The Human Rights Act 2019 (Qld) introduces 23 civil, political, economic, social and cultural human rights, drawn from international treaties, with the fundamental objective to build a culture in Queensland where human rights are respected, protected and promoted. The pre-amble to the Human Rights Act recognises the inherent dignity and worth of all human beings with special recognition to the importance of human rights to Aboriginal peoples and Torres Strait Islander peoples, as Australia’s first people, with their distinctive and diverse relationship with lands, waters and coastal seas.

The Human Rights Act will impact public sector decision-makers at all levels, including by:

• Making it unlawful for public entities to act or make decisions that are not compatible with human rights, or that fail to take human rights into proper consideration when making decisions
• Requiring every statutory provision in Queensland, to the extent possible consistent with their purpose, to be interpreted in way that is compatible, or most compatible, with human rights
• Empowering the Supreme Court to make a 'declaration of incompatibility' if a statutory provision cannot be interpreted in a way that is compatible with a human right.

The human rights created under the legislation are not absolute. It will be permissible to 'limit' a human right if it is 'reasonable and demonstrably justifiable' to do so by reference to the criteria in s 13 of the Human Rights Act. The application of these criteria is considered below.

This article will examine the operation of the Human Rights Act through the lens of the health sector and the extent to which its application will reach beyond public health and aged care services to include National Disability Insurance Scheme (NDIS) providers and, in certain situations, private sector health and medical research entities. Some high-level insights will be provided into the human rights relevant to health and aged care, including the right to access health services, as well as a summary about what remedies are available for a human rights breach.