sec.63 Meaning of human rights complaint\n\nA human rights complaint is a complaint about an alleged contravention of section 58 (1) by a public entity in relation to an act or decision of the public entity.","sortOrder":77},{"sectionNumber":"sec.64","sectionType":"section","heading":"Who may make human rights complaint to commissioner","content":"### sec.64 Who may make human rights complaint to commissioner\n\nThe following persons may make a human rights complaint to the commissioner—\nan individual the subject of a public entity’s alleged contravention of section 58 (1) ;\nan agent of the individual;\na person authorised in writing by the commissioner to make a complaint for the individual.\nFor subsection (1) (c) , the commissioner may authorise a person to make a human rights complaint for an individual if satisfied the individual can not make the complaint.\nTwo or more persons may jointly make a human rights complaint.\n(sec.64-ssec.1) The following persons may make a human rights complaint to the commissioner— an individual the subject of a public entity’s alleged contravention of section 58 (1) ; an agent of the individual; a person authorised in writing by the commissioner to make a complaint for the individual.\n(sec.64-ssec.2) For subsection (1) (c) , the commissioner may authorise a person to make a human rights complaint for an individual if satisfied the individual can not make the complaint.\n(sec.64-ssec.3) Two or more persons may jointly make a human rights complaint.\n- (a) an individual the subject of a public entity’s alleged contravention of section 58 (1) ;\n- (b) an agent of the individual;\n- (c) a person authorised in writing by the commissioner to make a complaint for the individual.","sortOrder":78},{"sectionNumber":"sec.65","sectionType":"section","heading":"Requirements for making human rights complaint to commissioner","content":"### sec.65 Requirements for making human rights complaint to commissioner\n\nA person may make a human rights complaint to the commissioner only if—\nthe commissioner is satisfied the person has made a complaint to the public entity about the alleged contravention the subject of the complaint; and\na complaint made to the public entity under the entity’s system or procedures for complaints management\nat least 45 business days have elapsed since the complaint mentioned in paragraph (a) was made; and\nthe person has not received a response to the complaint or has received a response the person considers to be an inadequate response.\nHowever, the commissioner may accept a complaint made before the period mentioned in subsection (1) (b) has elapsed if the commissioner considers it appropriate because of exceptional circumstances.\n(sec.65-ssec.1) A person may make a human rights complaint to the commissioner only if— the commissioner is satisfied the person has made a complaint to the public entity about the alleged contravention the subject of the complaint; and a complaint made to the public entity under the entity’s system or procedures for complaints management at least 45 business days have elapsed since the complaint mentioned in paragraph (a) was made; and the person has not received a response to the complaint or has received a response the person considers to be an inadequate response.\n(sec.65-ssec.2) However, the commissioner may accept a complaint made before the period mentioned in subsection (1) (b) has elapsed if the commissioner considers it appropriate because of exceptional circumstances.\n- (a) the commissioner is satisfied the person has made a complaint to the public entity about the alleged contravention the subject of the complaint; and Example of making a complaint for paragraph (a) — a complaint made to the public entity under the entity’s system or procedures for complaints management\n- (b) at least 45 business days have elapsed since the complaint mentioned in paragraph (a) was made; and\n- (c) the person has not received a response to the complaint or has received a response the person considers to be an inadequate response.","sortOrder":79},{"sectionNumber":"sec.66","sectionType":"section","heading":"Referral entity may deal with or refer human rights complaint","content":"### sec.66 Referral entity may deal with or refer human rights complaint\n\nThis section applies if—\nthe ombudsman receives a complaint under the Ombudsman Act 2001 and the ombudsman considers the complaint may also be a human rights complaint; or\nthe health ombudsman receives a complaint under the Health Ombudsman Act 2013 and the health ombudsman considers the complaint may also be a human rights complaint; or\nthe Crime and Corruption Commission receives a complaint about corruption under the Crime and Corruption Act 2001 and the chairperson of the commission under that Act considers the complaint may also be a human rights complaint; or\nthe information commissioner receives a privacy complaint under the Information Privacy Act 2009 and the information commissioner considers the complaint may also be a human rights complaint.\nThe referral entity receiving the complaint may—\ndeal with the complaint under the referral Act under which the complaint was made; or\nwith the consent of the person who could make the human rights complaint under section 64 , refer the complaint to the commissioner.\nUnder section 74 , the commissioner and a referral entity may enter into an arrangement about referring complaints under a referral Act or dealing with complaints that are not referred.\n(sec.66-ssec.1) This section applies if— the ombudsman receives a complaint under the Ombudsman Act 2001 and the ombudsman considers the complaint may also be a human rights complaint; or the health ombudsman receives a complaint under the Health Ombudsman Act 2013 and the health ombudsman considers the complaint may also be a human rights complaint; or the Crime and Corruption Commission receives a complaint about corruption under the Crime and Corruption Act 2001 and the chairperson of the commission under that Act considers the complaint may also be a human rights complaint; or the information commissioner receives a privacy complaint under the Information Privacy Act 2009 and the information commissioner considers the complaint may also be a human rights complaint.\n(sec.66-ssec.2) The referral entity receiving the complaint may— deal with the complaint under the referral Act under which the complaint was made; or with the consent of the person who could make the human rights complaint under section 64 , refer the complaint to the commissioner. Under section 74 , the commissioner and a referral entity may enter into an arrangement about referring complaints under a referral Act or dealing with complaints that are not referred.\n- (a) the ombudsman receives a complaint under the Ombudsman Act 2001 and the ombudsman considers the complaint may also be a human rights complaint; or\n- (b) the health ombudsman receives a complaint under the Health Ombudsman Act 2013 and the health ombudsman considers the complaint may also be a human rights complaint; or\n- (c) the Crime and Corruption Commission receives a complaint about corruption under the Crime and Corruption Act 2001 and the chairperson of the commission under that Act considers the complaint may also be a human rights complaint; or\n- (d) the information commissioner receives a privacy complaint under the Information Privacy Act 2009 and the information commissioner considers the complaint may also be a human rights complaint.\n- (a) deal with the complaint under the referral Act under which the complaint was made; or\n- (b) with the consent of the person who could make the human rights complaint under section 64 , refer the complaint to the commissioner.","sortOrder":80},{"sectionNumber":"sec.67","sectionType":"section","heading":"Form of human rights complaint","content":"### sec.67 Form of human rights complaint\n\nA human rights complaint made or referred to the commissioner must—\nbe written; and\nstate the complainant’s name and address for service; and\ninclude enough details to indicate the alleged contravention to which the complaint relates.\nIf the commissioner is satisfied the complainant needs help to put the complaint in writing, the commissioner must give reasonable help to the complainant to put the complaint in writing.\n(sec.67-ssec.1) A human rights complaint made or referred to the commissioner must— be written; and state the complainant’s name and address for service; and include enough details to indicate the alleged contravention to which the complaint relates.\n(sec.67-ssec.2) If the commissioner is satisfied the complainant needs help to put the complaint in writing, the commissioner must give reasonable help to the complainant to put the complaint in writing.\n- (a) be written; and\n- (b) state the complainant’s name and address for service; and\n- (c) include enough details to indicate the alleged contravention to which the complaint relates.","sortOrder":81},{"sectionNumber":"sec.68","sectionType":"section","heading":"Preliminary inquiries","content":"### sec.68 Preliminary inquiries\n\nThe commissioner may make preliminary inquiries about a human rights complaint made or referred to the commissioner to decide how to deal with the complaint under this division.","sortOrder":82},{"sectionNumber":"sec.69","sectionType":"section","heading":"Commissioner must refuse to deal with particular complaint","content":"### sec.69 Commissioner must refuse to deal with particular complaint\n\nThe commissioner must refuse to deal with a human rights complaint if the commissioner considers the complaint is frivolous, trivial, vexatious, misconceived or lacking in substance.","sortOrder":83},{"sectionNumber":"sec.70","sectionType":"section","heading":"Commissioner may refuse to deal or to continue to deal, or defer dealing, with complaint","content":"### sec.70 Commissioner may refuse to deal or to continue to deal, or defer dealing, with complaint\n\nThe commissioner may refuse to deal or to continue to deal with a human rights complaint if—\nthe commissioner considers there is a more appropriate course of action available under another law to deal with the subject of the complaint; or\nthe commissioner considers the subject of the complaint has been appropriately dealt with by another entity; or\nthe commissioner considers the requirements under section 65 for making the complaint have not been met; or\nthe complaint was not made or referred to the commissioner within 1 year after the alleged contravention to which the complaint relates happened.\nThe commissioner may refuse to continue to deal with a human rights complaint if—\nthe complainant does not comply with a reasonable request made by the commissioner in dealing with the complaint; or\na request for information relevant to the complaint under section 78 (2)\nthe commissioner is satisfied on reasonable grounds the complainant, without a reasonable excuse, has not cooperated in the commissioner’s dealing with the complaint; or\nthe commissioner can not make contact with the complainant.\nThe commissioner may defer dealing with a complaint if—\nthe complainant has complained to the public entity as required under section 65 but the commissioner considers the public entity has not yet had an adequate opportunity to deal with the complaint; or\nthe commissioner considers it is necessary to do so to ensure the complaint is dealt with appropriately under another law.\nIn this section—\nlaw includes—\nthe National Disability Insurance Scheme Act 2013 (Cwlth) or another law of the Commonwealth; and\na law of another State.\n(sec.70-ssec.1) The commissioner may refuse to deal or to continue to deal with a human rights complaint if— the commissioner considers there is a more appropriate course of action available under another law to deal with the subject of the complaint; or the commissioner considers the subject of the complaint has been appropriately dealt with by another entity; or the commissioner considers the requirements under section 65 for making the complaint have not been met; or the complaint was not made or referred to the commissioner within 1 year after the alleged contravention to which the complaint relates happened.\n(sec.70-ssec.2) The commissioner may refuse to continue to deal with a human rights complaint if— the complainant does not comply with a reasonable request made by the commissioner in dealing with the complaint; or a request for information relevant to the complaint under section 78 (2) the commissioner is satisfied on reasonable grounds the complainant, without a reasonable excuse, has not cooperated in the commissioner’s dealing with the complaint; or the commissioner can not make contact with the complainant.\n(sec.70-ssec.3) The commissioner may defer dealing with a complaint if— the complainant has complained to the public entity as required under section 65 but the commissioner considers the public entity has not yet had an adequate opportunity to deal with the complaint; or the commissioner considers it is necessary to do so to ensure the complaint is dealt with appropriately under another law.\n(sec.70-ssec.4) In this section— law includes— the National Disability Insurance Scheme Act 2013 (Cwlth) or another law of the Commonwealth; and a law of another State.\n- (a) the commissioner considers there is a more appropriate course of action available under another law to deal with the subject of the complaint; or\n- (b) the commissioner considers the subject of the complaint has been appropriately dealt with by another entity; or\n- (c) the commissioner considers the requirements under section 65 for making the complaint have not been met; or\n- (d) the complaint was not made or referred to the commissioner within 1 year after the alleged contravention to which the complaint relates happened.\n- (a) the complainant does not comply with a reasonable request made by the commissioner in dealing with the complaint; or Example of a reasonable request— a request for information relevant to the complaint under section 78 (2)\n- (b) the commissioner is satisfied on reasonable grounds the complainant, without a reasonable excuse, has not cooperated in the commissioner’s dealing with the complaint; or\n- (c) the commissioner can not make contact with the complainant.\n- (a) the complainant has complained to the public entity as required under section 65 but the commissioner considers the public entity has not yet had an adequate opportunity to deal with the complaint; or\n- (b) the commissioner considers it is necessary to do so to ensure the complaint is dealt with appropriately under another law.