Human rights are fundamental principles that recognise the inherent dignity and worth of every individual. They are essential to ensuring that people live with dignity, respect, and freedom, and they form the cornerstone of a just and equitable society. In Queensland, the significance of human rights has been underscored by the enactment of the Human Rights Act 2019, which has provided stronger legal protections and promoted a culture of human rights across the State.
The Queensland Public Trustee: A century-long commitment to human rights
The Queensland Public Trustee (QPT), established in 1916 during the height of World War I, has long played a vital role in protecting the interests of Queenslanders. Initially known as the Public Curator, the QPT was primarily responsible for drafting Wills for young men conscripted into service. Over the past century, QPT has evolved into a customer-centric organisation, committed to embedding human rights in its operations.
As part of its "Customers First" reforms, the QPT has integrated consideration of human rights into its decision-making processes. These reforms have led to the creation of the Office of the Customer Advocate, established to provide an independent voice for QPT customers and their support network to ensure their voices, situations and needs are heard and understood.
The Human Rights Act 2019: A milestone in legal protections
The Human Rights Act 2019 was a significant legislative development in Queensland, addressing the need for comprehensive legal protections for human rights.
The Act aims to protect and promote human rights and freedoms and, recognises the importance of exercising these rights in a manner that respects the dignity and rights of others. Under the Act, public entities, including the QPT, are required to consider the impact of their decisions on the human rights of individuals they serve.
When the Queensland Civil and Administrative Tribunal (QCAT) or the court appoints QPT as an administrator for a customer, QPT follows decision-making frameworks that consider the effect of decisions on the relevant customer’s human rights. This approach is further reinforced by other relevant legislation, such as the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998, which contain "General Principles" that decision-makers, such as the QPT must observe in addition to the Human Rights Act 2019.
The scope of human rights in Queensland
The Human Rights Act 2019 protects 23 fundamental human rights which are:
- recognition and equality before the law
- right to life
- protection from torture and cruel, inhuman, or degrading treatment
- freedom from forced work
- freedom of movement
- freedom of thought, conscience, religion and belief
- freedom of expression
- peaceful assembly and freedom of association
- taking part in public life
- property rights
- privacy and reputation
- protection of families and children
- cultural rights – generally
- cultural rights – Aboriginal and Torres Strait Islander people
- right to liberty and security of person
- humane treatment when deprived of liberty
- fair hearing
- rights in criminal proceedings
- children in criminal process
- right not to be tried or punished more than once
- retrospective criminal laws
- right to education
- right to health services.
The Act allows human rights to be limited where the limitation is "demonstrably justified in a free and democratic society based on human dignity, equality, and freedom."
Ensuring human rights in practice
The QPT is committed to ensuring that its decisions and actions are consistent with the Human Rights Act 2019. QPT will, where possible and appropriate, always consider the wishes and preferences of the customer they are making decisions for. This approach reflects QPT's dedication to promoting the dignity and autonomy of those under its care, in line with our Structured Decision-Making Framework.
For more information on human rights in Queensland, including your rights, responsibilities, and available resources, visit the Queensland Human Rights Commission website.