The Human Rights Act 2019 (the Act) commenced in full on January 1, 2020. The Act protects 23 Human Rights.
Public entities, including Council need to act compatibly with human rights and to give proper consideration to human rights before making a making decision and providing services.
Compatible with human rights is defined in section 8 of the Act. Section 8 says that an act or decision will be compatible withhuman rights if:
it does not limit a human right, or
it limits a human right only to the extent that is reasonable and demonstrably justifiable, in accordance with section 13 of the Act.
This means that every act, policy or decision by a public entity must be assessed for compatibility with these rights.
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; and
help promote a dialogue about the nature, meaning and scope of human rights.
From 1 January 2020, if you feel that Council has acted incompatibly with your human rights you have the right to complain and seek remedies.
Under the Act an individual must first raise a complaint directly with Council. Once 45 business days have elapsed the person may refer the matter to the Queensland Human Rights Commission if the complaint has not been responded to or the person is not satisfied with the response.