\n- (a) the National Disability Insurance Scheme Act 2013 (Cwlth) or another law of the Commonwealth; and\n- (b) a law of another State.","sortOrder":84},{"sectionNumber":"sec.71","sectionType":"section","heading":"Notice about refusing to deal, or deferring dealing, with complaint","content":"### sec.71 Notice about refusing to deal, or deferring dealing, with complaint\n\nIf the commissioner refuses to deal, or to continue to deal, with a human rights complaint or defers dealing with a complaint, the commissioner must give the complainant and respondent notice of the refusal or deferral and the reasons for the refusal or deferral.\nHowever, the commissioner need not give the notice to the respondent if the commissioner considers it is not appropriate in the circumstances to do so.\nThe respondent is not aware of the complaint or has not been contacted by the commissioner in relation to the complaint.\n(sec.71-ssec.1) If the commissioner refuses to deal, or to continue to deal, with a human rights complaint or defers dealing with a complaint, the commissioner must give the complainant and respondent notice of the refusal or deferral and the reasons for the refusal or deferral.\n(sec.71-ssec.2) However, the commissioner need not give the notice to the respondent if the commissioner considers it is not appropriate in the circumstances to do so. The respondent is not aware of the complaint or has not been contacted by the commissioner in relation to the complaint.","sortOrder":85},{"sectionNumber":"sec.72","sectionType":"section","heading":"When complaint lapses","content":"### sec.72 When complaint lapses\n\nIf the commissioner refuses to deal, or to continue to deal, with a human rights complaint—\nthe complaint lapses; and\nthe complainant can not make a further complaint relating to the alleged contravention the subject of the complaint.\nSubsection (1) (b) does not apply to a human rights complaint the commissioner refuses to deal with under section 70 (1) (c) .\n(sec.72-ssec.1) If the commissioner refuses to deal, or to continue to deal, with a human rights complaint— the complaint lapses; and the complainant can not make a further complaint relating to the alleged contravention the subject of the complaint.\n(sec.72-ssec.2) Subsection (1) (b) does not apply to a human rights complaint the commissioner refuses to deal with under section 70 (1) (c) .\n- (a) the complaint lapses; and\n- (b) the complainant can not make a further complaint relating to the alleged contravention the subject of the complaint.","sortOrder":86},{"sectionNumber":"sec.73","sectionType":"section","heading":"Commissioner may refer human rights complaint to other entities","content":"### sec.73 Commissioner may refer human rights complaint to other entities\n\nIf the subject of a human rights complaint could be the subject of a complaint under the Ombudsman Act 2001 , the commissioner may refer the human rights complaint to the ombudsman.\nIf the subject of a human rights complaint could be the subject of a health service complaint under the Health Ombudsman Act 2013 , the commissioner may refer the human rights complaint to the health ombudsman.\nIf the subject of a human rights complaint could be the subject of a complaint about corruption made under the Crime and Corruption Act 2001 , the commissioner may refer the human rights complaint to the Crime and Corruption Commission.\nIf the subject of a human rights complaint could be the subject of a privacy complaint under the Information Privacy Act 2009 , the commissioner may refer the human rights complaint to the information commissioner.\nIf the subject of a human rights complaint could be the subject of an NDIS complaint, the commissioner may refer the human rights complaint to the NDIS commissioner.\nHowever, the commissioner may only refer a human rights complaint under this section—\nwith the complainant’s consent; and\nif the commissioner considers the complaint would be more appropriately dealt with by the entity to whom it is referred.\nIf the commissioner refers a human rights complaint to an entity under this section, the commissioner—\nmay, with the consent of the complainant, give the entity information about the complaint obtained by the commissioner under this part; and\nmust give the complainant a notice stating the complaint has been referred to the entity.\nIn this section—\nNDIS complaint means a complaint mentioned in the National Disability Insurance Scheme Act 2013 (Cwlth) , section 181G .\n(sec.73-ssec.1) If the subject of a human rights complaint could be the subject of a complaint under the Ombudsman Act 2001 , the commissioner may refer the human rights complaint to the ombudsman.\n(sec.73-ssec.2) If the subject of a human rights complaint could be the subject of a health service complaint under the Health Ombudsman Act 2013 , the commissioner may refer the human rights complaint to the health ombudsman.\n(sec.73-ssec.3) If the subject of a human rights complaint could be the subject of a complaint about corruption made under the Crime and Corruption Act 2001 , the commissioner may refer the human rights complaint to the Crime and Corruption Commission.\n(sec.73-ssec.4) If the subject of a human rights complaint could be the subject of a privacy complaint under the Information Privacy Act 2009 , the commissioner may refer the human rights complaint to the information commissioner.\n(sec.73-ssec.5) If the subject of a human rights complaint could be the subject of an NDIS complaint, the commissioner may refer the human rights complaint to the NDIS commissioner.\n(sec.73-ssec.6) However, the commissioner may only refer a human rights complaint under this section— with the complainant’s consent; and if the commissioner considers the complaint would be more appropriately dealt with by the entity to whom it is referred.\n(sec.73-ssec.7) If the commissioner refers a human rights complaint to an entity under this section, the commissioner— may, with the consent of the complainant, give the entity information about the complaint obtained by the commissioner under this part; and must give the complainant a notice stating the complaint has been referred to the entity.\n(sec.73-ssec.8) In this section— NDIS complaint means a complaint mentioned in the National Disability Insurance Scheme Act 2013 (Cwlth) , section 181G .\n- (a) with the complainant’s consent; and\n- (b) if the commissioner considers the complaint would be more appropriately dealt with by the entity to whom it is referred.\n- (a) may, with the consent of the complainant, give the entity information about the complaint obtained by the commissioner under this part; and\n- (b) must give the complainant a notice stating the complaint has been referred to the entity.","sortOrder":87},{"sectionNumber":"sec.74","sectionType":"section","heading":"Commissioner may enter into arrangements with other entities","content":"### sec.74 Commissioner may enter into arrangements with other entities\n\nThe commissioner and a referral entity may enter into an arrangement about—\nthe human rights complaints the commissioner should refer to the entity because they would be more appropriately dealt with by the entity; or\nthe complaints made under a referral Act the referral entity should refer to the commissioner because they—\nrelate to decisions or other actions for which the commission has jurisdiction; and\nwould be more appropriately dealt with by the commission under this part; or\nhow to deal with a complaint or other matter under a referral Act that could also form the basis of a human rights complaint; or\ncooperating in the performance of the commissioner’s and the entity’s functions to ensure the effective operation of this part and a referral Act.\nThe commissioner and the NDIS commissioner may enter into an arrangement about—\nthe human rights complaints the commissioner should refer to the NDIS commissioner because they would be more appropriately dealt with by the NDIS commissioner; or\ncooperating in the performance of the commissioner’s and the NDIS commissioner’s functions to ensure the effective operation of this part and the National Disability Insurance Scheme Act 2013 (Cwlth) .\nIf an arrangement provides for a referral as mentioned in subsection (1) (a) or (b) or (2) (a) , the arrangement must also provide for how the referral is made.\nThe commissioner and an entity with whom an arrangement has been entered into under this section may perform their functions in accordance with the arrangement.\n(sec.74-ssec.1) The commissioner and a referral entity may enter into an arrangement about— the human rights complaints the commissioner should refer to the entity because they would be more appropriately dealt with by the entity; or the complaints made under a referral Act the referral entity should refer to the commissioner because they— relate to decisions or other actions for which the commission has jurisdiction; and would be more appropriately dealt with by the commission under this part; or how to deal with a complaint or other matter under a referral Act that could also form the basis of a human rights complaint; or cooperating in the performance of the commissioner’s and the entity’s functions to ensure the effective operation of this part and a referral Act.\n(sec.74-ssec.2) The commissioner and the NDIS commissioner may enter into an arrangement about— the human rights complaints the commissioner should refer to the NDIS commissioner because they would be more appropriately dealt with by the NDIS commissioner; or cooperating in the performance of the commissioner’s and the NDIS commissioner’s functions to ensure the effective operation of this part and the National Disability Insurance Scheme Act 2013 (Cwlth) .\n(sec.74-ssec.3) If an arrangement provides for a referral as mentioned in subsection (1) (a) or (b) or (2) (a) , the arrangement must also provide for how the referral is made.\n(sec.74-ssec.4) The commissioner and an entity with whom an arrangement has been entered into under this section may perform their functions in accordance with the arrangement.\n- (a) the human rights complaints the commissioner should refer to the entity because they would be more appropriately dealt with by the entity; or\n- (b) the complaints made under a referral Act the referral entity should refer to the commissioner because they— (i) relate to decisions or other actions for which the commission has jurisdiction; and (ii) would be more appropriately dealt with by the commission under this part; or\n- (i) relate to decisions or other actions for which the commission has jurisdiction; and\n- (ii) would be more appropriately dealt with by the commission under this part; or\n- (c) how to deal with a complaint or other matter under a referral Act that could also form the basis of a human rights complaint; or\n- (d) cooperating in the performance of the commissioner’s and the entity’s functions to ensure the effective operation of this part and a referral Act.\n- (i) relate to decisions or other actions for which the commission has jurisdiction; and\n- (ii) would be more appropriately dealt with by the commission under this part; or\n- (a) the human rights complaints the commissioner should refer to the NDIS commissioner because they would be more appropriately dealt with by the NDIS commissioner; or\n- (b) cooperating in the performance of the commissioner’s and the NDIS commissioner’s functions to ensure the effective operation of this part and the National Disability Insurance Scheme Act 2013 (Cwlth) .","sortOrder":88},{"sectionNumber":"sec.75","sectionType":"section","heading":"Dealing with human rights complaint under Anti-Discrimination Act 1991","content":"### sec.75 Dealing with human rights complaint under Anti-Discrimination Act 1991\n\nThis section applies if the commissioner considers a human rights complaint made or referred to the commissioner would be more appropriately dealt with by the commission as a complaint about an alleged contravention of the Anti-Discrimination Act 1991 .\nThe commissioner may, with the consent of the complainant, deal with the complaint under the Anti-Discrimination Act 1991 as an alleged contravention of that Act.\nFor dealing with the complaint as mentioned in subsection (2) , the complaint—\nis taken to be a complaint about an alleged contravention of the Anti-Discrimination Act 1991 that is accepted by the commissioner under section 141 of that Act; and\nis taken to be made on the day the human rights complaint was made or referred.\n(sec.75-ssec.1) This section applies if the commissioner considers a human rights complaint made or referred to the commissioner would be more appropriately dealt with by the commission as a complaint about an alleged contravention of the Anti-Discrimination Act 1991 .\n(sec.75-ssec.2) The commissioner may, with the consent of the complainant, deal with the complaint under the Anti-Discrimination Act 1991 as an alleged contravention of that Act.\n(sec.75-ssec.3) For dealing with the complaint as mentioned in subsection (2) , the complaint— is taken to be a complaint about an alleged contravention of the Anti-Discrimination Act 1991 that is accepted by the commissioner under section 141 of that Act; and is taken to be made on the day the human rights complaint was made or referred.\n- (a) is taken to be a complaint about an alleged contravention of the Anti-Discrimination Act 1991 that is accepted by the commissioner under section 141 of that Act; and\n- (b) is taken to be made on the day the human rights complaint was made or referred.","sortOrder":89},{"sectionNumber":"sec.76","sectionType":"section","heading":"Acceptance of human rights complaint by commissioner","content":"### sec.76 Acceptance of human rights complaint by commissioner\n\nIf the commissioner decides to accept a human rights complaint for resolution by the commission, the commissioner must give the complainant and respondent notice of its acceptance.\nThe notice must state—\nthe role of the commission in trying to resolve the complaint; and\nthe powers the commissioner may exercise in trying to resolve the complaint.\nThe notice given to the respondent must also state—\nthe substance of the complaint; and\nthat the respondent will be given an opportunity to make submissions in writing in response to the complaint; and\nthat the respondent must advise the commissioner of the respondent’s address for service; and\nthat the commissioner may seek information or documents from the respondent in relation to the complaint.