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Queensland Human Rights Commission

Locality: Brisbane, Queensland, Australia

Phone: +61 1300 130 670



Address: 53 Albert St 4000 Brisbane, QLD, Australia

Website: http://www.qhrc.qld.gov.au

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25.01.2022 It’s #HRM2020 and today’s right in focus is the right not to be tried or punished more than once. It’s protected by section 34 of Queensland’s Human Rights Act and means that: - If a court has already made a final decision about a crime, you can’t be tried again for the same crime. - You can’t be punished more than once for a crime.... This principle commonly referred to as ‘double jeopardy’ relates to criminal offences, not to civil trials. That doesn’t necessarily mean a person convicted of a crime can’t be penalised by professional bodies. For example, a psychologist convicted of a number of fraud offences under Victoria’s Crimes Act, was also able to be subject to disciplinary proceedings by the Psychology Board of Australia, without it being a violation of her right not to be tried and punished more than once. This right only applies after someone has been ‘finally’ acquitted that is, all appeals have been exhausted but does not prevent cases from being reopened if an appeal court finds there has been a miscarriage of justice. For more detail visit our website at https://www.qhrc.qld.gov.au//right-not-to-be-tried-or-puni [Image: illustration of a judge in court. They are sitting behind a brown bench. There is a prisoner behind a smaller brown bench next to the judge. The judge has the gavel raised as if they are about to make a ruline. The background is gold and white, and across the image text reads Right not to be tried or punished more than once: Section 34 of Queensland’s Human Rights Act 2019. At the bottom of the image is the QHRC logo on the left, and the #HRM2020 hashtag and Commission website (www.qhrc.qld.gov.au) on the right.]



22.01.2022 Our focus today for Human Rights Month is on cultural rights. As well as protecting general cultural rights in section 27, the Human Rights Act also protects the specific cultural rights of Aboriginal peoples and Torres Strait Islander peoples through section 28, which means that: - Aboriginal people and Torres Strait Islander people can enjoy their culture. - This includes their traditional knowledge, spiritual practices, beliefs and teaching. - Aboriginal people and Torres...Continue reading

21.01.2022 Today’s right in focus for #HRM2020 is the right to fair hearing. This is protected under section 31 of Queensland’s Human Rights Act and means that: - If you are charged with a criminal offence, or you are a party in a civil claim in a court or tribunal, the process must be fair. - You can tell your story about what happened. - You can get help from someone if without that help you will not have a fair trial for example, you may need a lawyer or an interpreter.... - People who make decisions about you in courts and tribunals must: have the right training and experience to do their job make their own decision without anyone else telling them what to do. - Everyone should be able to find out decisions made by a court or tribunal. - There are certain times when people won’t be allowed to watch what happens in a court or tribunal. For example, when children are involved. There are several rights in the Act which refer to various aspects of criminal law. This is one of them, and it complements the rights in criminal proceedings protected under section 31, which we’ll look at tomorrow. The right to fair hearing extends to civil cases as well as criminal ones. It lays out the criteria for fair trial, including ‘a competent, independent and impartial court or tribunal’ and a ‘fair and public hearing’. The ‘fair’ in this right is about the procedure. It provides a right for parties to be heard, and to respond to allegations against them, and requires courts to be unbiased and independent. This right also means that judgements and decisions of courts and tribunals should be made public, but allows for media and the public to be excluded from a hearing if it is in the public interest to do so. Sometimes it is necessary for a person involved in a court or tribunal case not to be identified, so as to protect their privacy or security. You can read more about the right to fair hearing on our website at https://buff.ly/3o0lEDQ [Image: illustration of a an open book with a gavel on a navy and white background. The book and gavel are both gold, orange, red and brown. No text is visible in the book. Text across the image reads ‘Right to a fair hearing: Section 31 of Queensland’s Human Rights Act 2019.’ At the bottom of the image is the QHRC logo on the left, and the #HRM2020 hashtag and Commission website (www.qhrc.qld.gov.au) on the right.]

