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Human Rights Act 2019.

Country
Type of law
Legislation
Date of original text
Date of latest amendment
Source

Abstract
The main objects of this Act are (a)to protect and promote human rights; and (b)to help build a culture in the Queensland public sector that respects and promotes human rights; and (c)to help promote a dialogue about the nature, meaning and scope of human rights. Part 2 provides definitions of human rights in Queensland (division 2 civil and political rights; division 3 economic, social and cultural rights) and clarifies that human rights are in addition to other rights and freedoms. Aboriginal peoples and Torres Strait Islander peoples hold distinct cultural rights; 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; their language, including traditional cultural expressions; their kinship ties; their distinctive spiritual, material and economic relationship with the land, territories, waters, coastal seas and other resources; to conserve and protect the environment and productive capacity of their land, territories, waters, coastal seas and other resources.
Part 3, Application of human rights in Queensland, puts in place a mechanism of scrutiny of new legislation to ensure compatibility with human rights; for new legislation the Legislative Assembly must prepare a statement of compatibility for the Bill, for non-Queensland laws the Legislative Assembly may refer it to a portfolio committee, for subordinate legislation the responsible Minister must prepare a human rights certificate for the legislation. The Parliament may expressly declare through an "Override declaration" that that an 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 the Act and must be accompanied by a Statement explaining the exceptional circumstances that justify including the override declaration. The Part continues requiring that 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 (Interpretation of laws division 3). The Part also regulates obligations of public entity to act or make a decision that is compatible with human rights and to give proper consideration to a human right relevant to the decision.
Part 4 regulates Queensland Human Rights Commission, functions and powers of Commission and Commissioner, and the process of human rights complains. How to make and refer human rights complaints, requirements; how the Commissioner must deal with complains and when to refer to other entities, how to conduct a conciliation conference; reporting requirements for the Commission.
Long title of text
An Act to respect, protect and promote human rights.
Notes
Including amendments up to Justice and Other Legislation Amendment Act 2020 (2020 Act No. 15).
Repealed
No
Source language

English

Legislation Amendment
No