\n(sec.76-ssec.1) If the commissioner decides to accept a human rights complaint for resolution by the commission, the commissioner must give the complainant and respondent notice of its acceptance.\n(sec.76-ssec.2) The notice must state— the role of the commission in trying to resolve the complaint; and the powers the commissioner may exercise in trying to resolve the complaint.\n(sec.76-ssec.3) The notice given to the respondent must also state— the substance of the complaint; and that the respondent will be given an opportunity to make submissions in writing in response to the complaint; and that the respondent must advise the commissioner of the respondent’s address for service; and that the commissioner may seek information or documents from the respondent in relation to the complaint.\n- (a) the role of the commission in trying to resolve the complaint; and\n- (b) the powers the commissioner may exercise in trying to resolve the complaint.\n- (a) the substance of the complaint; and\n- (b) that the respondent will be given an opportunity to make submissions in writing in response to the complaint; and\n- (c) that the respondent must advise the commissioner of the respondent’s address for service; and\n- (d) that the commissioner may seek information or documents from the respondent in relation to the complaint.","sortOrder":90},{"sectionNumber":"sec.77","sectionType":"section","heading":"Dealing with human rights complaint—generally","content":"### sec.77 Dealing with human rights complaint—generally\n\nIf the commissioner decides to accept a human rights complaint for resolution by the commission, the commissioner may take the reasonable action the commissioner considers appropriate to try to resolve the complaint.\nWithout limiting subsection (1) , the commissioner may—\nask the respondent to make submissions to the commission in writing in response to the complaint; or\ngive the complainant a copy of the respondent’s written submissions; or\nask or direct the complainant or respondent to give the commissioner information relevant to the complaint, including under section 78 ; or\nmake enquiries of, and discuss the complaint with, the complainant and the respondent; or\ncause the complaint to be conciliated under subdivision 4 .\n(sec.77-ssec.1) If the commissioner decides to accept a human rights complaint for resolution by the commission, the commissioner may take the reasonable action the commissioner considers appropriate to try to resolve the complaint.\n(sec.77-ssec.2) Without limiting subsection (1) , the commissioner may— ask the respondent to make submissions to the commission in writing in response to the complaint; or give the complainant a copy of the respondent’s written submissions; or ask or direct the complainant or respondent to give the commissioner information relevant to the complaint, including under section 78 ; or make enquiries of, and discuss the complaint with, the complainant and the respondent; or cause the complaint to be conciliated under subdivision 4 .\n- (a) ask the respondent to make submissions to the commission in writing in response to the complaint; or\n- (b) give the complainant a copy of the respondent’s written submissions; or\n- (c) ask or direct the complainant or respondent to give the commissioner information relevant to the complaint, including under section 78 ; or\n- (d) make enquiries of, and discuss the complaint with, the complainant and the respondent; or\n- (e) cause the complaint to be conciliated under subdivision 4 .","sortOrder":91},{"sectionNumber":"sec.78","sectionType":"section","heading":"Commissioner may ask or direct relevant entity to give information","content":"### sec.78 Commissioner may ask or direct relevant entity to give information\n\nThis section applies in relation to the commissioner for making preliminary inquiries under section 68 or dealing with a human rights complaint under this division.\nThe commissioner may, by notice given to a relevant entity for the complaint, ask or direct the entity to give the commissioner information about the complaint within the reasonable period stated in the notice.\nThe notice must state the purpose for making the request.\nFor information in an electronic document, compliance with the request or direction requires the giving of a clear image or written version of the electronic document.\nThe entity must comply with a direction unless the entity has a reasonable excuse.\nIt is a reasonable excuse for an entity to fail to comply with a direction because, for example, complying with the direction would require the entity to disclose information that is the subject of legal professional privilege.\nThe commissioner may enforce a direction by filing a copy of it with a court of competent jurisdiction.\nThe direction is then enforceable as if it were an order of the court.\nIn this section—\ninformation includes a document.\nrelevant entity , for a human rights complaint, means—\nthe complainant or respondent for the complaint; or\nanother entity the commissioner considers has information relevant to the complaint in the entity’s possession or control.\n(sec.78-ssec.1) This section applies in relation to the commissioner for making preliminary inquiries under section 68 or dealing with a human rights complaint under this division.\n(sec.78-ssec.2) The commissioner may, by notice given to a relevant entity for the complaint, ask or direct the entity to give the commissioner information about the complaint within the reasonable period stated in the notice.\n(sec.78-ssec.3) The notice must state the purpose for making the request.\n(sec.78-ssec.4) For information in an electronic document, compliance with the request or direction requires the giving of a clear image or written version of the electronic document.\n(sec.78-ssec.5) The entity must comply with a direction unless the entity has a reasonable excuse.\n(sec.78-ssec.6) It is a reasonable excuse for an entity to fail to comply with a direction because, for example, complying with the direction would require the entity to disclose information that is the subject of legal professional privilege.\n(sec.78-ssec.7) The commissioner may enforce a direction by filing a copy of it with a court of competent jurisdiction.\n(sec.78-ssec.8) The direction is then enforceable as if it were an order of the court.\n(sec.78-ssec.9) In this section— information includes a document. relevant entity , for a human rights complaint, means— the complainant or respondent for the complaint; or another entity the commissioner considers has information relevant to the complaint in the entity’s possession or control.\n- (a) the complainant or respondent for the complaint; or\n- (b) another entity the commissioner considers has information relevant to the complaint in the entity’s possession or control.","sortOrder":92},{"sectionNumber":"sec.79","sectionType":"section","heading":"Commissioner may conduct conciliation conference","content":"### sec.79 Commissioner may conduct conciliation conference\n\nIf the commissioner decides to accept a human rights complaint for resolution by the commission, the commissioner may conduct a conference (a conciliation conference ) under this subdivision for the purpose of conciliating the complaint.","sortOrder":93},{"sectionNumber":"sec.80","sectionType":"section","heading":"Purpose of conciliation","content":"### sec.80 Purpose of conciliation\n\nThe purpose of conciliation of a human rights complaint is to promote the resolution of the complaint in a way that is informal, quick and efficient.","sortOrder":94},{"sectionNumber":"sec.81","sectionType":"section","heading":"Attendance at conciliation conference","content":"### sec.81 Attendance at conciliation conference\n\nThe commissioner may direct a person to take part in a conciliation conference.\nThe commissioner may enforce the direction by filing a copy of it with a court of competent jurisdiction.\nThe direction is then enforceable as if it were an order of the court.\n(sec.81-ssec.1) The commissioner may direct a person to take part in a conciliation conference.\n(sec.81-ssec.2) The commissioner may enforce the direction by filing a copy of it with a court of competent jurisdiction.\n(sec.81-ssec.3) The direction is then enforceable as if it were an order of the court.","sortOrder":95},{"sectionNumber":"sec.82","sectionType":"section","heading":"Attendance by complainant","content":"### sec.82 Attendance by complainant\n\nThe complainant for a human rights complaint the subject of conciliation must attend the conciliation conference in person unless—\nthe complainant is a child or a person with impaired capacity; or\nthe commissioner consents to another person attending the conciliation conference for the complainant.\nThe complainant may, with the commissioner’s consent, be accompanied at the conciliation conference by a support person.\nIn this section—\nimpaired capacity see the Guardianship and Administration Act 2000 , schedule 4 .\n(sec.82-ssec.1) The complainant for a human rights complaint the subject of conciliation must attend the conciliation conference in person unless— the complainant is a child or a person with impaired capacity; or the commissioner consents to another person attending the conciliation conference for the complainant.\n(sec.82-ssec.2) The complainant may, with the commissioner’s consent, be accompanied at the conciliation conference by a support person.\n(sec.82-ssec.3) In this section— impaired capacity see the Guardianship and Administration Act 2000 , schedule 4 .\n- (a) the complainant is a child or a person with impaired capacity; or\n- (b) the commissioner consents to another person attending the conciliation conference for the complainant.","sortOrder":96},{"sectionNumber":"sec.83","sectionType":"section","heading":"Representation","content":"### sec.83 Representation\n\nA person may be represented by another person (a representative ) at a conciliation conference only with the commissioner’s consent.\nThe commissioner may give consent for subsection (1) if satisfied—\nit is appropriate in the circumstances for the person to be represented; and\nthe person’s representation by the representative would help the conciliation; and\nthe representative has sufficient knowledge of matters relating to the complaint to effectively represent the person.\nThe commissioner may—\ngive the consent on conditions the commissioner considers reasonable; and\nwithdraw the consent if the person or the representative does not comply with the conditions.\n(sec.83-ssec.1) A person may be represented by another person (a representative ) at a conciliation conference only with the commissioner’s consent.\n(sec.83-ssec.2) The commissioner may give consent for subsection (1) if satisfied— it is appropriate in the circumstances for the person to be represented; and the person’s representation by the representative would help the conciliation; and the representative has sufficient knowledge of matters relating to the complaint to effectively represent the person.\n(sec.83-ssec.3) The commissioner may— give the consent on conditions the commissioner considers reasonable; and withdraw the consent if the person or the representative does not comply with the conditions.\n- (a) it is appropriate in the circumstances for the person to be represented; and\n- (b) the person’s representation by the representative would help the conciliation; and\n- (c) the representative has sufficient knowledge of matters relating to the complaint to effectively represent the person.\n- (a) give the consent on conditions the commissioner considers reasonable; and\n- (b) withdraw the consent if the person or the representative does not comply with the conditions.","sortOrder":97},{"sectionNumber":"sec.84","sectionType":"section","heading":"Use of interpreters and other persons","content":"### sec.84 Use of interpreters and other persons\n\nA person may be helped at a conciliation conference by—\nan interpreter; or\nanother person necessary or desirable to make the conciliation conference intelligible to the person, including, for example, a person with appropriate cultural or social knowledge and experience.\n- (a) an interpreter; or\n- (b) another person necessary or desirable to make the conciliation conference intelligible to the person, including, for example, a person with appropriate cultural or social knowledge and experience.","sortOrder":98},{"sectionNumber":"sec.85","sectionType":"section","heading":"Conduct of conciliation conference","content":"### sec.85 Conduct of conciliation conference\n\nIn conducting a conciliation conference, the commissioner is not bound by the rules of evidence.\nA conciliation conference must be held in private.\n(sec.85-ssec.1) In conducting a conciliation conference, the commissioner is not bound by the rules of evidence.\n(sec.85-ssec.2) A conciliation conference must be held in private.","sortOrder":99},{"sectionNumber":"sec.86","sectionType":"section","heading":"Confidentiality of conciliation conference","content":"### sec.86 Confidentiality of conciliation conference\n\nNothing said or done in the course of a conciliation conference for a human rights complaint is admissible in any criminal, civil or administrative proceeding, unless the complainant and respondent for the complaint agree.","sortOrder":100},{"sectionNumber":"sec.87","sectionType":"section","heading":"Conciliation does not affect other rights","content":"### sec.87 Conciliation does not affect other rights\n\nA person’s participation in a conciliation conference under this division does not affect a right the person may have to seek any relief or remedy the person may have in relation to a contravention of section 58 (1) .","sortOrder":101},{"sectionNumber":"sec.88","sectionType":"section","heading":"Report about unresolved human rights complaint","content":"### sec.88 Report about unresolved human rights complaint\n\nThis section applies in relation to a human rights complaint accepted by the commissioner for resolution by the commission if the commissioner considers the complaint has not been resolved by conciliation or otherwise.\nThe commissioner must prepare a report about the complaint as soon as practicable after the commission has finished dealing with the complaint.