20.01.2022 #NAIDOC Week continues and with this year’s theme being ‘Always was, always will be’, celebrating Aboriginal and Torres Strait Islander peoples’ ongoing connection to culture and country, we’re thinking about this quote from last year’s Mabo Oration. The Mabo Oration is an event we hold every second year, in partnership with QPAC. It celebrates and pays tribute to Eddie Mabo and the landmark High Court decision which legally recognised that Aboriginal and Torres Strait Islan...der people had a special relationship to the land that existed prior to colonisation. Last year’s address featured Luke Pearson, founder and CEO of IndigenousX, as our orator. You can download a poster version of the image above, as well as read Luke’s address or any of our previous Orations, on our website at https://www.qhrc.qld.gov.au//for-aboriginal-a/mabo-oration. [Image is a poster commemorating the 2019 Mabo Oration. At the bottom of the poster is a photo of the Torres Strait - the islands are green and some trees are visible, but they are too far away to see any detail. The ocean is bright blue and there are clouds across the sky. The photo fades up into a white background for the rest of the poster. Text in aqua at the top right says '2019 Mabo Oration, delivered by Luke Pearson, 3 June 2019'. Below is a quote from oration in navy text which reads: "He fought for his truth, a truth that he never lost sight of, and the truth that belongs to all Indigenous peoples - a very simple, but very profound truth: that this is our land. We are the sovereign peoples of this land. Our sovereignty was never ceded."]



20.01.2022 Today’s focus for #HRM2020 is section 32 of Queensland’s Human Rights Act: rights in criminal proceedings. Section 32 means that: - You are not guilty of a crime until it is proved in court. - You have to be told why you have been charged with a criminal offence. - You can get this information in your own language or in a way you can understand.... - You can get help from a lawyer. - No one can make you say that you did something. - Children should be treated differently to adults. - The procedure for dealing with a child should suit the child’s age, and help the child not to commit any crimes in the future. - If the judge says you are guilty you can ask a higher court to look at your case again. Rights in criminal proceedings overlap with the right to fair hearing, which we examined yesterday, and they relate to people who are charged with and/or convicted of a criminal offence. In Victoria, where a similar protection is found in the Victorian Charter of Human Rights and Responsibilities Act 2006, this has been interpreted to mean that it applies from the time the police first indicate that charges will be laid. In one of the first examples we heard about here at the Commission of the Human Rights Act being used in court, a man had charges against him dismissed after the prosecution had sought an application to adjourn a hearing because their witnesses weren’t present. The defence lawyer argued an adjournment would be contrary to the man’s right to be heard without unreasonable delay, and the prosecution’s application was refused. This meant the prosecution offered no evidence on the charges, and the Court dismissed them. In another case, a court stopped the prosecution continuing with a charge because there had been an unreasonable delay in bringing the case to trial. The person was originally charged in 2002. You can read more about rights in criminal proceedings on our website at https://buff.ly/36aSo73. [Image: illustration of a judge behind a desk on an aqua and white background. The judge has short white hair and their robes and the gavel on the desk are navy. The desk is dark brown and there are some papers on it with writing we can’t read. Text across the image reads ‘Rights in criminal proceedings: Section 32 of Queensland’s Human Rights Act 2019.’ At the bottom of the image is the QHRC logo on the left, and the #HRM2020 hashtag and Commission website (www.qhrc.qld.gov.au) on the right.]

