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Human Rights Bill 2018 (QLD)

Year
2018
Jurisdiction
Queensland
Summary

Status: This Bill was introduced to the house of Representatives on the 31 October 2018 and referred to the Legal Affairs and Community Safety Committee on that date.

Stated Purpose:  This Bill has the objectives of respecting, protecting and promoting human rights; building a culture in the Queensland public sector that respects and promotes human rights; and promoting a dialogue about the nature, meaning and scope of human rights. The preamble specifically emphasises the special importance of human rights for the Aboriginal and Torres Strait Islander peoples of Queensland as Australia’s first peoples, highlighting self-determination as of particular significance. It States that whilst not a party to the United Nations Declaration on the Rights of Indigenous Peoples, the Australian Government supports the declaration as a non-legally binding document.

It amends the following Acts:

Anti-Discrimination Act 1991, the Corrective Services Act 2006, the Corrective Services Regulation 2017, the Disability Services Act 2006, the Family and Child Commission Act 2014, the Financial Accountability Act 2009, the Health Ombudsman Act 2013, the Industrial Relations Act 2016, the Industrial Relations (Tribunals) Rules 2011, the Information Privacy Act 2009, the Integrity Act 2009, the Ombudsman Act 2001, the Parliament of Queensland Act 2001, the Prostitution Regulation 2014, the Public Guardian Act 2014, the Public Sector Ethics Regulation 2010, the Public Service Act 2008, the Public Service Regulation 2018, the Queensland Civil and Administrative Tribunal Rules 2009, the Statutory Bodies Financial Arrangements Regulation 2007, the Statutory Instruments Act 1992 and the Youth Justice Act 1992.

Native title implications: Section 28(2) delineates the inalienable right of Aboriginal and Torres Strait Islander people:

(d) to maintain and strengthen their distinctive spiritual, material and economic relationship with the land, territories, waters, coastal seas and other resources with which they have a connection under Aboriginal tradition or Island custom; and

(e) to conserve and protect the environment and productive capacity of their land, territories, waters and coastal seas and other resources.

Section 107 notes that the Bill does not affect native title rights and interests, otherwise than in accordance with the Native Title Act 1993 (Cth).

For more information please see the Explanatory Notes.