\nThe report must include—\nthe substance of the complaint; and\nthe actions taken to try to resolve the complaint.\nThe report may include details of action the commissioner considers the respondent for the complaint should take to ensure its acts and decisions are compatible with human rights.\nThe commissioner must give a copy of the report to the complainant and respondent.\nThe report is not admissible in a proceeding in relation to a contravention of this Act, unless the complainant and respondent agree.\n(sec.88-ssec.1) This section applies in relation to a human rights complaint accepted by the commissioner for resolution by the commission if the commissioner considers the complaint has not been resolved by conciliation or otherwise.\n(sec.88-ssec.2) The commissioner must prepare a report about the complaint as soon as practicable after the commission has finished dealing with the complaint.\n(sec.88-ssec.3) The report must include— the substance of the complaint; and the actions taken to try to resolve the complaint.\n(sec.88-ssec.4) The report may include details of action the commissioner considers the respondent for the complaint should take to ensure its acts and decisions are compatible with human rights.\n(sec.88-ssec.5) The commissioner must give a copy of the report to the complainant and respondent.\n(sec.88-ssec.6) The report is not admissible in a proceeding in relation to a contravention of this Act, unless the complainant and respondent agree.\n- (a) the substance of the complaint; and\n- (b) the actions taken to try to resolve the complaint.","sortOrder":102},{"sectionNumber":"sec.89","sectionType":"section","heading":"Notice about resolved human rights complaint","content":"### sec.89 Notice about resolved human rights complaint\n\nThis section applies in relation to a human rights complaint accepted by the commissioner for resolution by the commission if the commissioner considers the complaint has been resolved.\nThe commissioner must, as soon as practicable after the complaint is resolved, give the complainant and respondent a notice stating—\nthe outcome of the resolution of the complaint; and\nthat the commission has finished dealing with the complaint.\n(sec.89-ssec.1) This section applies in relation to a human rights complaint accepted by the commissioner for resolution by the commission if the commissioner considers the complaint has been resolved.\n(sec.89-ssec.2) The commissioner must, as soon as practicable after the complaint is resolved, give the complainant and respondent a notice stating— the outcome of the resolution of the complaint; and that the commission has finished dealing with the complaint.\n- (a) the outcome of the resolution of the complaint; and\n- (b) that the commission has finished dealing with the complaint.","sortOrder":103},{"sectionNumber":"sec.90","sectionType":"section","heading":"Commissioner may publish information","content":"### sec.90 Commissioner may publish information\n\nThe commissioner may publish information about a human rights complaint that the commission has finished dealing with.\nThe publication—\nmay include the substance of the complaint; and\nmay draw on information about the complaint contained in a report prepared under section 88 or a notice given under section 89 ; and\nmust not include personal information about an individual unless the information has previously been published, or given for the purpose of publication, by the individual.\n(sec.90-ssec.1) The commissioner may publish information about a human rights complaint that the commission has finished dealing with.\n(sec.90-ssec.2) The publication— may include the substance of the complaint; and may draw on information about the complaint contained in a report prepared under section 88 or a notice given under section 89 ; and must not include personal information about an individual unless the information has previously been published, or given for the purpose of publication, by the individual.\n- (a) may include the substance of the complaint; and\n- (b) may draw on information about the complaint contained in a report prepared under section 88 or a notice given under section 89 ; and\n- (c) must not include personal information about an individual unless the information has previously been published, or given for the purpose of publication, by the individual.","sortOrder":104},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Reporting requirements","content":"## Reporting requirements","sortOrder":105},{"sectionNumber":"sec.91","sectionType":"section","heading":"Annual report","content":"### sec.91 Annual report\n\nAs soon as practicable after the end of each financial year, the commissioner must prepare a report (an annual report ) about the operation of this Act during the year.\nThe report must include the following information for the financial year—\ndetails of any examination of the interaction between this Act and other Acts, statutory instruments and the common law;\ndetails of all declarations of incompatibility made;\ndetails of all override declarations made;\ndetails of all interventions by the Attorney-General or the commission under section 50 or 51 ;\nthe number of human rights complaints made or referred to the commissioner;\nthe outcome of human rights complaints accepted by the commissioner for resolution by the commission, including whether or not the complaints were resolved by conciliation or otherwise;\nthe number of human rights complaints resolved by the commission;\nthe number of conciliation conferences conducted under this part;\nthe number of public entities that were asked or directed to take part in a conciliation conference, and the number that failed to comply with a direction to take part;\nthe number of human rights complaints received by particular public entities decided by the commissioner.\nThe report may include other information the commissioner considers appropriate, including, for example, the names of public entities and details of action, mentioned in section 88 (4) , relating to human rights complaints that have not been resolved.\nHowever, the report must not include personal information about an individual unless the information has previously been published, or given for the purpose of publication, by the individual.\nThe commissioner must give the report to the Attorney-General as soon as practicable after it is prepared.\n(sec.91-ssec.1) As soon as practicable after the end of each financial year, the commissioner must prepare a report (an annual report ) about the operation of this Act during the year.\n(sec.91-ssec.2) The report must include the following information for the financial year— details of any examination of the interaction between this Act and other Acts, statutory instruments and the common law; details of all declarations of incompatibility made; details of all override declarations made; details of all interventions by the Attorney-General or the commission under section 50 or 51 ; the number of human rights complaints made or referred to the commissioner; the outcome of human rights complaints accepted by the commissioner for resolution by the commission, including whether or not the complaints were resolved by conciliation or otherwise; the number of human rights complaints resolved by the commission; the number of conciliation conferences conducted under this part; the number of public entities that were asked or directed to take part in a conciliation conference, and the number that failed to comply with a direction to take part; the number of human rights complaints received by particular public entities decided by the commissioner.\n(sec.91-ssec.3) The report may include other information the commissioner considers appropriate, including, for example, the names of public entities and details of action, mentioned in section 88 (4) , relating to human rights complaints that have not been resolved.\n(sec.91-ssec.4) However, the report must not include personal information about an individual unless the information has previously been published, or given for the purpose of publication, by the individual.\n(sec.91-ssec.5) The commissioner must give the report to the Attorney-General as soon as practicable after it is prepared.\n- (a) details of any examination of the interaction between this Act and other Acts, statutory instruments and the common law;\n- (b) details of all declarations of incompatibility made;\n- (c) details of all override declarations made;\n- (d) details of all interventions by the Attorney-General or the commission under section 50 or 51 ;\n- (e) the number of human rights complaints made or referred to the commissioner;\n- (f) the outcome of human rights complaints accepted by the commissioner for resolution by the commission, including whether or not the complaints were resolved by conciliation or otherwise;\n- (g) the number of human rights complaints resolved by the commission;\n- (h) the number of conciliation conferences conducted under this part;\n- (i) the number of public entities that were asked or directed to take part in a conciliation conference, and the number that failed to comply with a direction to take part;\n- (j) the number of human rights complaints received by particular public entities decided by the commissioner.","sortOrder":106},{"sectionNumber":"sec.92","sectionType":"section","heading":"Other reports","content":"### sec.92 Other reports\n\nThe commissioner may prepare a report about a matter relevant to the performance of the commission’s or the commissioner’s functions under this Act.\nThe commissioner must, if asked by the Attorney-General, prepare a report about a matter mentioned in subsection (1) .\nThe commissioner must give a report prepared under subsection (2) to the Attorney-General as soon as practicable after it is prepared.\nA report prepared under this section must not include personal information about an individual unless the information has previously been published, or given for the purpose of publication, by the individual.\n(sec.92-ssec.1) The commissioner may prepare a report about a matter relevant to the performance of the commission’s or the commissioner’s functions under this Act.\n(sec.92-ssec.2) The commissioner must, if asked by the Attorney-General, prepare a report about a matter mentioned in subsection (1) .\n(sec.92-ssec.3) The commissioner must give a report prepared under subsection (2) to the Attorney-General as soon as practicable after it is prepared.\n(sec.92-ssec.4) A report prepared under this section must not include personal information about an individual unless the information has previously been published, or given for the purpose of publication, by the individual.","sortOrder":107},{"sectionNumber":"sec.93","sectionType":"section","heading":"Report containing adverse comment","content":"### sec.93 Report containing adverse comment\n\nThis section applies if the commissioner proposes to make an adverse comment about a person in a report prepared under section 88 or this division.\nBefore preparing the report, the commissioner must give the person an opportunity to make submissions to the commissioner about the proposed adverse comment.\nIf the person makes submissions and the commissioner still proposes to make the adverse comment, the commissioner must ensure the person’s response is fairly stated in the report.\nFor this section, an adverse comment does not include a statement that a public entity did not participate in resolving a human rights complaint.\n(sec.93-ssec.1) This section applies if the commissioner proposes to make an adverse comment about a person in a report prepared under section 88 or this division.\n(sec.93-ssec.2) Before preparing the report, the commissioner must give the person an opportunity to make submissions to the commissioner about the proposed adverse comment.\n(sec.93-ssec.3) If the person makes submissions and the commissioner still proposes to make the adverse comment, the commissioner must ensure the person’s response is fairly stated in the report.\n(sec.93-ssec.4) For this section, an adverse comment does not include a statement that a public entity did not participate in resolving a human rights complaint.","sortOrder":108},{"sectionNumber":"sec.94","sectionType":"section","heading":"Attorney-General to table reports","content":"### sec.94 Attorney-General to table reports\n\nThe Attorney-General must table a copy of each annual report, and each report given to the Attorney-General under section 92 (3) , in the Legislative Assembly within 6 sitting days after receiving the report.","sortOrder":109},{"sectionNumber":"pt.5","sectionType":"part","heading":"General","content":"# General","sortOrder":110},{"sectionNumber":"sec.95","sectionType":"section","heading":"First review of Act","content":"### sec.95 First review of Act\n\nThe Attorney-General must ensure the operation of this Act before 1 July 2023 is reviewed as soon as practicable after that date.\nThe review must be carried out by an independent and appropriately qualified person.\nThe terms of reference for the review are the terms decided by the Attorney-General.\nThe review must include consideration of the following—\nwhether additional human rights should be included as human rights under this Act, including, but not limited to, rights under—\nthe International Covenant on Economic, Social and Cultural Rights; or\nthe Convention on the Rights of the Child; or\nthe Convention on the Rights of Persons with Disabilities; or\nthe Convention on the Elimination of All Forms of Discrimination against Women;\nwhether further or different provision should be made in this Act about proceedings that may be brought or remedies that may be awarded in relation to acts or decisions of public entities made unlawful because of this Act;\nwhether the amendments made by this Act to the Corrective Services Act 2006 and the Youth Justice Act 1992 are operating effectively, or further or different provision should be made for the interrelationship between this Act and those Acts.\nThe Attorney-General must table a copy of the report about the outcome of the review in the Legislative Assembly within 14 sitting days after receiving the report.\n(sec.95-ssec.1) The Attorney-General must ensure the operation of this Act before 1 July 2023 is reviewed as soon as practicable after that date.\n(sec.95-ssec.2) The review must be carried out by an independent and appropriately qualified person.\n(sec.95-ssec.3) The terms of reference for the review are the terms decided by the Attorney-General.