Human Rights Act 2019
| Human Rights Act 2019 (Qld) | |
|---|---|
 | |
| Parliament of Queensland | |
| |
| Citation | Act No. 5 of 2019 |
| Assented to | 7 March 2019 |
| Commenced | 1 July 2019 |
| Legislative history | |
| Bill title | Human Rights Bill 2018 |
| Bill citation | Bill No. 5 of 2019 |
| Introduced by | Yvette D'Ath MP, Attorney General |
| Introduced | 31 October 2018 |
| First reading | 31 October 2018 |
| Second reading | 26 – 27 February 2019 |
| Third reading | 7 March 2019 |
| Keywords | |
| human rights | |
| Status: Amended | |
The Human Rights Act 2019 is an Act of the Parliament of Queensland that recognises human rights of individuals.
Provisions
The Act implements
- a right to health,[2]
- a right to life.[3]
- a right to liberty and security of person[4]
The Act implements
- a freedom from forced labour,[3]
- a freedom of movement,[3]
- a freedom of expression.[3]
The Act implements cultural rights for Aboriginal people and Torres Strait Islanders, as well as people generally.[3] The Act implements property rights.[3] The Act requires humane treatment in detention and imprisonment; fair hearings.[3] The Act implements rights in criminal proceedings regarding children specifically as well as in general, and applies retrospectively to criminal laws.[3] The Act implements a right not to be punished more than once.[3]
The Act implements a "dialogue" model for human rights.[5]
Uses
Under the Act, Queensland Police Service recognised the cultural rights of Wangan and Jagalingou cultural custodians to conduct ceremonies.[6]
Instances of overriding
In February 2023, the Act was overridden to make it illegal for children to breaching bail.[7]
In August 2023, the Act was overridden to pass legislation to imprison children in police watch houses for adults.[8][4]
In December 2024, the Act was overridden to pass legislation to sentence children as adults, which was criticised by the United Nations Committee on the Rights of the Child.[9][10]
References
- ^ Walsh, Tamara; Burton, Bridget (1 March 2020). "Queensland's new right to education:What does it mean for children with disabilities?". Alternative Law Journal. 45 (1): 18–24. doi:10.1177/1037969X19883967. ISSN 1037-969X. Archived from the original on 11 March 2023. Retrieved 19 February 2025.
- ^ Brolan, Claire E (2020). "Queensland's new Human Rights Act and the right to access health services". Medical Journal of Australia. 213 (4): 158–160.e1. doi:10.5694/mja2.50558. ISSN 1326-5377. PMID 32222978.
- ^ a b c d e f g h i j Caldwell, Felicity (31 October 2018). "The human rights Queensland is set to enshrine in law". Brisbane Times. Archived from the original on 15 June 2024. Retrieved 19 February 2025.
- ^ a b Brennan, Dechlan (3 December 2024). "New laws in Queensland will bring 'devastating harms' to First Nations communities, peak Indigenous legal body says". National Indigenous Times. Retrieved 19 February 2025.
- ^ Chen, Bruce (1 March 2020). "The Human Rights Act 2019 (Qld): Some perspectives from Victoria". Alternative Law Journal. 45 (1): 4–11. doi:10.1177/1037969X19899661. ISSN 1037-969X. Archived from the original on 3 June 2024. Retrieved 19 February 2025.
- ^ Unger, Carla Chan; Marshall, Shelley; Hutchings, Suzi (22 October 2021). "When native title fails: First Nations people are turning to human rights law to keep access to cultural sites". The Conversation. Archived from the original on 11 December 2023. Retrieved 19 February 2025.
- ^ "Queensland bail crackdown criticised as unjustified limit of human rights". 7NEWS. 22 February 2023. Archived from the original on 16 June 2024. Retrieved 19 February 2025.
- ^ Messenger, Andrew; Gillespie, Eden (23 August 2023). "'Absolute dog act': Queensland Labor criticised for shock move to override state's Human Rights Act". The Guardian. ISSN 0261-3077. Archived from the original on 15 December 2023. Retrieved 19 February 2025.
- ^ Stewart, Rachel; Richards, Sarah (12 December 2024). "Tough youth justice laws pass Queensland parliament". ABC News. Retrieved 19 February 2025.
- ^ Kruk, Courtney (30 November 2024). "UN criticises Qld youth crime laws as LNP admits policies violate human rights". Brisbane Times. Archived from the original on 11 February 2025. Retrieved 19 February 2025.