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Anti-Discrimination Commission To Become The Human Rights Commission

Anti-Discrimination Commission to become the Human Rights Commission

The Anti-Discrimination Commission of Queensland is changing its name to the Queensland Human Rights Commission.

The move follows the introduction of the Human Rights Act being passed into law earlier this year.

The change involves a new look, a new logo, and new resources, but its current functions will stay the same for now.

Commission ‘no toothless tiger’

The ADCQ (soon to be Human Rights Commission) is the agency responsible for handling formal complaints of discrimination and sexual harassment.

Its role is to attempt to settle those matters through compulsory conciliation before they are escalated to higher, and more costly, tribunals.

While many believe the Commission is a toothless tiger, or some nuisance bureaucracy, it has facilitated justice for thousands of victims of discrimination and sexual harassment.

Additionally, it has overseen the settlement of countless claims involving tens of thousands of dollars, and in some cases much more.

Cases not resolved in the Commission are referred to the Industrial Relations Commission or Queensland Civil and Administrative Tribunal.

Christiaan van Oeveren from Discrimination Claims said they are powerful courts of record:

“In the past six months, we have represented six victims of shocking sexual harassment or discrimination in the ADCQ, and each received payouts of well over $50,000.

“Those defending claims in the Human Rights Commission are facing serious complaints and will be subject to a serious legal process that can cost a lot of money.”

New Human Rights protections

In February, the Queensland parliament passed the Human Rights Bill.

It protects 23 rights by law, and requires parliament to consider those rights when passing laws to ensure public services comply with human rights.

The new Human Rights Commission will continue to use the Anti-Discrimination Act 1991.

However, from the beginning of next year, the agency will also handle new Human Rights Act 2019 complaints.

Which rights will be protected?

The Human Rights Act will protect:

  • recognition and equality before the law
  • right to life
  • protection from torture and cruel, inhuman or degrading treatment
  • freedom from forced work
  • and freedom of movement
  • and freedom of thought, conscience, religion and belief
  • in addition to 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.

Take home message

Meanwhile, Mr van Oeveren said:

“Despite the name change the Human Rights Commission is a serious jurisdiction that takes unlawful discrimination and sexual harassment seriously.”


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1800 437 825

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