\n(sec.95-ssec.4) The review must include consideration of the following— whether additional human rights should be included as human rights under this Act, including, but not limited to, rights under— the International Covenant on Economic, Social and Cultural Rights; or the Convention on the Rights of the Child; or the Convention on the Rights of Persons with Disabilities; or the Convention on the Elimination of All Forms of Discrimination against Women; whether further or different provision should be made in this Act about proceedings that may be brought or remedies that may be awarded in relation to acts or decisions of public entities made unlawful because of this Act; whether the amendments made by this Act to the Corrective Services Act 2006 and the Youth Justice Act 1992 are operating effectively, or further or different provision should be made for the interrelationship between this Act and those Acts.\n(sec.95-ssec.5) The Attorney-General must table a copy of the report about the outcome of the review in the Legislative Assembly within 14 sitting days after receiving the report.\n- (a) whether additional human rights should be included as human rights under this Act, including, but not limited to, rights under— (i) the International Covenant on Economic, Social and Cultural Rights; or (ii) the Convention on the Rights of the Child; or (iii) the Convention on the Rights of Persons with Disabilities; or (iv) the Convention on the Elimination of All Forms of Discrimination against Women;\n- (i) the International Covenant on Economic, Social and Cultural Rights; or\n- (ii) the Convention on the Rights of the Child; or\n- (iii) the Convention on the Rights of Persons with Disabilities; or\n- (iv) the Convention on the Elimination of All Forms of Discrimination against Women;\n- (b) whether further or different provision should be made in this Act about proceedings that may be brought or remedies that may be awarded in relation to acts or decisions of public entities made unlawful because of this Act;\n- (c) whether the amendments made by this Act to the Corrective Services Act 2006 and the Youth Justice Act 1992 are operating effectively, or further or different provision should be made for the interrelationship between this Act and those Acts.\n- (i) the International Covenant on Economic, Social and Cultural Rights; or\n- (ii) the Convention on the Rights of the Child; or\n- (iii) the Convention on the Rights of Persons with Disabilities; or\n- (iv) the Convention on the Elimination of All Forms of Discrimination against Women;","sortOrder":111},{"sectionNumber":"sec.96","sectionType":"section","heading":"Further review of Act","content":"### sec.96 Further review of Act\n\nThe Attorney-General must ensure the operation of this Act after 30 June 2023 is reviewed—\nas soon as practicable after 1 July 2027; or\nif the Attorney-General considers it appropriate—at any time after the Attorney-General tables the report mentioned in section 95 but before 1 July 2027.\nThe review must be carried out by an independent and appropriately qualified person.\nThe terms of reference for the review are the terms decided by the Attorney-General.\nWithout limiting subsection (3) , the review must include consideration of the matters mentioned in section 95 (4) .\nThe Attorney-General must table a copy of the report about the outcome of the review in the Legislative Assembly within 14 sitting days after receiving the report.\nThe report must include a recommendation about whether a further review of this Act is necessary.\n(sec.96-ssec.1) The Attorney-General must ensure the operation of this Act after 30 June 2023 is reviewed— as soon as practicable after 1 July 2027; or if the Attorney-General considers it appropriate—at any time after the Attorney-General tables the report mentioned in section 95 but before 1 July 2027.\n(sec.96-ssec.2) The review must be carried out by an independent and appropriately qualified person.\n(sec.96-ssec.3) The terms of reference for the review are the terms decided by the Attorney-General.\n(sec.96-ssec.4) Without limiting subsection (3) , the review must include consideration of the matters mentioned in section 95 (4) .\n(sec.96-ssec.5) The Attorney-General must table a copy of the report about the outcome of the review in the Legislative Assembly within 14 sitting days after receiving the report.\n(sec.96-ssec.6) The report must include a recommendation about whether a further review of this Act is necessary.\n- (a) as soon as practicable after 1 July 2027; or\n- (b) if the Attorney-General considers it appropriate—at any time after the Attorney-General tables the report mentioned in section 95 but before 1 July 2027.","sortOrder":112},{"sectionNumber":"sec.97","sectionType":"section","heading":"Reporting requirements for certain public entities","content":"### sec.97 Reporting requirements for certain public entities\n\nThis section applies to a public entity that is required under the Financial Accountability Act 2009 , section 63 , to prepare an annual report.\nThe entity must include in each annual report—\ndetails of any actions taken during the reporting period to further the objects of this Act; and\ndetails of any human rights complaints received by the entity, including—\nthe number of complaints received; and\nthe outcome of the complaints; and\nany other information prescribed by regulation relating to complaints; and\ndetails of any review of policies, programs, procedures, practices or services undertaken in relation to their compatibility with human rights.\n(sec.97-ssec.1) This section applies to a public entity that is required under the Financial Accountability Act 2009 , section 63 , to prepare an annual report.\n(sec.97-ssec.2) The entity must include in each annual report— details of any actions taken during the reporting period to further the objects of this Act; and details of any human rights complaints received by the entity, including— the number of complaints received; and the outcome of the complaints; and any other information prescribed by regulation relating to complaints; and details of any review of policies, programs, procedures, practices or services undertaken in relation to their compatibility with human rights.\n- (a) details of any actions taken during the reporting period to further the objects of this Act; and\n- (b) details of any human rights complaints received by the entity, including— (i) the number of complaints received; and (ii) the outcome of the complaints; and (iii) any other information prescribed by regulation relating to complaints; and\n- (i) the number of complaints received; and\n- (ii) the outcome of the complaints; and\n- (iii) any other information prescribed by regulation relating to complaints; and\n- (c) details of any review of policies, programs, procedures, practices or services undertaken in relation to their compatibility with human rights.\n- (i) the number of complaints received; and\n- (ii) the outcome of the complaints; and\n- (iii) any other information prescribed by regulation relating to complaints; and","sortOrder":113},{"sectionNumber":"sec.98","sectionType":"section","heading":"Information request for reports","content":"### sec.98 Information request for reports\n\nThe commissioner may, by notice given to a public entity, ask the entity to give the commissioner information in the entity’s possession or control, other than personal information that is not publicly available, that the commissioner reasonably requires to prepare an annual report or a report under section 92 .\nThe notice must state—\nwhy the request has been made; and\nthe period within which the information is to be given.\nIf the commissioner asks a public entity for information under this section, the entity must comply with the request unless the entity has a reasonable excuse.\nMaximum penalty—100 penalty units.\nThe commissioner may use information obtained under this section only for the purpose for which it was requested.\n(sec.98-ssec.1) The commissioner may, by notice given to a public entity, ask the entity to give the commissioner information in the entity’s possession or control, other than personal information that is not publicly available, that the commissioner reasonably requires to prepare an annual report or a report under section 92 .\n(sec.98-ssec.2) The notice must state— why the request has been made; and the period within which the information is to be given.\n(sec.98-ssec.3) If the commissioner asks a public entity for information under this section, the entity must comply with the request unless the entity has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.98-ssec.4) The commissioner may use information obtained under this section only for the purpose for which it was requested.\n- (a) why the request has been made; and\n- (b) the period within which the information is to be given.","sortOrder":114},{"sectionNumber":"sec.99","sectionType":"section","heading":"Giving of information protected","content":"### sec.99 Giving of information protected\n\nThis section applies if a person, acting honestly, gives information under this Act to the commissioner or another entity in relation to a human rights complaint.\nThe person is not liable, civilly, criminally or under an administrative process, for giving the information.\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\n(sec.99-ssec.1) This section applies if a person, acting honestly, gives information under this Act to the commissioner or another entity in relation to a human rights complaint.\n(sec.99-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for giving the information.\n(sec.99-ssec.3) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.","sortOrder":115},{"sectionNumber":"sec.100","sectionType":"section","heading":"Anonymity","content":"### sec.100 Anonymity\n\nIf, any time while the commissioner is dealing with a human rights complaint, the commissioner considers that the preservation of anonymity of a person who is, or has been, involved in the complaint is necessary to protect the work security, privacy or any human right of the person, the commissioner may give a direction prohibiting the disclosure of information that identifies, or is likely to lead to the identification of, the person.\nA person must comply with a direction unless the person has a reasonable excuse.\nMaximum penalty—\nin the case of an individual—35 penalty units; or\nin the case of a corporation—170 penalty units.\nIn this section, a reference to involvement in a complaint includes—\nmaking a complaint under this Act and continuing with the complaint; and\nbeing a respondent to a complaint; and\ngiving information to a person who is performing a function under this Act.\n(sec.100-ssec.1) If, any time while the commissioner is dealing with a human rights complaint, the commissioner considers that the preservation of anonymity of a person who is, or has been, involved in the complaint is necessary to protect the work security, privacy or any human right of the person, the commissioner may give a direction prohibiting the disclosure of information that identifies, or is likely to lead to the identification of, the person.\n(sec.100-ssec.2) A person must comply with a direction unless the person has a reasonable excuse. Maximum penalty— in the case of an individual—35 penalty units; or in the case of a corporation—170 penalty units.\n(sec.100-ssec.3) In this section, a reference to involvement in a complaint includes— making a complaint under this Act and continuing with the complaint; and being a respondent to a complaint; and giving information to a person who is performing a function under this Act.\n- (a) in the case of an individual—35 penalty units; or\n- (b) in the case of a corporation—170 penalty units.\n- (a) making a complaint under this Act and continuing with the complaint; and\n- (b) being a respondent to a complaint; and\n- (c) giving information to a person who is performing a function under this Act.","sortOrder":116},{"sectionNumber":"sec.101","sectionType":"section","heading":"Proceedings for offences","content":"### sec.101 Proceedings for offences\n\nThe Anti-Discrimination Act 1991 , section 226 applies in relation to a proceeding for an offence against this Act.","sortOrder":117},{"sectionNumber":"sec.102","sectionType":"section","heading":"Address for service","content":"### sec.102 Address for service\n\nThe address for service of a complainant or a respondent for a human rights complaint as advised to the commissioner must be a residential or business address, a post office box address, or an email address.","sortOrder":118},{"sectionNumber":"sec.103","sectionType":"section","heading":"No address for service advised","content":"### sec.103 No address for service advised\n\nThis section applies if the address for service of a party to a human rights complaint is not known—\nbecause of the party’s failure to comply with a requirement for advising an address for service; or\nbecause the party is a respondent, and has not yet been notified under section 76 .\nThe party’s address for service is taken to be—\nfor an individual—the individual’s last known place of residence or business; or\nfor a public entity—the entity’s principal office.\n(sec.103-ssec.1) This section applies if the address for service of a party to a human rights complaint is not known— because of the party’s failure to comply with a requirement for advising an address for service; or because the party is a respondent, and has not yet been notified under section 76 .\n(sec.103-ssec.2) The party’s address for service is taken to be— for an individual—the individual’s last known place of residence or business; or for a public entity—the entity’s principal office.\n- (a) because of the party’s failure to comply with a requirement for advising an address for service; or\n- (b) because the party is a respondent, and has not yet been notified under section 76 .