Queensland Numbered Acts

HUMAN RIGHTS ACT 2019 - As at 7 March 2019 - Act 5 of 2019

TABLE OF PROVISIONS

           Preamble—

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement
   3.      Main objects of Act
   4.      How main objects are primarily achieved
   5.      Act binds all persons

           Division 2 - Interpretation

   6.      Definitions
   7.      Meaning of human rights
   8.      Meaning of compatible with human rights
   9.      Meaning of public entity
   10.     When function is of a public nature

   PART 2 - HUMAN RIGHTS IN QUEENSLAND

           Division 1 - Preliminary

   11.     Who has human rights
   12.     Human rights are in addition to other rights and freedoms
   13.     Human rights may be limited
   14.     Human rights are protected

           Division 2 - Civil and political rights

   15.     Recognition and equality before the law
   16.     Right to life
   17.     Protection from torture and cruel, inhuman or degrading treatment
   18.     Freedom from forced work
   19.     Freedom of movement
   20.     Freedom of thought, conscience, religion and belief
   21.     Freedom of expression
   22.     Peaceful assembly and freedom of association
   23.     Taking part in public life
   24.     Property rights
   25.     Privacy and reputation
   26.     Protection of families and children
   27.     Cultural rights—generally
   28.     Cultural rights—Aboriginal peoples and Torres Strait Islander peoples
   29.     Right to liberty and security of person
   30.     Humane treatment when deprived of liberty
   31.     Fair hearing
   32.     Rights in criminal proceedings
   33.     Children in the criminal process
   34.     Right not to be tried or punished more than once
   35.     Retrospective criminal laws

           Division 3 - Economic, social and cultural rights

   36.     Right to education
   37.     Right to health services

   PART 3 - APPLICATION OF HUMAN RIGHTS IN QUEENSLAND

           Division 1 - Scrutiny of new legislation

   38.     Statements of compatibility
   39.     Scrutiny of Bills and statements of compatibility by portfolio committee
   40.     Scrutiny of non-Queensland laws by portfolio committee
   41.     Human rights certificate for subordinate legislation
   42.     No effect on application of laws

           Division 2 - Override declarations

   43.     Override by Parliament
   44.     Statement about exceptional circumstances
   45.     Effect and expiry of override declaration
   46.     Re-enacting override declaration
   47.     No effect on validity

           Division 3 - Interpretation of laws

   48.     Interpretation
   49.     Referral to Supreme Court
   50.     Intervention by Attorney-General
   51.     Intervention by commission
   52.     Notice to Attorney-General and commission
   53.     Declaration of incompatibility
   54.     Effect of declaration of incompatibility
   55.     Giving copies of declaration of incompatibility
   56.     Action by Minister on declaration of incompatibility
   57.     Action by portfolio committee on declaration of incompatibility

           Division 4 - Obligations on public entities

   58.     Conduct of public entities
   59.     Legal proceedings
   60.     Entity may choose to be subject to obligations

   PART 4 - QUEENSLAND HUMAN RIGHTS COMMISSION

           Division 1 - Functions and powers of commission and commissioner under this Act

   61.     Functions
   62.     Powers

           Division 2 - Human rights complaints

              Subdivision 1 - Preliminary

   63.     Meaning of human rights complaint

              Subdivision 2 - Making and referring human rights complaints

   64.     Who may make human rights complaint to commissioner
   65.     Requirements for making human rights complaint to commissioner
   66.     Referral entity may deal with or refer human rights complaint
   67.     Form of human rights complaint

              Subdivision 3 - Dealing with human rights complaints

   68.     Preliminary inquiries
   69.     Commissioner must refuse to deal with particular complaint
   70.     Commissioner may refuse to deal or to continue to deal, or defer dealing, with complaint
   71.     Notice about refusing to deal, or deferring dealing, with complaint
   72.     When complaint lapses
   73.     Commissioner may refer human rights complaint to other entities
   74.     Commissioner may enter into arrangements with other entities
   75.     Dealing with human rights complaint under Anti-Discrimination Act 1991
   76.     Acceptance of human rights complaint by commissioner
   77.     Dealing with human rights complaint—generally
   78.     Commissioner may ask or direct relevant entity to give information

              Subdivision 4 - Conciliation of human rights complaints

   79.     Commissioner may conduct conciliation conference
   80.     Purpose of conciliation
   81.     Attendance at conciliation conference
   82.     Attendance by complainant
   83.     Representation
   84.     Use of interpreters and other persons
   85.     Conduct of conciliation conference
   86.     Confidentiality of conciliation conference
   87.     Conciliation does not affect other rights

              Subdivision 5 - Action on dealing with human rights complaint

   88.     Report about unresolved human rights complaint
   89.     Notice about resolved human rights complaint
   90.     Commissioner may publish information

           Division 3 - Reporting requirements

   91.     Annual report
   92.     Other reports
   93.     Report containing adverse comment
   94.     Attorney-General to table reports

   PART 5 - GENERAL

   95.     First review of Act
   96.     Further review of Act
   97.     Reporting requirements for certain public entities
   98.     Information request for reports
   99.     Giving of information protected
   100.    Anonymity
   101.    Proceedings for offences
   102.    Address for service
   103.    No address for service advised
   104.    Approved forms
   105.    Regulation-making power

   PART 6 - SAVINGS AND TRANSITIONAL PROVISIONS

   106.    Act does not affect laws about termination of pregnancy
   107.    Act does not affect native title rights and interests
   108.    Application of Act—generally