19.01.2022 Today’s focus for #HRM2020 is on the rights of children in the criminal process. These rights are protected by section 33 of Queensland’s Human Rights Act and mean that: - Children have to be in a different place from adults who are in prison. - If the police say a child has broken the law, the child’s case should go to court as quickly as possible. - If a judge says a child broke the law, the child has to be treated in a way that is right for their age ....Continue reading

19.01.2022 Today is the end of NAIDOC Week for 2020 a different #NAIDOC Week than most, but still an important opportunity to celebrate First Nations culture and ongoing connection to country. There’ll be more on human rights particularly cultural rights for Aboriginal and Torres Strait Islander people coming up later in Human Rights Month, but here’s a really good overview if you’re looking for a place to start. ‘Human rights and discrimination: a guide for our mob’ was develop...ed by our Aboriginal and Torres Strait Islander Unit here at the Commission, and looks at the most common human rights which impact on First Nations Queenslanders, as well as what discrimination and vilification law says and where and how to make a complaint. You can read or download it on our website at https://www.qhrc.qld.gov.au//for-abori/a-guide-for-our-mob. [Image is from the cover of this guide and is a photo of a beach. The water is pale blue and very calm. It is a clear day and the sky is also pale blue. There is a large crop of red rock close to the water. A young man is climbing along the top of it, wearing red shorts, a yellow cap, and a black shirt with the Aboriginal flag on the front.]



15.01.2022 It’s Human Rights Month and today’s right in focus is the right to protection from torture and cruel, inhuman or degrading treatment. This right is protected under section 17 of Queensland’s Human Rights Act and means:...Continue reading

15.01.2022 This is one of the most common questions we’re asked about the Act. While there is no explicit right to housing included, interference with someone’s home is in fact covered by section 25, the right to privacy and reputation. Under this section, the Act specifies that someone’s ‘privacy, family, home or correspondence’ cannot be ‘unlawfully or arbitrarily interfered with’ so it does not guarantee the right to housing for those who do not currently have a home, but it does ...offer some protection for people in housing. We’ve been working with a social housing provider during 2020 on a pilot model to help them review their policies, practices and services for compatibility with human rights. As part of the ongoing training and development being undertaken with their team we’ve heard about some of the changes in the way they operate because of the Human Rights Act, including cases like this one: One of the tenants being supported by the housing provider was sentenced to a short prison term. The provider discovered that the tenant’s young child was being cared for by a family member in the property without a formal tenancy arrangement. Under law, this meant they could terminate the tenancy because of the extended absence of the mother and rent arrears that would accrue but staff were particularly aware of the tenant’s human rights as well as those of her child, and instead of terminating the tenancy, the woman was connected with a support service while inside, and everyone involved worked together to find a solution. Other family members temporarily covered the rent so that the property would be there for the mother when she was released from prison, and her child had stability and care. Many women leaving prison find themselves homeless, even though most are incarcerated for less than three months. This is just one example of how an awareness of human rights and a willingness to think creatively about solutions can lead to what are potentially life-changing outcomes. [Image: an aqua and gold speech bubble sits on a red and white background. Inside it is white text that reads why is there no right to housing under the Human Rights Act? At the bottom of the tile is the QHRC logo on the left, and the #HRM2020 hashtag and Commission website (www.qhrc.qld.gov.au) on the right.]

15.01.2022 It’s Human Rights Month and today’s right in focus is the protection of families and children. This right is protected by section 26 of Queensland’s Human Rights Act and means that: - Families are important, and the government has an obligation to protect families. - Children have special protection because of their age. The government must use special measures to protect children....Continue reading