\n- (a) for an individual—the individual’s last known place of residence or business; or\n- (b) for a public entity—the entity’s principal office.","sortOrder":119},{"sectionNumber":"sec.104","sectionType":"section","heading":"Approved forms","content":"### sec.104 Approved forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":120},{"sectionNumber":"sec.105","sectionType":"section","heading":"Regulation-making power","content":"### sec.105 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":121},{"sectionNumber":"pt.6","sectionType":"part","heading":"Savings and transitional provisions","content":"# Savings and transitional provisions","sortOrder":122},{"sectionNumber":"sec.106","sectionType":"section","heading":"Act does not affect laws about termination of pregnancy","content":"### sec.106 Act does not affect laws about termination of pregnancy\n\nNothing in this Act affects any law relating to termination of pregnancy or the killing of an unborn child, whether before or after the commencement of part 2.","sortOrder":123},{"sectionNumber":"sec.107","sectionType":"section","heading":"Act does not affect native title rights and interests","content":"### sec.107 Act does not affect native title rights and interests\n\nNothing in this Act affects native title rights and interests otherwise than in accordance with the Native Title Act 1993 (Cwlth) .\nA provision of this Act must be interpreted and applied in a way that does not prejudice native title rights and interests to the extent the rights and interests are recognised and protected under the Native Title Act 1993 (Cwlth) .\nIn this section—\naffects , in relation to native title rights and interests, see the Native Title Act 1993 (Cwlth) , section 227 .\nnative title rights and interests see the Native Title Act 1993 (Cwlth) , section 223 .\n(sec.107-ssec.1) Nothing in this Act affects native title rights and interests otherwise than in accordance with the Native Title Act 1993 (Cwlth) .\n(sec.107-ssec.2) A provision of this Act must be interpreted and applied in a way that does not prejudice native title rights and interests to the extent the rights and interests are recognised and protected under the Native Title Act 1993 (Cwlth) .\n(sec.107-ssec.3) In this section— affects , in relation to native title rights and interests, see the Native Title Act 1993 (Cwlth) , section 227 . native title rights and interests see the Native Title Act 1993 (Cwlth) , section 223 .","sortOrder":124},{"sectionNumber":"sec.108","sectionType":"section","heading":"Application of Act—generally","content":"### sec.108 Application of Act—generally\n\nThis Act applies to all Acts and statutory instruments, whether passed or made before or after the commencement.\nHowever, this Act—\ndoes not affect proceedings commenced or concluded before the commencement; and\ndoes not apply to an act, or decision made, by a public entity before the commencement.\nSubsection (1) is subject to sections 106 and 107.\n(sec.108-ssec.1) This Act applies to all Acts and statutory instruments, whether passed or made before or after the commencement.\n(sec.108-ssec.2) However, this Act— does not affect proceedings commenced or concluded before the commencement; and does not apply to an act, or decision made, by a public entity before the commencement.\n(sec.108-ssec.3) Subsection (1) is subject to sections 106 and 107.\n- (a) does not affect proceedings commenced or concluded before the commencement; and\n- (b) does not apply to an act, or decision made, by a public entity before the commencement.","sortOrder":125}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope expanded beyond its original framing as a purely civil and political rights instrument. It includes economic, social and cultural rights (education and health), specific Indigenous cultural rights going beyond standard international covenants, NDIS registered providers as public entities, and non-State police officers — groups not typically covered in comparable human rights charters in other Australian jurisdictions (e.g., the ACT and Victorian Acts). The inclusion of a complaints mechanism through the Human Rights Commission also extends the practical scope beyond a purely interpretive/dialogue model, creating an accessible administrative remedy pathway for ordinary Queenslanders."},"complexity_factors":["Multi-layered institutional framework involving Parliament, Supreme Court, QCAT, the Queensland Human Rights Commission, portfolio committees, and multiple Ministers","Nuanced definition of 'public entity' with many inclusions, exclusions, and conditional categories (e.g., entities only covered when performing public functions)","Complex remedies architecture: rights breach is 'unlawful' but does not invalidate decisions, does not create damages, and can only be pursued through a specific pathway","Interplay between the Act and other laws: Commonwealth law, common law, other State laws, and international law all interact with interpretation obligations","Two-stage complaint process (complaint to entity first, then to Commission) with specific timing requirements and exceptions","Override declaration mechanism with its own procedural requirements, automatic expiry, and carve-outs from court jurisdiction","Declaration of incompatibility process with no legal effect on validity — purely political/dialogic consequence, which is conceptually unfamiliar","Proportionality analysis required to assess whether rights limitations are justified (s.13) — inherently multi-factor and contextual","Specific and distinct rights for Aboriginal and Torres Strait Islander peoples layered on top of general cultural rights","Interaction with numerous other Queensland Acts (Judicial Review Act, Legal Aid Queensland Act, Anti-Discrimination Act, QHRC Act, Public Sector Act, Housing Act, Corrective Services Act, etc.)"],"plain_english_summary":"## Queensland's Human Rights Act 2019 — What It Does and Why It Matters\n\n### The Big Picture\nThis is Queensland's first human rights law. It creates a legal framework that protects specific human rights for all individuals in Queensland, and — critically — **requires government and public bodies to respect those rights** when they act, make decisions, or create new laws.\n\nIt does **not** create a right to sue the government for money (damages) simply because your rights were breached. Instead, it creates a *dialogue* model: courts can flag when a law is incompatible with human rights, but Parliament keeps the final say.\n\n---\n\n### What Rights Are Protected?\nThe Act lists two categories of rights:\n\n**Civil and Political Rights** (things the government must not do to you):\n- Equality before the law and freedom from discrimination\n- Right to life\n- Protection from torture, cruel or degrading treatment\n- Freedom from slavery and forced work\n- Freedom of movement within Queensland\n- Freedom of thought, religion, and belief\n- Freedom of expression\n- Right to peaceful assembly and to join unions\n- Right to vote and participate in public life\n- Property rights\n- Privacy and protection of reputation\n- Protection of families and children\n- Cultural rights (including specific, enhanced rights for Aboriginal and Torres Strait Islander peoples)\n- Right to liberty — no arbitrary arrest or detention\n- Humane treatment if imprisoned\n- Fair trial rights\n- Rights in criminal proceedings (presumption of innocence, legal aid, interpreter, right to silence, etc.)\n- Protection from being tried twice for the same offence\n- No retrospective (backward-looking) criminal laws\n\n**Economic, Social and Cultural Rights** (things government should provide access to):\n- Right to education\n- Right to access health services without discrimination (including emergency treatment)\n\n**Important:** Only *individuals* (people) have these rights. Corporations do not.\n\n---\n\n### Who Has to Follow This Law?\n\"Public entities\" must act and make decisions in a way that is *compatible* (consistent) with human rights. Public entities include:\n- Government departments and agencies\n- Queensland Police\n- Local councils and their staff\n- Ministers\n- Charities or private companies performing government functions (like running a prison or providing disability services)\n- NDIS registered providers (when performing public functions)\n\n**Excluded:** Courts, the Parliament itself (in its lawmaking role), and purely private organisations.\n\n---\n\n### What Happens If a Public Entity Breaches Your Rights?\n1. **First, complain directly to the public entity** — you must wait at least 45 business days for a response.\n2. **Then, complain to the Queensland Human Rights Commission** if you don't get an adequate response.\n3. The Commission tries to resolve the complaint through a process called *conciliation* (informal negotiation between you and the agency).\n4. If that fails, the matter can be referred to QCAT (Queensland Civil and Administrative Tribunal — a kind of specialist court).\n5. **You cannot get money (damages) just because your human rights were breached** under this Act — but you can seek other remedies like having a decision overturned.\n\n---\n\n### How New Laws Are Checked\n- Every new Bill (proposed law) introduced into Queensland Parliament must come with a **Statement of Compatibility** — a written explanation of whether it respects human rights.\n- Parliamentary committees examine every Bill for human rights compatibility.\n- If the Supreme Court finds a law *cannot* be interpreted in a way that's compatible with human rights, it can issue a **Declaration of Incompatibility** — a formal statement that the law clashes with human rights. This does **not** strike down the law, but requires the relevant Minister to respond publicly within 6 months.\n\n---\n\n### Can Parliament Override It?\nYes — but only in *exceptional circumstances* (like war or a public safety emergency). Parliament can include an **override declaration** in a new law, which temporarily switches off human rights protections for that specific law. Override declarations automatically expire after **5 years**.\n\n---\n\n### Rights Can Be Limited — But Only Reasonably\nNo right is absolute. A right can be limited, but only if:\n- The limitation is set out in law;\n- It is *reasonable* and *demonstrably justifiable* in a free and democratic society; and\n- The limitation is proportionate to the purpose it achieves (i.e., the least restrictive option available).\n\n---\n\n### Why Does This Matter to You?\n- If a government agency makes a decision affecting you (e.g., police conduct, housing, healthcare, a licensing decision), they must now consider your human rights in doing so.\n- Courts must try to interpret laws in a human-rights-compatible way.\n- You have a formal avenue to complain if you believe a public body ignored your rights.\n- It does **not** give you the right to sue the government for compensation under this Act alone."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.58(1) and sec.58(6)","severity":"high","reasoning":"Section 58(1) states it is 'unlawful' to act incompatibly with human rights. Section 58(6) then declares the act is not invalid and no offence is committed. Combined with section 59(3) which removes damages as a remedy, the 'unlawfulness' has no operative legal effect beyond the paper declaration itself. This is a self-negating legal prohibition.","confidence":0.95,"description":"The Act declares it 'unlawful' for public entities to act incompatibly with human rights, but then immediately clarifies that such unlawful acts are not invalid and do not constitute offences. The word 'unlawful' is effectively rendered meaningless — a declaration of unlawfulness that carries no legal consequence is not unlawfulness in any meaningful legal sense."},{"type":"other","section":"sec.54 and sec.53(2)","severity":"medium","reasoning":"A declaration is a legal remedy designed to clarify legal rights or obligations. A declaration that explicitly cannot affect validity, create rights, or give rise to any action is effectively an advisory opinion dressed in the language of a legal remedy. Its only function is to prompt a parliamentary response, but Parliament is not bound to act.","confidence":0.9,"description":"The Supreme Court may make a formal 'declaration of incompatibility' that a statutory provision cannot be interpreted compatibly with human rights, but that declaration does not affect the validity of the provision, creates no legal rights, and gives rise to no civil cause of action. The court is empowered to formally declare something wrong that it has no power to fix, and the declaration changes nothing legally."},{"type":"impossible_compliance","section":"sec.56 and sec.57","severity":"medium","reasoning":"The Minister's 6-month clock runs from receiving the declaration (section 56(1)(b)). The committee's 3-month clock runs from referral (section 57(2)(b)). The referral happens after the Minister tables the declaration (within 6 sitting days — section 56(1)(a)). If sitting days are spread out, 6 sitting days could consume weeks of calendar time, leaving the committee potentially reporting in month 5 or later of the Minister's 6-month window. The Minister is required to consider the committee's report but may be legally required to respond before the report exists.","confidence":0.75,"description":"The Minister has 6 months to respond to a declaration of incompatibility and must consider the portfolio committee's report, but the portfolio committee has only 3 months to report. The sequencing assumes the committee reports within 3 months, then the Minister has the remaining time to consider and respond — but if the committee takes the full 3 months and the Minister receives the declaration at the same time as the committee begins its work, the Minister's 6-month deadline may expire before the committee even reports."},{"type":"self_contradicting","section":"sec.5(1) and sec.5(4)","severity":"low","reasoning":"Binding 'all persons including the State' and simultaneously immunising the State from prosecution creates an asymmetric application. The State is bound but uniquely shielded from one of the primary consequences of being bound. This is not logically absurd in a legislative sense (Crown immunity has a long tradition) but it undermines the rhetorical force of 'binds all persons'.","confidence":0.7,"description":"Section 5(1) declares that the Act 'binds all persons, including the State', but section 5(4) provides that nothing in the Act makes the State liable to be prosecuted for an offence. If the Act truly binds the State equally with all persons, the State should be equally exposed to prosecution. The carve-out creates a two-tiered binding."