QLDIn ForceAct
Human Rights Act 2019
sec.10When function is of a public nature
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### sec.10 When function is of a public nature
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.
Subsection (1) does not limit the matters that may be considered in deciding whether a function is of a public nature.
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 .
(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.
(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.
(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 .
- (a) whether the function is conferred on the entity under a statutory provision;
- (b) whether the function is connected to or generally identified with functions of government;
- (c) whether the function is of a regulatory nature;
- (d) whether the entity is publicly funded to perform the function;
- (e) whether the entity is a government owned corporation.
- (a) the operation of a corrective services facility under the Corrective Services Act 2006 or another place of detention;
- (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 .
- (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 .
- (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 .