Human Rights Act 2019

Human Rights Act 2019 (Qld)
Parliament of Queensland
Long title An Act to respect, protect and promote human rights
Citation	Human Rights Act 2019 (Qld)
Territorial extent	Queensland
Enacted by	Parliament of Queensland
Assented to	7 March 2019
Commenced	1 July 2019
Legislative history
Bill title	Human Rights Bill 2018
Bill citation	No. 5 of 2019
Introduced by	Yvette D'Ath
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 education, ^[1]

• a right to health, ^[2]
• a right to life. ^[3]
• a right to liberty and security of person ^[4]

The Act implements

• a freedom of association, ^[3]

• 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

1. Walsh, Tamara; Burton, Bridget (2020-03-01). "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 2023-03-11. Retrieved 2025-02-19.
2. 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.
3. Caldwell, Felicity (2018-10-31). "The human rights Queensland is set to enshrine in law". Brisbane Times. Archived from the original on 2024-06-15. Retrieved 2025-02-19.
4. Brennan, Dechlan (2024-12-03). "New laws in Queensland will bring 'devastating harms' to First Nations communities, peak Indigenous legal body says". National Indigenous Times. Retrieved 2025-02-19.
5. Chen, Bruce (2020-03-01). "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 2024-06-03. Retrieved 2025-02-19.
6. Unger, Carla Chan; Marshall, Shelley; Hutchings, Suzi (2021-10-22). "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 2023-12-11. Retrieved 2025-02-19.
7. "Queensland bail crackdown criticised as unjustified limit of human rights". 7NEWS. 2023-02-22. Archived from the original on 2024-06-16. Retrieved 2025-02-19.
8. Messenger, Andrew; Gillespie, Eden (2023-08-23). "'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 2023-12-15. Retrieved 2025-02-19.
9. Stewart, Rachel; Richards, Sarah (2024-12-12). "Tough youth justice laws pass Queensland parliament". ABC News. Retrieved 2025-02-19.
10. Kruk, Courtney (2024-11-30). "UN criticises Qld youth crime laws as LNP admits policies violate human rights". Brisbane Times. Archived from the original on 2025-02-11. Retrieved 2025-02-19.