},{"type":"circular_definition","section":"sec.9(1)(i)","severity":"medium","reasoning":"The definition of 'public entity' in s9(1)(i) incorporates the term 'public entity' without a base case that avoids circularity for this sub-paragraph specifically. While the other sub-paragraphs (a)-(h) provide non-circular definitions of certain public entities, the reach of (i) depends entirely on resolving what is a 'public entity' under the rest of the section first — which is workable but structurally circular on its face.","confidence":0.8,"description":"Section 9(1)(i) defines as a public entity 'a person, not otherwise mentioned in paragraphs (a) to (h), who is a staff member or executive officer (however called) of a public entity'. This is a circular definition: to determine if someone is a public entity under (i), you must first know if the organisation they work for is a public entity, which itself requires working through section 9."},{"type":"other","section":"sec.48(1) and sec.48(2)","severity":"low","reasoning":"Once you have stretched interpretation to its purposive limits under s48(1), s48(2) instructs you to do the same thing again framed differently. The two subsections collapse into one instruction. The only conceivable distinction — that (2) removes the 'purpose' constraint — is contradicted by the fact that (2) expressly retains the 'consistent with its purpose' qualifier.","confidence":0.65,"description":"Section 48(1) requires statutory provisions to be interpreted, 'to the extent possible consistent with their purpose', compatibly with human rights. Section 48(2) then instructs that if that is not possible, the provision must be interpreted in the 'most compatible' way. This creates a logical redundancy: if interpretation to the extent possible has already been done and compatibility is still not achieved, there is nothing left to do — the 'most compatible' instruction adds no operative content beyond subsection (1)."},{"type":"other","section":"sec.43(4)","severity":"low","reasoning":"Parliamentary intention provisions are not legally binding on future parliaments under Westminster doctrine. Combining an unenforceable intention statement with an express power to re-enact at any time means the 'exceptional circumstances' standard is purely aspirational. A perpetually re-enacted override declaration is contemplated by the Act itself.","confidence":0.8,"description":"Parliament states it is its 'intention' that override declarations will 'only be made in exceptional circumstances', but section 46 allows Parliament to re-enact an override declaration 'at any time' without any requirement to demonstrate exceptional circumstances afresh. The self-imposed restraint is unenforceable and trivially circumvented by re-enactment."},{"type":"self_contradicting","section":"sec.59(3) and sec.59(6)","severity":"low","reasoning":"The coexistence of a damages prohibition (s59(3)) with a savings clause for other damages rights (s59(6)) creates interpretive uncertainty. A claimant arguing that their human rights-based claim also sounds in negligence could use s59(6) to circumvent the s59(3) bar, potentially rendering the prohibition ineffective.","confidence":0.65,"description":"Section 59(3) states a person is not entitled to damages on the ground of unlawfulness under section 58. Section 59(6) then says nothing in section 59 affects a right to damages a person may have 'apart from the operation of this section'. These two provisions together create an unclear interaction: (3) removes the damages remedy created by the Act, while (6) preserves pre-existing damages rights — but the phrasing of (6) is broad enough to potentially re-introduce damages that (3) purports to exclude, if a parallel cause of action exists."},{"type":"self_contradicting","section":"sec.11(1) and sec.15(1)","severity":"low","reasoning":"The Act defines human rights as belonging to 'individuals in Queensland' (s11) but then articulates those rights using 'every person' language throughout Part 2, creating ambiguity about the geographic and personal scope of each right. 'Person' in Queensland legislation typically includes corporations by default unless excluded.","confidence":0.7,"description":"Section 11(1) states 'All individuals in Queensland have human rights', limiting the holders of human rights to individuals within Queensland. Section 15(1) confers the right to 'recognition as a person before the law' on 'every person'. The phrase 'every person' is broader than 'individuals in Queensland' and could encompass corporations (which section 11(2) explicitly excludes) and non-residents."}],"contradictions":[{"severity":"high","section_a":"sec.58(1)","section_b":"sec.58(6)(a)","confidence":0.95,"description":"Section 58(1) declares it 'unlawful' for a public entity to act incompatibly with human rights, while section 58(6)(a) declares that an act in contravention of section 58(1) is 'not invalid merely because' of that contravention. An unlawful act that is not invalid contradicts the ordinary legal meaning of unlawfulness, which typically renders acts void or voidable."},{"severity":"medium","section_a":"sec.5(1)","section_b":"sec.5(4)","confidence":0.8,"description":"Section 5(1) states the Act 'binds all persons, including the State'. Section 5(4) provides that nothing in the Act makes the State liable to be prosecuted for an offence. The State is simultaneously bound 'as all persons' but uniquely exempt from criminal liability, creating an unequal application of the binding provision."},{"severity":"medium","section_a":"sec.56(1)(b)","section_b":"sec.57(2)(b)","confidence":0.75,"description":"The Minister must prepare a response to a declaration of incompatibility within 6 months of receiving it, and must consider the portfolio committee's report in doing so (s56(2)). However, the committee has 3 months from referral to report (s57(2)(b)), and referral only occurs after the Minister has tabled the declaration (which can be up to 6 sitting days after receipt). In practice the committee's report may not be available until very close to or after the Minister's 6-month deadline, making it structurally difficult for the Minister to comply with both obligations."},{"severity":"medium","section_a":"sec.38(4) and sec.42","section_b":"sec.4(c)","confidence":0.85,"description":"Section 4(c) states one of the main objects is to require statements of compatibility to be tabled for all Bills. Section 42 provides that failure to comply with this requirement does not affect the validity of the Act. Together, these provisions mean the 'requirement' is not a legal requirement in any meaningful sense — it is an obligation with no legal consequence for non-compliance, undermining the object it is meant to serve."},{"severity":"medium","section_a":"sec.44(1)","section_b":"sec.47","confidence":0.9,"description":"Section 44(1) imposes a mandatory obligation on members introducing Bills with override declarations to make a statement explaining exceptional circumstances. Section 47 provides that failure to comply with section 44 does not affect the validity of the Act. The mandatory 'must' in section 44 is directly contradicted by the nullification of its consequences in section 47."},{"severity":"low","section_a":"sec.59(3)","section_b":"sec.59(6)","confidence":0.7,"description":"Section 59(3) expressly provides that a person is not entitled to damages on the ground of unlawfulness arising under section 58. Section 59(6) provides that nothing in section 59 affects any right a person has to damages 'apart from the operation of this section'. This creates a potential internal conflict where the damages exclusion in subsection (3) could be circumvented by subsection (6) if any parallel damages cause of action can be characterised as arising 'apart from' this section."},{"severity":"medium","section_a":"sec.31(1)","section_b":"sec.31(2)","confidence":0.75,"description":"Section 31(1) guarantees the right to a 'fair and public hearing'. Section 31(2) allows a court or tribunal to exclude members of the media, other persons, or the general public from 'all or part of a hearing in the public interest or the interests of justice'. A hearing from which the public and media are entirely excluded cannot be a 'public hearing' as guaranteed by subsection (1), creating a direct tension between the guaranteed right and the power to negate it."},{"severity":"high","section_a":"sec.13(1)","section_b":"sec.43(1)","confidence":0.85,"description":"Section 13(1) states human rights may only be limited under law to the extent 'reasonably justified in a free and democratic society'. Section 43(1) allows Parliament to override the application of the entire Act to any provision, including potentially suspending all human rights protections for that provision without any reasonableness or justifiability test — only an unenforceable 'exceptional circumstances' intention statement. The override power is structurally unconstrained by the limitations framework in section 13."},{"severity":"low","section_a":"sec.11(1)","section_b":"sec.19","confidence":0.6,"description":"Section 11(1) states 'All individuals in Queensland have human rights', restricting rights to those within Queensland. Section 19 confers the freedom of movement on 'every person lawfully within Queensland', which includes the right to 'leave' Queensland. Once a person exercises the right to leave Queensland, they are no longer 'in Queensland' and on a strict reading of s11(1) may cease to hold the human rights the Act protects, including potentially the right to return."}]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation has not grown beyond its original intent to protect and promote the listed human rights, impose compatibility obligations on public entities, establish legislative scrutiny mechanisms, provide an interpretive rule for courts, and create a complaints pathway through the Queensland Human Rights Commission. Amendments (such as those updating references to the Public Sector Act 2022) have refined definitions and processes without expanding the core scope."},"complexity_factors":["Extensive enumeration of 23 distinct human rights across civil, political, economic, social and cultural categories in Part 2, each with detailed subsections and exceptions","Intricate definition of 'public entity' in s 9 with 10 primary categories, inclusions for NDIS providers and special constables, exclusions for courts/tribunals (except in administrative capacity) and the Legislative Assembly, plus a 'functions of a public nature' test in s 10 involving five non-exhaustive factors and specific examples","Multi-layered legislative scrutiny regime in Part 3 Division 1 (statements of compatibility under s 38, portfolio committee review under ss 39-40, certificates for subordinate legislation under s 41) combined with override declaration process in Division 2 (ss 43-47) requiring statements of exceptional circumstances and automatic 5-year expiry","Sophisticated interpretive rule in s 48 requiring compatibility 'to the extent possible that is consistent with their purpose', fallback to most-compatible interpretation, permission to consider international law and foreign judgments, with carve-outs for override declarations and validity preservation","Detailed human rights complaint process in Part 4 (ss 63-90) with strict preconditions (s 65: prior complaint to entity plus 45 business days), multiple refusal/deferral grounds (s 70), conciliation rules (ss 79-87), reporting (ss 88-90), and interaction with other entities via referral arrangements (ss 73-74)","Numerous cross-references to external legislation including Public Sector Act 2022, Police Service Administration Act 1990, Corrective Services Act 2006, Housing Act 2003, Legal Aid Queensland Act 1997, Anti-Discrimination Act 1991, Ombudsman Act 2001, Health Ombudsman Act 2013, Crime and Corruption Act 2001, Information Privacy Act 2009, National Disability Insurance Scheme Act 2013 (Cth), and others"],"plain_english_summary":"**The Human Rights Act 2019** is Queensland's framework for protecting specific human rights and ensuring government decisions respect them. It lists rights every individual in Queensland has (only individuals, not companies), including recognition before the law, the right to life, protection from torture or cruel treatment, freedom from forced work, freedom of movement, thought and religion, expression, peaceful assembly, taking part in public life, property rights, privacy, family and child protections, cultural rights (with special recognition for Aboriginal and Torres Strait Islander peoples), liberty and security, humane treatment when detained, fair hearings, rights in criminal cases, education, and access to health services.\n\nIt requires **public entities** (government departments, police, local councils, Ministers, and some contractors performing public functions) to act and make decisions compatibly with these rights, or to properly consider them. New bills and subordinate laws must include statements explaining compatibility with human rights, and committees review them. Courts and tribunals must interpret laws in a rights-compatible way if possible. In exceptional cases, Parliament can override the Act with a declaration that lasts up to five years. People can complain about rights breaches by public entities to the Queensland Human Rights Commission, which can investigate, conciliate, or report on them. No damages are available for breaches, but other court remedies can be sought.\n\nThe Act aims to build a human rights culture in the public sector, promote dialogue about rights, and ensure laws and decisions are compatible where possible. It does not create new rights to override other laws but adds a lens through which government action is viewed."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The text of the Act specifies its scope: rights enumerated in part 2, duties applying to public entities (as defined in sections 9–10), parliamentary and judicial mechanisms, and administrative complaint processes. There is no material in the supplied text indicating a change from an earlier stated scope or intent; the Act itself creates the scope and procedural architecture described in the sections cited."