09.01.2022 Today as part of #HRM2020 we’re looking at the right to humane treatment when deprived of liberty. This right is protected by section 30 of Queensland’s Human Rights Act and means that: - If your freedom is taken away you have to be treated with respect and dignity. - Until you are charged and found guilty of an offence, you have to be kept separate from people who have been found guilty.... While the focus of this right might seem to be largely on the criminal process, where it’s arisen most prominently in Queensland since the commencement of the Act is in relation to mandatory hotel quarantine during the COVID-19 pandemic. Hotel quarantine was the subject of many enquiries and several human rights complaints lodged with us at the Commission this year. While some of the complaints and enquiries were about having to quarantine at all, most centred around conditions in hotel quarantine in particular, the lack of fresh air or ability to go outside. Under the Human Rights Act, if a complaint to the Commission is not resolved, there is no option for the complaint to go to a tribunal. However, we can publish information about these unresolved complaints, including any recommendations that the public entity should do so that future acts and decisions are compatible with human rights. We published our first such report last month, on a complaint regarding conditions in hotel quarantine. The complaint was lodged by a woman who did not get access to fresh outside air for the entirety of her 14 day stay in mandatory self-funded quarantine. Her room had no balcony or opening windows and she was not given fresh air breaks outside even though she asked for them. In the report, the Commissioner considered that because of these conditions, the complainant’s right to humane treatment when deprived of liberty had been limited. You can read the report on our website at https://buff.ly/3dIeaBy or listen to Commissioner Scott McDougall on ABC Radio National Breakfast last month discussing the report and its recommendations: https://buff.ly/3q8OaFg. [Image: illustration of a pair of red handcuffs on an aqua and white background. Text across it reads ‘Right to humane treatment when deprived of liberty: Section 30 of Queensland’s Human Rights Act 2019.’ At the bottom of the image is the QHRC logo on the left, and the #HRM2020 hashtag and Commission website (www.qhrc.qld.gov.au) on the right.]

09.01.2022 Over the past couple of days for #HRM2020 we’ve been looking at the cultural rights protected by the Act, both generally and for Aboriginal peoples and Torres Strait Islander peoples. The question of how cultural rights for First Nations Queenslanders interact with other laws particularly Native Title and Queensland’s Cultural Heritage Act is one of the more common questions asked of our Aboriginal and Torres Strait Islander Unit here at the Commission. Because the Nati...Continue reading



09.01.2022 Our Commissioner, Scott McDougall, spoke at last week’s Youth Advocacy Centre AGM on youth justice you can read the rest of his speech on our website at https://buff.ly/2HF67cT. [Image: text based slide featuring a quote by Queensland Human Rights Commissioner Scott McDougall that reads: I don’t think I have ever seen such a singularly powerful expression of the continuing impact of colonisation on First Nations communities than the material displayed on a wall within th...e Cleveland’s detention centre’s administration building. On this wall were polaroid photos of each of the 90 young people in the Centre, marked with their name, age and place of origin. Standing in front of 87 Aboriginal and Torres Strait Islander faces yes, all but 3 were Indigenous - many of them in their early teens, is not something that I will easily forget. Their eyes showed fear, confusion and despair. Underneath the quote is the QHRC logo on the left, and the #HRM2020 hashtag and Commission website (www.qhrc.qld.gov.au) on the right.]

09.01.2022 It’s Human Rights Month and today’s right in focus is property rights. This is protected by section 24 of Queensland’s Human Rights Act and means that: - You can own things like a house, car or phone. - The government can’t take away your things unless the law says they can for example, laws that ban owning certain weapons or types of animals.... Many people hear ‘property’ and immediately think of homes or land, but the right extends much more broadly than that. This right hasn’t often arisen, either here or in other states and territories where it’s protected under law, but it has been considered in cases where administrators are appointed to take control of the financial affairs of people with impaired decision-making capacity, for example. There’s more information on our website at https://buff.ly/35RiHPP. [Image: an illustration a backpack and a mobile phone sit on an orange and white background. The backpack is aqua, navy and gold, and the phone is aqua and navy. In a gold rectangle across the image white text reads: Property rights. Underneath that navy text reads: Section 24 of Queensland’s Human Rights Act 2019. At the bottom of the tile is the QHRC logo on the left, and the #HRM2020 hashtag and Commission website (www.qhrc.qld.gov.au) on the right.]

