For Public Sector and Public Authorities

Discussion questions

1. To what extent has the implementation of the Act helped to build a culture of human rights in the Queensland public sector?
   • Noting the Working for Queensland survey 2023 results of 77% for the ‘Human rights and my job’ question, how would you best characterise the way the HRA is talked about in your department?
     • It is seen as an administrative burden
     • It is seen as a risk management tool
     • It is seen as an expression of our values
     • It is seen as an aspiration only
   • Can you suggest any process improvements for using the Act?
   • How does the Act work with key strategic documents for your department - such as charter letters, the Queensland Plan, the Code of Conduct, the Even Better Public Sector Strategy?
   • Can you name a difference in a policy measure because of the Act?
   • How does the Act influence your ethical practice as a public servant?
   • Has your organisation found the Act challenging or helpful in the following activities?
     • Policy development
     • Regulation
     • Monitoring and evaluation of programs
     • Budget measures
     • Stakeholders/co-design
     • Operational/program decisions
     • Legislative development
     • Complaints
     • Litigation
     • Interactions with the public?
2. What is your assessment of the role of support, education, training and guidance provided by the Queensland Government? What would help your organisation?
3. What is your assessment of the role of support, education, training and guidance provided by the Queensland Human Rights Commission? What would help your organisation?
4. Should any additional human rights be included as protected rights under the Act, including, but not limited to, rights under—
   1. the International Covenant on Economic, Social and Cultural Rights; or
   2. the Convention on the Rights of the Child; or
   3. the Convention on the Rights of Persons with Disabilities; or
   4. the Convention on the Elimination of All Forms of Discrimination against Women?
      

      For example: rights for victims of crimes (see q. 12), digital rights, rights of nature, the right to a clean, healthy and safe environment, right to challenge a wrongful conviction, right to housing, rights of future generations?

5. Should further or different provision be made in the Act about proceedings that may be brought or remedies that may be awarded in relation to acts or decisions of public entities made unlawful because of the Act?
6. Are the amendments made by the Act to the Corrective Services Act 2006 and the Youth Justice Act 1992 operating effectively, or should further or different provision be made for the interrelationship between the Act and those Acts?
7. Please comment on the effectiveness of existing protected rights (Part 2, Divisions 2 and 3 of the Act); and on whether there is any need to reform these provisions of the Act?
8. Please comment on the effectiveness of the scrutiny of legislation and regulation by Parliament (Part 3, Divisions 1 and 2 of the Act), and on whether there is any need to reform these provisions of the Act?
9. Please comment on the effectiveness of court and tribunal proceedings, including the interpretation of laws (Part 3, Division 3 of the Act), and on whether there is any need to reform these provisions of the Act?
10. Please comment on the effectiveness of the obligations of public entities to act and make decisions in a way that is compatible with human rights and to properly consider human rights in making a decision (section 58 of the Act), and on whether there is any need to reform these provisions of the Act?
11. Please comment on the effectiveness of the provisions in relation to human rights complaints and dispute resolution (Part 4, Division 2 of the Act), and on whether there is any need to reform these provisions of the Act?
12. Should the recognition of victims’ rights under the Charter of Victims’ rights in the Victims of Crime Assistance Act 2009 be incorporated into the Act? (as recommended by The Women’s Safety and Justice Taskforce in its Report - Hear her voice – Report two – Women and girls’ experiences across the criminal justice system and the Legal Affairs and Safety Committee Report on the Inquiry into Support provided to Victims of Crime (Report No. 48, 57th Parliament, May 2023))

The terms of reference for the Review note that any other matter the Reviewer considers appropriate and relevant may be explored. Please comment on any other issues relate to the operation of the HRA you think the Review should consider.

For example: What future challenges to human rights will Queensland face? How best to ensure the Brisbane Olympics protects and promotes human rights?

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