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Qld lawyers respond to passing of Human Rights Act
Member associations and advocacy groups have welcomed the looming Human Rights Act in Queensland, after the bill for its enactment passed the state’s parliament on Wednesday afternoon.
Jerome Doraisamy
Queensland Law Society “joined much of the state in welcoming the historic passing” of the Human Rights Bill, with QLS President Bill Potts saying discussions around human rights legislation had been around for a long time, with very intense debate throughout.
Mr Potts explained that the bill would ensure respect for human rights across 23 areas, including freedom of expression, protection of families and children, recognition and equality before the law and the right to education and health services, to name a few.
“This bill adds to already existing rights and will lead to the creation of a Queensland Human Rights Commission which will enable Queenslanders to raise their concerns about human rights breaches from public entities,” he said.
“QLS and the solicitors of Queensland will always support good law for the public good, and we thank our working group members and solicitors who provided their feedback on this important piece of legislation.”
Queensland’s Attorney-General Yvette D’Ath has said that the legislation would create a “modern, fair and responsive” state.
Bar Association of Queensland president Rebecca Treston QC also welcomed the passing of the Human Rights Bill, saying barristers look forward to the human rights of each Queenslander being recognised and protected at law.
“The act introduces several important safeguards. Where a member introduces a new bill into parliament, the member must indicate the nature and extent of any inconsistency with the Human Rights Act,” she explained.
“Courts will be required to favour an interpretation of legislative provisions which is consistent with the Human Rights Act. In addition, there is power for the Supreme Court to issue a declaration of incompatibility in relation to offending laws. Public entities must make decisions in a way that is compatible with human rights, while certain civil and political rights (including access to health and education) will be guaranteed by the legislation.”
The bar especially welcomes the appointment of the new Human Rights Commissioner, Scott McDougall, Ms Treston added.
Australian Lawyers Alliance said the passage of the act was “an important step forward for the state”, but also highlights the lack of human rights protections across the rest of our country.
“The time is right to introduce a federal charter of rights. We welcome the Human Rights Act which provides the strongest model of human rights protection in Australia to date and sets an excellent example for our federal politicians,” said ALA Queensland president Greg Spinda.
“Queenslanders have understood the importance of human rights and this act will show other Australian states and the federal government how everyone’s rights should be protected in legislation.”
All Queenslanders will benefit from having their rights protected in law, Mr Spinda continued.
“Based on the experience in Victoria and ACT, people with disabilities, those facing homelessness and Aboriginal and Torres Strait Islander people in particular will benefit from the act,” he said.
“We are particularly pleased that the Queensland government has included the right to education and the right to health services in the act. The inclusion of these economic, social and cultural rights makes this the strongest legislative human rights charter enacted in Australia to date.”
“Human rights laws are positive and effective mechanisms for safeguarding the dignity and well-being of everyone in a healthy democracy. We call on the federal government to introduce similar human rights legislation.”
Jerome Doraisamy
Jerome Doraisamy is the editor of Lawyers Weekly. A former lawyer, he has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. He is also the host of all five shows under The Lawyers Weekly Podcast Network, and has overseen the brand's audio medium growth from 4,000 downloads per month to over 60,000 downloads per month, making The Lawyers Weekly Show the most popular industry-specific podcast in Australia. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of Minds Count.
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