HUMAN RIGHTS ACT 2019 - As at 20 September 2023 - Act 5 of 2019
- As at 20 September 2023
- Act 5 of 2019
Table of Provisions
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
Division 1 - Preliminary
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 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
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