07.01.2022 It’s Human Rights Month and today’s right in focus is the right to liberty and security of person. This is protected by section 29 of Queensland’s Human Rights Act and means that: - You have the right to be free and safe. - You can only be arrested or put in prison in accordance with the law. - If you are arrested or detained, you are entitled to certain minimum rights.... These rights are complemented by others in the Act, including the rights to freedom of movement and to humane treatment when deprived of liberty (which we’ll look at tomorrow). The right to liberty and security of person applies to people being detained, and not only those arrested or held as part of the criminal process, but also people who are in any form of detention where they’re deprived of their liberty. It’s a very dense section of the Act compared to some of the other rights, and includes 8 subsections relating to different aspects of this right, including: - People who are detained must be told at the time of arrest or detention why they are being detained, and if there are any charges being brought against them; - People detained on a criminal charge should be brought to trial ‘without unreasonable delay’ and should be released if not; - People awaiting trial should not be automatically detained; and - People must not be imprisoned only because they are unable to ‘perform a contractual obligation’ for example, if they are unable to pay a fine or a debt. Apart from arrest, remand, and other parts of the criminal process, this right can apply to people detained for treatment in a mental health facility, or to those detained to prevent the spread of disease, for example. More information on this right is available on our website at https://buff.ly/361CtI5 [Image: illustration of a silver and gold padlock with a silver key in it, on an orange and white background. Across it text reads ‘Right to liberty and security of person: Section 29 of Queensland’s Human Rights Act 2019’. At the bottom of of the image is the QHRC logo on the left, and the #HRM2020 hashtag and Commission website (www.qhrc.qld.gov.au) on the right.]

06.01.2022 It’s Human Rights Month and today’s right in focus is the right to privacy and reputation. This right is protected by section 25 of Queensland’s Human Rights Act and means that: - You can keep your life private. - The government can’t share information about you, or come into your home or search you or your bag, unless you say they can. - There are times when the law says your information can be shared, or your home or bag can be searched.... - The government can’t say things about you that aren’t true or make you look bad. - The government can’t interfere with your family life or home unless the law says they can for example, if police have a warrant to search your house, or orders to protect victims of family violence. This right is a large one and its protections extend broadly. It protects personal information and data collection, as you’d expect, but also extends to a person’s private life more broadly. This means it protects people against interference with their physical and mental integrity including their appearance, clothing, gender, and sexuality and interestingly, also their home. As with all the rights under the Act, the right to privacy can be limited if that limitation is reasonable and justifiable for example, in the ACT this right was tested by a man released on bail with a condition he submit to urine testing for illicit drug use. The man argued this was a breach of his right to privacy; while the Court found that bail conditions of this nature did limit people’s right to privacy, and that there was a danger of them being enforced in a way that was unfairly oppressive, it also found that in this particular case the limitation was reasonable and justifiable. More info on our fact sheet at https://buff.ly/3lNpfV9 [Image: an illustration of a form, an envelope, and a padlock sits on a red and white background. In a gold rectangle across the image white text reads: Right to privacy and reputation. Underneath that navy text reads: Section 25 of Queensland’s Human Rights Act 2019. At the bottom of the tile is the QHRC logo on the left, and the #HRM2020 hashtag and Commission website (www.qhrc.qld.gov.au) on the right.]

06.01.2022 Today as part of #HRM2020 we’re looking at cultural rights. There are two sections of the Human Rights Act that protect cultural rights section 27, which protects cultural rights generally, and section 28, which protects the specific cultural rights of Aboriginal peoples and Torres Strait Islander peoples (which we'll look at tomorrow). Section 27 means that you can enjoy your culture, follow your religion, and use your language, with others who share your background. Cult...ural rights are complemented by the rights to freedom of expression and freedom of religion, protected under sections 20 and 21 of the Act. In many cases, cultural rights may also be protected by Queensland’s Anti-Discrimination Act. The right to use language, as protected by the Human Rights Act, does not mean the right to have information interpreted, but refers instead to people not being barred from speaking their own language as, for example, First Nations people were banned from speaking their own languages during the era of the Stolen Generations. Internationally this right has been used to challenge laws or decisions which limit people’s ability to practice culture in a wide variety of ways for example, a refusal to grant a newspaper registration to a cultural minority in Uzbekistan was found to be a breach of their cultural rights. You can read more about cultural rights on our website at https://www.qhrc.qld.gov.au//human-rights-/cultural-rights. [Image: an illustration of a group of people dancing. The image is an aerial one and shows six people with different skin and hair colours dancing in a circle, with their hands joined in the middle. The background is navy and white. Text across the image reads ‘Cultural rights generally: Section 27 of Queensland’s Human Rights Act.’ At the bottom of the image is the QHRC logo on the left, and the #HRM2020 hashtag and Commission web address (www.qhrc.qld.gov.au).]

