Human rights
Our vision is for a modern, fair and responsive Queensland where we respect, protect and promote human rights. The Human Rights Act 2019 (the Act) protects the rights of everyone in Queensland. You don’t need to be a resident, or have a particular citizenship or visa status to be protected.
The main objects of the Act are to:
- protect and promote human rights
- help build a culture in the Queensland public sector that respects and promotes human rights
- help promote a dialogue about the nature, meaning and scope of human rights.
On this page
What are human rights
Human rights are inherent to all of us, regardless of our race, sex, nationality, ethnicity, language or any other aspect. In Queensland, the Act protects the following fundamental human rights, drawn from international human rights law:
- Cultural rights—Aboriginal peoples and Torres Strait Islander peoples (section 28)
- Cultural rights—generally (section 27)
- Property rights (section 24)
- Retrospective criminal laws (section 35)
- Rights in criminal proceedings (section 32)
- Right not to be tried or punished more than once (section 34)
- Rights of children in the criminal process (section 33)
- Right to education (section 36)
- Right to health services (section 37)
- Your right to a fair hearing (section 31)
- Your right to freedom from forced work (section 18)
- Your right to freedom of expression (section 21)
- Your right to freedom of movement (section 19)
- Your right to freedom of thought, conscience, religion and belief (section 20)
- Your right to humane treatment when deprived of liberty (section 30)
- Your right to liberty and security of person (section 29)
- Your right to life (section 16)
- Your right to peaceful assembly and freedom of association (section 22)
- Your right to privacy and reputation (section 25)
- Your right to protection from torture and cruel, inhuman or degrading treatment (section 17)
- Your right to protection of families and children (section 26)
- Your right to taking part in public life (section 23).
These rights are recognised in international human rights treaties including the:
- Universal Declaration of Human Rights
- International Covenant on Civil and Political Rights
- International Covenant on Economic, Social and Cultural Rights.
The human rights protected under the Act are not absolute. This means they must be balanced against the rights of others and public policies.
Our obligations under the Act
Public entities have a responsibility to respect, protect and promote your human rights. They must do this with their actions and decisions—in practice, this means fairer laws, policies and public services.
Under section 58, the Act requires public entities to act and make decisions in a way that is compatible with human rights, and to properly consider human rights when making decisions.
An act or decision is compatible with human rights if it does not limit a human right or only limits a human right in a way that is reasonable and justifiable.
What are public entities?
Public entities are:
- Queensland Government departments and agencies
- local governments in Queensland
- public sector employees
- ministers
- a private business or non-profit organisation that is performing a function on our behalf
- courts and tribunals (when acting in an administrative capacity).
Making a human rights complaint
If you believe a public entity has not done what it must do under the Act, you can make a formal complaint.
To lodge a human rights complaint, you first need to reach out to the public entity that you believe has not done what it must do under the Act. Make sure you include detailed information about the act or decision that has affected you and how you believe it has impacted your human rights.
Once your complaint is lodged, we have 45 business days to respond.
If you don’t receive a response within 45 business days or you believe the response is not adequate, you can reach out to the Queensland Human Rights Commission (QHRC).
Learn more about how to make a human rights complaint by watching our video.
In Queensland, the Human Rights Act protects specific human rights by requiring that public entities:
- act and make decisions in a way that is compatible with human rights, and
- consider human rights before making a decision.
The Act protects 23 internationally recognised human rights, such as the right to life, right to privacy and the right to education.
You can find out more about the rights protected under the Human Rights Act by visiting the Queensland Government website or the Queensland Human Rights Commission.
Under the Queensland Human Rights Act, public entities are:
- state government departments and agencies
- public service employees
- Queensland Police Service and other emergency services
- State Government Ministers
- public schools
- public health services such as hospitals
- local governments, councillors, and council employees
- organisations providing services of a public nature.
If you think a public entity hasn’t met its obligations under the Act, you can lodge a complaint.
Before lodging your complaint, you need to make sure that the public entity has made a decision that affects and limits your human rights.
Steps to submit a human rights complaint
First
You need to reach out and complain directly to the public entity that you believe has acted incompatibly with your human rights. This provides the public entity with an opportunity to engage with you and help resolve the complaint.
To make a human rights complaint you need to:
- Provide details of the act or decision that has impacted you, including how it has impacted your human rights
- Explain how the act or decision has infringed on your human rights
and/or
- Explain why you believe the public entity did not give proper consideration to your human rights when making their decision.
If you’re not sure whether your complaint involves your human rights, make sure you include enough information to help the officer who receives your complaint understand what happened.
Providing detailed information in your complaint can save you and the public entity time.
Second
Once your human rights complaint is lodged, the public entity has 45 business days to respond.
You and the public entity should make a genuine effort to resolve the complaint during this period.
If you don’t receive a response within 45 business days, or if you believe the response is inadequate, you can submit your complaint to the Queensland Human Rights Commission.
You can find more information about human rights and complaints at www.qld.gov.au/humanrights.
Complaints to government departments
Each department or agency has its own process in place to manage complaints. There is information about how you can reach out on their websites:
- Department of Premier and Cabinet
- Public Sector Commission
- Department of State Development, Infrastructure and Planning
- Queensland Treasury
- Department of Trade, Employment and Training
- Department of Natural Resources and Mines, Manufacturing and Regional and Rural Development
- Queensland Health
- Department of Justice
- Department of Education
- Queensland Police Service
- Department of Youth Justice and Victim Support
- Queensland Corrective Services
- Transport and Main Roads
- Department of Local Government, Water and Volunteers
- Queensland Fire Department
- Department of Housing and Public Works
- Department of Primary Industries
- Department of Women, Aboriginal and Torres Strait Islander Partnerships and Multiculturalism
- Department of Environment, Tourism, Science and Innovation
- Department of Families, Seniors, Disability Services and Child Safety
- Department of Sport, Racing and Olympic and Paralympic Games
- Department of Customer Services, Open Data and Small and Family Business
Learn more about contacting Queensland Government departments and agencies.
More information
Human Rights Act
- Human Rights Act 2019
- Explanatory notes (PDF, 837KB)
- Explanatory speech (PDF, 63 KB)
- Committee report (PDF, 1 MB)