   PART 7 - AMENDMENT OF LEGISLATION

           Division 1 - Amendment of this Act

   109.    Act amended
   110.    Amendment of long title

           Division 2 - Amendment of Anti-Discrimination Act 1991

   111.    Act amended
   112.    Amendment of ch 7, pt 1 (What the Anti-Discrimination Commission may do)
   113.    Insertion of new s 140A
   114.    Amendment of s 221 (False or misleading information)
   115.    Amendment of s 222 (Obstruction)
   116.    Amendment of s 226 (Proceedings for offences)
   117.    Amendment of ch 9, pt 1 (The Anti-Discrimination Commission)
   118.    Replacement of s 234 (The Anti-Discrimination Commission and Commissioner)
   119.    Amendment of s 243 (Termination of appointment)
   120.    Amendment of s 244 (Delegation of power by commissioner)
   121.    Amendment of s 263C (General requirement for address for service)
   122.    Amendment of s 265 (Protection from civil actions—exercise of functions etc.)
   123.    Insertion of new ch 11, pt 6
   124.    Amendment of schedule (Dictionary)

           Division 3 - Amendment of Corrective Services Act 2006

   125.    Act amended
   126.    Insertion of new s 5A
   127.    Amendment of s 319D (No property or interest in right of complaint)
   128.    Amendment of s 319E (Complaint to chief executive required first)
   129.    Amendment of s 319F (Complaint to official visitor required first)

           Division 4 - Amendment of Corrective Services Regulation 2017

   130.    Regulation amended
   131.    Amendment of s 17 (Privileged mail)

           Division 5 - Amendment of Disability Services Act 2006

   132.    Act amended
   133.    Amendment of sch 8 (Dictionary)

           Division 6 - Amendment of Family and Child Commission Act 2014

   134.    Act amended
   135.    Amendment of sch 1 (Dictionary)

           Division 7 - Amendment of Financial Accountability Act 2009

   136.    Act amended
   137.    Amendment of s 63 (Annual reports)

           Division 8 - Amendment of Health Ombudsman Act 2013

   138.    Act amended
   139.    Amendment of s 30 (Cooperation with other entities)

           Division 9 - Amendment of Industrial Relations Act 2016

   140.    Act amended
   141.    Amendment of s 157 (Review on application by Anti-Discrimination Commission)
   142.    Amendment of s 253 (Orders on application etc.)
   143.    Amendment of s 531 (Decisions of the commission and magistrates)
   144.    Amendment of sch 5 (Dictionary)

           Division 10 - Amendment of Industrial Relations (Tribunals) Rules 2011

   145.    Rules amended
   146.    Amendment of r 80B (Application for order protecting complainant’s interests—Anti-Discrimination Act 1991, s 144)
   147.    Amendment of r 80C (Giving copy of order protecting complainant’s interests—Anti-Discrimination Act 1991, s 144)
   148.    Amendment of r 80D (Application for review of decision about complaint lapsing—Anti-Discrimination Act 1991, s 169)
   149.    Amendment of r 80E (Commission to give anti-discrimination commissioner and parties copy of reasons for decision)
   150.    Amendment of r 88B (Notice of appeal to anti-discrimination commissioner—Anti-Discrimination Act 1991)
   151.    Amendment of sch 2 (Dictionary)

           Division 11 - Amendment of Information Privacy Act 2009

   152.    Act amended
   153.    Amendment of s 165 (Privacy complaint may be made or referred to information commissioner)

           Division 12 - Amendment of Integrity Act 2009

   154.    Act amended
   155.    Amendment of sch 1 (Statutory office holders for section 72C)

           Division 13 - Amendment of Ombudsman Act 2001

   156.    Act amended
   157.    Amendment of sch 3 (Dictionary)

           Division 14 - Amendment of Parliament of Queensland Act 2001

   158.    Act amended
   159.    Amendment of s 67 (Resignation of particular office holders on becoming candidates)
   160.    Amendment of s 93 (Legislation)

           Division 15 - Amendment of Prostitution Regulation 2014

   161.    Regulation amended
   162.    Amendment of s 24 (Authority to keep and implement complaints policy)

           Division 16 - Amendment of Public Guardian Act 2014

   163.    Act amended
   164.    Amendment of s 144 (Complaints agency or other government service provider to inform public guardian about actions taken for complaint)

           Division 17 - Amendment of Public Sector Ethics Regulation 2010

   165.    Regulation amended
   166.    Amendment of schedule (Entities prescribed as public service agencies)

           Division 18 - Amendment of Public Service Act 2008

   167.    Act amended
   168.    Amendment of s 219A (Departments to have complaints management system for customer complaints)
   169.    Amendment of sch 1 (Public service offices and their heads)

           Division 19 - Amendment of Public Service Regulation 2018

   170.    Regulation amended
   171.    Amendment of sch 14 (Prescribed State employees)

           Division 20 - Amendment of Queensland Civil and Administrative Tribunal Rules 2009

   172.    Rules amended
   173.    Amendment of r 102 (Additional requirement for application for review of decision about a complaint lapsing)
   174.    Amendment of r 104 (Giving copy of application for order under Anti-Discrimination Act 1991, s 144)
   175.    Amendment of r 105 (Giving copy of order under Anti-Discrimination Act 1991, s 144)
   176.    Amendment of r 106 (Principal registrar to give copy of reasons for decision to anti-discrimination commissioner and parties)
   177.    Amendment of r 107 (Notice of appeal to anti-discrimination commissioner)

           Division 21 - Amendment of Statutory Bodies Financial Arrangements Regulation 2007

   178.    Regulation amended
   179.    Amendment of sch 3 (Statutory bodies allocated category 1 investment power)

           Division 22 - Amendment of Statutory Instruments Act 1992

   180.    Act amended
   181.    Amendment of s 49 (Subordinate legislation must be tabled)

           Division 23 - Amendment of Youth Justice Act 1992

   182.    Act amended
   183.    Amendment of s 263 (Management of detention centres)
           SCHEDULE 1