2020-02-11 Services and Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                            11 FEBRUARY 2020


3                        HUMAN RIGHTS POLICY AND NEW DELEGATIONS
DOCUMENT INFORM AT ION




Author                              Governance Advisor, Diana Stewart
                                    Executive Services Department

Index                               ECM/ Subject/ Council Meetings Reports

Attachments                         1.   Council Policy: Human Rights
                                    2.   Delegations of Authority: Human Rights


EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Governance Advisor to the Services & Organisation
Committee Meeting dated 11 February 2020 and:
A.                       Adopt the Human Rights Policy as outlined in Attachment 1; and
B.                       Pursuant to section 257 of the Local Government Act 2009 (QLD), agree to delegate the
                         powers for the Human Rights Act 2019 (QLD) to the Chief Executive Officer as outlined in
                         Attachment 2.


REPORT
Local Government is under a general obligation to comply with all relevant State and
Commonwealth laws and regulations and all employees have a responsibility to ensure their
work activities, on behalf of Council, comply with the applicable laws. Compliance is embedded
into the day to day business management by delegating responsibilities into the appropriate
operational areas. Recently, the Human Rights Act 2019 (QLD) has come into effect imposing
new regulatory requirements on Council.

1.                       Human Rights Act 2019 (QLD)

Queensland’s Human Rights Act 2019 (“the Act”) commenced on 1 July 2019. The Act requires
public entities1 to make decisions and act compatibly with human rights. Obligations for public
entities under the Act commenced on 1 January 2020.

The main objects of this Act are:
(a)                      to protect and promote human rights;
(b)                      to help build a culture in the Queensland public sector that respects and promotes human
                         rights; and
(c)                      to help promote a dialogue about the nature, meaning and scope of human rights.2

The Act achieves a consolidated statutory protection of various human rights, including property
rights and privacy and reputational rights. In total there are 23 fundamental human rights3
outlined in the Act (21 civil and political rights, 2 economic, social and cultural rights).



1 Local government is considered a ‘core public entity’ under section 9 of the Human Rights Act 2019 (QLD).
2 Human Rights Act 2019 (QLD) s 3.
3 Human Rights Act 2019 (QLD) s 7.


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