06.01.2022 It’s Human Rights Month and today’s right in focus is the right to life. This right is protected by section 16 of Queensland’s Human Rights Act and means that: You have a right to feel safe.... Your life should be protected by the government. For example, the government protects your life by having laws against murder and making sure people follow those laws. This right is interesting and very important in that it arguably creates a positive obligation on the public sector to protect life. Practically speaking, those obligations mean that public entities have a responsibility to: - Actively protect life through addressing things like infant mortality and malnutrition; - Enforce laws aimed at protecting life such as those relating to domestic violence or assault, for example; - Properly investigate deaths where the state may be implicated, such as the deaths of people in the care of the state (including in foster care, disability or aged care, and police custody). Without case law, it’s difficult to say how far these positive obligations apply here in Queensland. However, the right to life was one of the rights governments were forced to weigh up when determining their response to the COVID-19 pandemic this year the protection of life balanced against restrictions to other rights such as freedom of movement, for example. Internationally there is also some question about whether a government’s obligation to protect life creates a responsibility to address climate change. Cases and suits have been brought against governments across Europe and North and South America along these lines, and courts in several jurisdictions have found that climate change has an impact on human rights. Locally, a group of Torres Strait Islanders filed a complaint with the United Nations last year against the federal government, claiming their rights to life, culture and family had been breached by government inaction on climate change. Earlier this year a suit was filed here in Queensland under the Human Rights Act by a youth activist group, challenging the approval of a mining lease on the basis that if allowed to proceed it will violate rights protected under the Act, including the right to life. Neither of these cases has yet been resolved but you can find more information at https://buff.ly/2X8X7iX and https://buff.ly/36c5L5S. More information about the right to life is also available on our website at https://www.qhrc.qld.gov.au//human-rights-law/right-to-life. [Image: an illustration of a navy and gold flotation life preserver sits on a red and white background. Image text reads ‘Right to life: Section 16 of Queensland’s Human Rights Act.’ At the bottom of the tile is the QHRC logo and website address (qhrc.qld.gov.au) and the #HRM2020 hashtag]

05.01.2022 The Queensland Human Rights Commission exists to combat discrimination in the community, to resolve complaints about discrimination, and to promote human rights and a fair and inclusive Queensland. Human rights include the right to freedom of expression, but this right is not absolute, and is limited when your expression vilifies others, incites hatred or violence, or encourages discrimination against them. Given this, any posts which contain discriminatory or offensive comments based on race, religion, gender identity, age, or any of the other attributes contained within the Anti-Discrimination Act 1991 (which you can find at www.qhrc.qld.gov.au/your-rights/discrimination-law) will be hidden or deleted. Please keep comments family-friendly and avoid insulting other users. Users who repeatedly ignore these guidelines may be blocked.