},"complexity_factors":["Broad, multi‑actor coverage: the Act applies to many types of public entities and to entities performing public functions under contract (secs 5, 9, 10).","Multiple parallel compliance tracks: legislative scrutiny, ministerial certificates, portfolio committee review, administrative complaints, judicial interpretation and declarations (secs 38–41, 39, 61–79, 48, 53).","Limited remedial architecture: administrative remedies, conciliation and declarations rather than private damages (secs 59, 54, 76–89), producing nuanced legal outcomes.","Parliamentary override mechanism with time limits and re‑enactment ability (secs 43–46, 45(2)) introduces legal exceptions and temporal complexity.","Discretion concentrated in the commissioner and in courts (acceptance/refusal of complaints, enforcement of directions, interpretive duties) with interaction rules for other oversight bodies (secs 68–78, 81–85, 66, 73–74).","Significant cross‑references to other Acts and bodies (e.g. Judicial Review Act, Statutory Instruments Act, Ombudsman, NDIS, Anti‑Discrimination Act) requiring coordination (secs 41, 59, 66, 75).","Statutory procedural thresholds and time limits (45 business days before lodging with the commission absent exceptional circumstances; 1‑year complaint time bar) (secs 65, 70).","Reporting and information powers with penalties (annual reports, information notices with a 100 penalty‑unit maximum) (secs 91, 98)."],"plain_english_summary":"What this law does (mechanics)\n\n- Names and purpose: The Act is the Human Rights Act 2019 and its main objects are to state the human rights Parliament intends to protect, require public entities to act compatibly with those rights, require human‑rights compatibility statements for new Bills, provide parliamentary and judicial scrutiny paths, allow an exceptional parliamentary override, and set up complaint, reporting and review systems (secs 1, 3–4).\n\n- Which rights are protected: The Act lists civil, political, and some economic, social and cultural rights (part 2). It also says rights may be lawfully limited only by reasonable and demonstrably justified limits, and lists factors to assess that proportionality (sec 13).\n\n- Who the rules apply to: The obligations principally bind public entities (but the Act \"binds all persons\" as to its terms) and is expressed to apply to courts, Parliament and public entities to the extent they perform functions under specified parts (sec 5). \"Public entity\" is defined broadly and includes government entities, public servants, police, local government, Ministers, entities performing public functions (including under contract), and other prescribed bodies; the text lists specific examples and tests for when a function is of a public nature (secs 9–10).\n\n- What public entities must do: Public entities must not act or make decisions incompatible with human rights and must give proper consideration to any human right relevant to a decision (sec 58(1)–(1)(b)). \"Proper consideration\" includes identifying affected rights and considering whether the decision is compatible (sec 58(5)). There are limited exceptions where the entity could not reasonably have acted differently because of other law or where religious‑purpose bodies act according to doctrine (sec 58(2)–(3)).\n\n- Legislative and parliamentary checks: Members introducing Bills must prepare and table a statement saying whether the Bill is compatible with human rights and, if not, explaining the incompatibility (sec 38). Portfolio committees must consider Bills and those statements and report whether a Bill is incompatible (sec 39). For subordinate legislation, responsible Ministers must prepare a human‑rights certificate and table it (sec 41).\n\n- Parliamentary override: Parliament may, in an Act, declare that a law takes effect despite incompatibility with one or more human rights (an \"override declaration\"). Such declarations are intended to be exceptional, extend to subordinate instruments, and expire after five years unless re‑enacted (secs 43–46, 45(2)). Persons introducing such Bills must state the exceptional circumstances (sec 44).\n\n- Judicial interaction: Courts and tribunals must interpret statutory provisions, to the extent possible consistent with purpose, in a way compatible with human rights (sec 48). If a statutory provision cannot be interpreted compatibly, the Supreme Court may, in certain proceedings, make a declaration of incompatibility stating the provision cannot be interpreted compatibly with human rights (sec 53). A declaration of incompatibility does not invalidate the law or create new civil causes of action (sec 54).\n\n- Executive and Attorney‑General roles in litigation and referrals: Questions of law about the Act or interpretation under it may be referred to the Supreme Court (sec 49). The Attorney‑General and the Commission may intervene in relevant proceedings (secs 50–51). Parties must notify the Attorney‑General and the Commission in specified higher court proceedings (sec 52).\n\n- Complaints, investigation and resolution: The Queensland Human Rights Commission (the commission) handles human‑rights complaints about public entities (secs 61, 63). Complaints may be accepted only after the complainant has first complained to the public entity and either 45 business days have passed without an adequate response or exceptional circumstances exist (sec 65). The commissioner can investigate, ask for information and documents, direct attendance at conciliation, conduct confidential conciliation conferences and, if conciliation fails, prepare a report with suggested corrective actions (secs 68–89). The commissioner can ask or direct entities to provide information and may enforce directions by filing them with a court (sec 78). Certain referrals and cooperative arrangements with Ombudsman, Health Ombudsman, Crime and Corruption Commission, Information Commissioner and NDIS Commissioner are allowed (secs 66, 73–74).\n\n- Remedies and limits: Remedies under this Act are administrative and procedural. The Act allows people to seek relief or remedies on the ground of unlawfulness arising under sec 58, including judicial review or declarations and injunctive relief under other laws, but explicitly disallows damages for unlawfulness arising under sec 58 (sec 59). The Act also declares that an act or decision is not invalid merely because it contravenes sec 58 and that a person does not commit an offence under this Act for doing so (sec 58(6)).\n\n- Reporting, transparency and review: The commissioner must publish an annual report including declared incompatibilities, override declarations, interventions, and statistics on complaints and conciliations (sec 91). Public entities subject to annual reporting must include actions taken under this Act and complaint statistics in their annual reports (sec 97). The Attorney‑General must arrange independent statutory reviews of the Act at specified intervals and table the review report (secs 95–96).\n\nWhy Parliament (official rationale) introduced these mechanisms\n\n- The Act’s stated purposes are to protect and promote human rights, build a human‑rights respecting culture in the public sector, and promote dialogue on rights (sec 3). The means declared in the Act are legislative scrutiny (compatibility statements and committee review), operational duties for public entities, judicial interpretive duties and a complaints/resolution system through the commission (sec 4).\n\nTesting the official purpose-claims against costs, incentives and trade‑offs (source‑grounded)\n\n- Who pays and who decides:\n  - Public entities bear administrative and decision‑making costs: they must identify relevant human rights and consider compatibility in decisionmaking and document or explain compatibility for new legislation and subordinate instruments (secs 38, 41, 58(5)). That implies additional internal compliance, training, recordkeeping and possibly legal advice costs borne by agencies and, where functions are performed under contract, by contracted providers treated as public entities (secs 9, 10).\n  - Parliament may decide to override the Act in exceptional cases (secs 43–45). Courts decide questions of statutory interpretation and may issue declarations of incompatibility, but cannot invalidate laws or award damages under this Act (secs 48, 53–54, 59(3)). The commissioner decides how to manage complaints and has discretion to accept, refuse, defer, conciliate or refer complaints (secs 68–71, 77–79).\n\n- Incentives, compliance burden and discretion:\n  - The Act creates an administrative compliance incentive: public entities must give \"proper consideration\" to relevant human rights (sec 58(1)(b)–(5)). That is a procedural obligation rather than an automatic invalidity trigger: the Act expressly states contravention does not by itself make an act invalid nor create offences (sec 58(6)). This reduces immediate legal exposure but increases administrative obligations and potential reputational or corrective pressures via commission reports and parliamentary scrutiny (secs 56–57, 88, 91).\n  - The commissioner has broad discretionary powers (investigation, conciliation, referral, information directions enforceable through court) (secs 68, 77–81, 78). That centralises much operational enforcement in an administrative body rather than through automatic private‑law causes of action (secs 61, 59).\n\n- Remedies vs costs to the State and private parties:\n  - Individuals can seek relief under this Act’s unlawfulness ground, but damages are excluded for acts unlawful under sec 58 (sec 59(3)). Remedies are therefore mainly declaratory, injunctive or administrative (sec 59(4)). That allocates much of the cost of rectifying incompatibility to administrative processes and political remedies (ministerial responses, committee reports) rather than compensatory payments (secs 55–57, 56(1)(b)).\n  - The Act expressly limits prosecution and liability of the State (sec 5(4)).\n\n- Effects on private enterprise and contracted providers:\n  - Entities performing public functions for the State, including under contract, may be treated as public entities and hence subject to the Act’s obligations (sec 9(h)–(i), sec 10). This can affect contract management, operational discretion and compliance costs for private providers delivering public‑funded services (sec 9). The Act allows an entity to ask to be declared subject to the obligations (sec 60), which may be used to clarify obligations or assure stakeholders.\n\n- Effects on speech, property, contracts and regulatory action:\n  - The Act recognises freedom of expression, property rights and other civil and political rights (secs 21, 24). However, rights may be limited under the reasonableness test in sec 13; courts and decision‑makers are to weigh factors including purpose, necessity, and less‑restrictive alternatives (sec 13).\n  - Because courts are directed to interpret legislation compatibly with human rights where possible (sec 48), regulatory actions and statutory powers will be read with compatibility in mind, potentially narrowing or shaping administrative discretion in practice.\n\n- Parliamentary override and legal certainty trade‑off:\n  - Parliament can expressly override the Act for particular provisions (secs 43–45). An override suspends judicial interpretive duties and precludes a declaration of incompatibility while in force (sec 45(1)). Override declarations expire after five years unless re‑enacted (sec 45(2)). This provides Parliament a safety‑valve for urgent or exceptional policy choices but introduces a path for laws to be insulated from human‑rights interpretive pressure for a limited time.\n\n- Concentrated benefits, diffuse costs, and risk of strategic behaviour:\n  - The most direct, concentrated benefits go to individuals whose rights are affected by public‑sector decisions (the complainants) and to groups that use the commission’s processes to secure administrative changes (secs 63–64, 88). Costs are diffuse across public entities (administrative compliance, reporting) and potentially across taxpayers where agencies need to change practices.\n  - The Act sets up administrative discretion (the commissioner’s acceptance/refusal, referral options and enforcement paths) that enables prioritisation of complaints but also creates room for differing outcomes depending on resource allocation and policy choices by the commission (secs 68–71, 73–74, 77).\n\n- Implementation risk and substitution effects:\n  - The Act depends heavily on administrative implementation (commissioner functions, agency training and reporting) and on parliamentary and judicial processes rather than private damages. If the commission or agencies under‑resource compliance, practical protection of rights could depend on political or media pressure rather than automatic legal remedies (secs 61, 58, 91).\n  - Complaints that fall within other oversight schemes may be referred or transferred to other commissioners/ombuds (secs 66, 73–74), which can create substitution between oversight pathways and affect timeliness and consistency.\n\nKey limits and enforcement signals from the text\n\n- No private right to damages for incompatibility with sec 58 (sec 59(3)).\n- Contravention of the public‑entity duty does not automatically make an act invalid nor create an offence (sec 58(6)).\n- The Supreme Court may declare incompatibility but cannot invalidate the law (secs 53–54).\n- The commissioner has investigatory and conciliation powers and can enforce information or attendance directions via courts (secs 78, 81).\n- The Attorney‑General and portfolio committees play active roles in notice, intervention and parliamentary follow up on incompatibility declarations (secs 50–57).\n\nPractical takeaways (plain language)\n\n- If you are an individual dealing with a government decision, the Act gives you a process to complain to the Human Rights Commission after you first complain to the agency (secs 63–65); the system favours conciliation and administrative remedies rather than damages (secs 76–89, 59).\n- If you run or contract to provide public services, expect to identify and document how decisions affect human rights, respond to information requests and participate in conciliations if required; you may face administrative and reputational consequences rather than automatic civil liability (secs 58, 78, 81, 88).\n- If you make or scrutinise legislation, you must prepare or consider human‑rights compatibility material (secs 38–41, 39), but Parliament retains the power to expressly override the Act for an Act or provision in exceptional circumstances (secs 43–45)."}},"importantCases":[],"_links":{"self":"/api/acts/human-rights-act-2019","history":"/api/acts/human-rights-act-2019/history","analysis":"/api/acts/human-rights-act-2019/analysis","conflicts":"/api/acts/human-rights-act-2019/conflicts","importantCases":"/api/acts/human-rights-act-2019/important-cases","documents":"/api/acts/human-rights-act-2019/documents"}}