Queensland Numbered Acts

HUMAN RIGHTS ACT 2019 - SECT 10

10 When function is of a public nature

(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—

(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.

(2) Subsection (1) does not limit the matters that may be considered in deciding whether a function is of a public nature.

(3) Without limiting subsection (1) or (2) , the following functions are of a public nature—

(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 .