Human Rights Bill 2018
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Legal Affairs and Community Safety Committee
That the bill be now read a second time
The motion passed.
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Ayes (49)
Noes (42)
That the preamble be agreed to
The motion passed.
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Ayes (49)
Noes (43)
▸9 members spoke5 support4 oppose
As Attorney-General, moved the bill and strongly advocated for it as delivering on the Palaszczuk government's election commitment to put people first, providing consolidated statutory protection of 23 human rights based on the Victorian model.
“This is our commitment to making sure that we put people first in all that we do: in our actions, in our decisions and in our interactions with one another.”— 2019-02-26View Hansard
Shadow Attorney-General outlined LNP opposition, arguing the bill infringes orthodox principles of statutory construction, tilts the separation of powers toward the judiciary, and that Queensland already has robust human rights protections through existing legislation, common law and the judiciary.
“The opposition's primary objection is that the bill infringes orthodox principles of statutory construction by requiring courts to interpret the bill's provisions in a way that is compatible or most compatible with another act, that is, the human rights listed in the bill.”— 2019-02-26View Hansard
Committee Chair and long-time advocate for human rights legislation, praised the bill as the best drafted human rights shield yet seen in Australia and highlighted the excellent low-cost complaints mechanism through the Human Rights Commission.
“I spoke about the need for the introduction of human rights legislation to protect vulnerable Queenslanders from the excesses of government.”— 2019-02-26View Hansard
Argued the bill is fundamentally undemocratic, distorts separation of powers by empowering judges and disempowering the legislature, and that vital human rights are already protected under the Westminster system without needing this legislation.
“A human rights act will fracture the fundamental foundations of Queensland's democracy by allowing judges to take on what has always been the role of the parliament and us as the people's representatives.”— 2019-02-26View Hansard
Expressed utmost pride in supporting the bill, praised the dialogue model for resolving human rights complaints, and highlighted the inclusion of rights to education and health services as going beyond other Australian and international jurisdictions.
“To stand here in this House and speak in support of the introduction of a human rights bill is something that I have the utmost pride in doing. This is an historic moment and I stand here with a view to history.”— 2019-02-26View Hansard
Argued the bill is unnecessary as all 23 rights are already protected through existing legislation, criticised it as self-promotion by government, and raised concerns about unforeseen litigation costs citing examples from the ACT and Victoria.
“I cannot help thinking that this bill is merely an act of self-promotion—to serve as a way government members can pat themselves on the back and tell Queenslanders, 'Look, we did something good for you.'”— 2019-02-26View Hansard
Supported the bill as a fair and compassionate reform that will build a culture of understanding, equality and tolerance, particularly highlighting clause 27 protecting cultural rights for multicultural communities.
“The historic introduction of the Human Rights Bill in Queensland will ensure that a strong culture of understanding, equality and tolerance is apparent across and within all that we do in government.”— 2019-02-26View Hansard
Argued the bill is a waste of parliament's time and resources as Australia already has comprehensive Commonwealth laws and robust judicial system; criticised it as pointless legislative duplication that would be overridden by federal law under section 109 of the Constitution.
“What is being achieved by this Human Rights Bill is nothing but a false sense of security, presenting a mirage of great promise sitting on the horizon that, if actually relied upon, would quickly vanish into nothing.”— 2019-02-26View Hansard
Gave powerful personal testimony as a Quandamooka woman whose grandparents were never counted as human beings under Australian law, arguing the bill ensures future legislation will consider human rights of all people and particularly recognises the distinct cultural rights of First Nations peoples.
“I am the granddaughter of a Quandamooka man and a Kanjuu woman who were never counted as human beings; they were counted as animals in this country.”— 2019-02-26View Hansard
That the bill be now read a third time
The motion passed.
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Ayes (49)
Noes (43)
That the long title of the bill be agreed to
The motion passed.
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Ayes (49)
Noes (43)
Plain English Summary
Overview
This bill creates Queensland's first Human Rights Act, establishing statutory protections for 23 fundamental rights including the right to life, liberty, privacy, freedom of expression, and fair treatment. It requires government agencies to act compatibly with human rights and creates a complaint mechanism through the Queensland Human Rights Commission.
Who it affects
All Queenslanders gain human rights protections when dealing with government services, with special recognition of Aboriginal and Torres Strait Islander cultural rights, and protections for children and people in detention.
Key changes
- Establishes 23 protected human rights in Queensland law, including civil, political, cultural, and some social rights
- Requires all public entities to act and make decisions compatibly with human rights
- All bills introduced to Parliament must include a statement of compatibility with human rights
- Creates the Queensland Human Rights Commission to handle complaints and promote human rights understanding
- Courts must interpret laws consistently with human rights where possible, and can declare legislation incompatible
- Explicitly recognises the distinct cultural rights of Aboriginal and Torres Strait Islander peoples