03.01.2022 Today’s right in focus for #HRM2020 is the right to freedom of movement. This is protected by section 19 of Queensland’s Human Rights Act and means that if you are lawfully within Queensland: - You can travel around Queensland. - You can go in and out of Queensland.... - You can choose where to live. - There are times when a judge can say that you have to stay in Queensland or leave Queensland, for example if you have broken the law. This right means that governments and public entities can’t act in a way that unjustifiably restricts people’s freedom of movement. It doesn’t mean they have an obligation to promote freedom of movement for example, by providing free public transport. While most people may take this right for granted, there are still (literally) signs that this right was heavily restricted for some in the past. The first settlement by Europeans in the Brisbane area took over Moreton Bay and the South Brisbane, Brisbane City and Kangaroo Point areas. The local Indigenous population and other ‘undesirable’ people were excluded from the inner-city overnight on Mondays through Saturdays, and completely on Sundays. The boundaries were originally marked by ironbark posts, and to this day remain named Boundary Street in the Brisbane suburbs of West End and Spring Hill - a reminder of the exclusion of Aboriginal peoples from their traditional lands. More recently, the COVID-19 pandemic resulted in limitations to the right to freedom of movement to try and contain the spread of the virus. This right was one of many which were balanced against each other in government responses to the pandemic. While state border restrictions to control the pandemic might be justified limitations on freedom of movement, travel restrictions came under particular scrutiny in Queensland in relation to discrete Indigenous communities, which were subject to greater restrictions for longer periods of time than other parts of Queensland see for example this article about the community of Yarrabah, near Cairns, in the far north: https://www.abc.net.au//yarrabah-indigenous-commu/12290722. More information on the right to freedom of movement is available on our website at https://www.qhrc.qld.gov.au//human-rig/freedom-of-movement. [Image: an illustration of someone riding a bicycle on an aqua and white background. They have dark blue hair in a ponytail and are wearing a yellow shirt and red and navy pants. The bike is red and gold. Image text reads ‘Right to freedom of movement: Section 19 of Queensland’s Human Rights Act 2019.’ At the bottom ofthe tile is the QHRC logo and website address (qhrc.qld.gov.au) and the #HRM2020 hashtag.]

01.01.2022 It’s Human Rights Month and today’s right in focus is the right to protection from forced work. This right is protected under section 18 of Queensland’s Human Rights Act and means You can’t be treated as a slave.... You can’t be owned by someone else. You can’t be forced to work. There are certain times when you do have to do work without pay (for example, a judge ordering you to do community service), or when you have to do work as part of being a member of a community (for example, jury service). Although slavery and servitude have been against the law in many countries, including Australia, for many decades, contemporary forms of slavery and servitude still happen every day. They include child soldiers, debt bondage, forced labour and forced marriage. Queensland’s own history of slavery and servitude is not as far behind us as we would like to think. There are many people in Queensland who either experience these things or live with the consequences of them every day, from victims of forced marriage to the descendants of Sugar Slaves, South Sea Islanders who were trafficked to Australia in their thousands between the 1840s and the 1930s in a practice known as blackbirding. They were forced to work in Queensland’s sugar, cotton and cattle industries, in dangerous conditions for nothing more than slave wages. Although the Queensland Government officially recognised the status of the South Sea Islander cultural group and their hardships and massive contribution to Queensland’s development during and since the Blackbirding period, no formal apology has ever been made. The protections against slavery and forced work in section 18 apply from 1 January this year so although the Human Rights Act may not be able to address past wrongs, government agencies still have a role to play in promoting, respecting and protecting this right. There haven’t been any cases in Queensland since the introduction of the Human Rights Act where this has been considered, and we’re not aware of any in Victoria or the ACT either. So this right seems most likely to be applied in terms of the extra onus on government agencies to follow up any allegations of trafficking or forced work, to prevent other forms of servitude, and to properly support victims. More information on this right is available on our website at https://www.qhrc.qld.gov.au//right-to-freedom-from-forced-. [Image: an illustration of some blue wrist or ankle shackles joined together by a chain sits on an orange and white background. Image text reads ‘Right to freedom from forced work: Section 18 of Queensland’s Human Rights Act 2019.’ At the bottom of the tile is the QHRC logo and website address (qhrc.qld.gov.au) and the #HRM2020 hashtag].

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