2020-02-11 Services and Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                              11 FEBRUARY 2020


The Act is important because it will:
    protect the rights of vulnerable Queenslanders by addressing disadvantage;
    result in development of a human rights culture across communities in Queensland;
    lead to improved law making and government policy;
    result in improved public service delivery; and
    assist Australia to fulfil its international human rights obligations.

Importantly, the Act creates a ‘dialogue model’ of rights that are designed to ensure human rights
are considered in the development of laws and policies; in the delivery of public services; and, in
government decision-making. Furthermore, the Act is also modelled on similar human rights laws
that are in operation in ACT and VIC.

One of the key requirements of the Act is to ensure Council’s actions and decisions are
‘compatible with human rights’ which means that Council needs to:
    act and make decisions compatibly with human rights;
    develop policy and legislation compatibly with human rights; and
    interpret legislation compatibly with human rights.

If Council does not comply with the requirements of the Act, a person can make a complaint to
Council, who has 45 days to respond, after which the individual can make a formal complaint to
the Queensland Human Rights Commission (QHRC) if their complaint remains unresolved (for
example, if they do not receive a response or they feel the response is inadequate).

2.    Council Human Rights Policy

In order to ensure compliance with the Act, a Council Policy has been prepared for Council
adoption – see Attachment 1. This Policy clearly outlines:
    what the Act means for individuals;
    how Council will apply and interpret the Act;
    the complaints management process; and
    mechanisms for external review.
This Policy has been prepared by aligning with best practice recommendations from the QHRC
and Victorian government, who have a similar Act in force.

Furthermore, Council’s Executive Team have been briefed on the development of the Policy and
have subsequently provided feedback prior to submission to Council.

In conjunction with the Policy, the following implementation activities are underway:
    Council will be updating communications on our website to bring awareness to the new Act.
    A new human rights complaint form will be available for people to access on Council’s
      website. This form is required to be completed when submitting a human rights complaint.
      This form will assist Council staff in having all of the necessary information in an efficient
      and timely manner so an outcome can be provided back to the complainant within the
      legislative timeframe.
    Council officers will be attending training to ensure compliance with the Act.

3.    New delegations
Delegations are the process by which the Council delegates local government powers under
relevant legislation to implement and enforce legislation, standards and requirements.
‘Delegation’ to the Chief Executive Officer (CEO) and council officers will ensure actions
undertaken by council are compliant with State Government legislative requirements. These


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