Queensland Rail is committed to respecting, protecting and promoting human rights. This includes contributing to a culture that respects and promotes human rights by, for example, ensuring that decisions are made in a manner which appropriately deals with human rights.
The Human Rights Act 2019
(the Act) protects fundamental human rights and places the human rights of individuals at the forefront of government and public entities decision-making and service delivery processes.
Protected human rights
The Act protects 23 fundamental human rights of individuals within Queensland, which are drawn from international human rights law:
- 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 peoples and Torres Strait Islander peoples
- Right to liberty and security of person
- Humane treatment when deprived of liberty
- Fair hearing
- Rights in criminal proceedings
- Children in the criminal process
- Right not to be tried or punished more than once
- Retrospective criminal laws
- Right to education
- Right to health services.
The human rights protected under the Act are not absolute and may be subject to limits that are reasonable and justifiable. Whether a limit on someone's human rights is reasonable and justifiable will include considering why their human rights have been limited (for example, public policy reasons). This means that an individual's human rights may need to be balanced against the rights of others (including the broader community).
Queensland Rail’s obligations under the Act
The Act requires Queensland Rail to act and make decisions in a way that is compatible with human rights. It also requires Queensland Rail to give proper consideration to relevant human rights when making decisions.
An act or decision of Queensland Rail will be 'compatible' with human rights if it does not limit an individual's human rights, or limits their rights only to the extent that is reasonable and demonstrably justifiable.
Queensland Rail seeks to deliver services, make decisions and interact with the community in ways which do not limit human rights.
Queensland Rail will only limit human rights in certain circumstances where the limit is reasonable and justifiable, and only after careful consideration.
Making a complaint to Queensland Rail
A Human Rights Unit has been established to receive complaints and can be contacted at email@example.com
or on 07 3072 8885.
If you believe that an act, decision or policy of Queensland Rail has not adequately respected your human rights under the Act you should make a complaint directly via the details provided above.
Queensland Rail has an obligation under the Act to respond to your complaint within 45 business days.
Complaints will only be able to be made regarding acts or decisions of Queensland Rail which occur on or after 1 January 2020.
Making a complaint to the Human Rights Commission
The Queensland Human Rights Commission (QHRC) have the power to deal with human rights complaints, and in doing so may conduct conciliation conferences.
If 45 business days have passed since you made a complaint to Queensland Rail and you have not received a response or you are not satisfied with the response provided, you may make a complaint to the QHRC.
If the QHRC process does not resolve the complaint, the QHRC will prepare a report about the complaint.
The QHRC will also report annually about the Act to Parliament.