Appendix 1: Legislative human rights protections in other jurisdictions Jurisdiction Model Obligations on branches of government Protected rights Cause of action Remedies Queensland Legislative Executive »» Civil and political rights Since 2009 Human Rights Act 2019 (Qld) »» Cause of action must attach to a legal claim that exists independently (‘piggyback’) »» Court can award same remedies as available for other/piggybacked claim, except damages »» Can lodge a complaint with the Human Rights Commission »» Court can make declaration of incompatibility, and Minister must respond (no effect on validity; flags that reconsideration by government needed) »» Civil and political rights »» Standalone, direct cause of action »» Cultural rights (indigenous) »» Can rely on human rights in other legal actions Court can award any remedy including damages Public entities must properly consider human rights in decision-making and act compatibly with human rights Parliament Parliamentary Committee must scrutinise and report on the compatibility of all Bills Courts »» Interpret laws in a manner compatible with rights to the extent consistent with purpose »» Cultural rights (general and indigenous) »» Some economic and social rights (education, health) »» Courts are public authorities when acting in an administrative (rather than judicial capacity) ACT Legislative Since 2004 Human Rights Act 2004 (ACT) Executive »» Public authorities must properly consider human rights in decisionmaking and act compatibly with human rights »» Right to education »» Statements of compatibility must accompany every Bill Parliament Parliamentary Committee must scrutinise and report on the compatibility of all Bills Courts »» Interpret laws in a manner compatible with rights to the extent consistent with purpose »» Courts are public authorities when acting in an administrative (rather than judicial capacity) Victoria Legislative Since 2006 Charter of Human Rights and Responsibilities Act 2006 (Vic) Executive »» Public authorities must properly consider human rights in decisionmaking and act compatibly with human rights »» Statements of compatibility must accompany every Bill Parliament Parliamentary Committee must scrutinise and report on the compatibility of all Bills Courts »» Interpret laws in a manner compatible with rights to the extent consistent with purpose »» Civil and political rights »» Cultural rights Cause of action must attach to a legal claim that exists independently (‘piggyback’) »» Court can award same remedies as available for other/piggybacked claim, except damages »» Court can make declaration of incompatibility, and Minister must respond (no effect on validity; flags that reconsideration by government needed) »» Courts are public authorities when acting in an administrative (rather than judicial capacity) 22 FREE AND EQUAL An Australian conversation on human rights 2019 FREE AND EQUAL An Australian conversation on human rights 2019 23