Human Rights Symposium
Issues covered include: Human Rights Law, piggy back claims, unlawful, contractual, tortious liabiity, may seek, anti-discrimination, structured proportionality, s58 obligations, public entity
Description
Commenced on 1 January 2020, the Human Rights Act 2019 forms an important part of the administrative legal obligations that hold government accountable for their decisions. Six months after its full enactment, a panel of judges, Queens Counsel and leaders in the area will consider its practical operation. Professor The Hon. Kevin Bell AM QC will also examine the relevant lessons Queensland can learn from how Victoria has dealt with similar legislation.
Attend and earn 3 CPD units in Legal Knowledge
This program is based on QLD legislation
Chair: Her Honour Judge Deborah Richards, District Court of Queensland; President, Children’s Court of Queensland
2.00pm to 3.00pm: Emerging Issues in Human Rights Law
Presented by Professor The Hon. Kevin Bell AM QC, Faculty of Law, Monash University and Director, Castan Centre for Human Rights Law.
3.00 to 3.45pm: When can You Seek Relief Under the Human Rights Act? Section 59 ‘Piggy-Back Claims’
- Meaning of ‘unlawful’ and how far does it extend? Does it include contractual or tortious liability?
- What does ‘may seek’ mean? Factual or abstract availability
- The interaction between the Queensland Human Rights Act and the Anti-Discrimination Act QLD: What if there is a merger of claims?
Presented by Kathryn McMillan QC, Quay 11 Chambers
3.45pm to 4.00pm: Afternoon Tea
4.00pm to 4.40pm: Is Structured Proportionality Compulsory When Justifying Limits on Human Rights? Finding Work for the Word ‘may’ to do in s13(2) of the Human Rights Act
Like the ACT and Victorian equivalent, s13 (2) of the Queensland Human Rights Act lists factors that ‘may’ be relevant to whether a limit on human rights is justified. However, the factors in Queensland align more closely with structured proportionality. In the context of the implied freedom of political communication, the High Court has said that, logically, a limit cannot be justified if it does not pass through all of the steps of structured proportionality.
- Does the same apply to human rights? Does ‘may’ mean ‘must’?
- Does ‘may’ allow room for internal limitations within human rights?
- Does ‘may’ give public entities space to comply with their human rights obligations under s58 without having to engage in a sophisticated legal exercise?
Presented by Kent Blore, Senior Principal Lawyer, Human Rights Stream, Constitutional Law Team, Constitutional and Advocacy Branch, Crown Law
4.40pm to 5.15pm: What is a Public Entity?
- Who is a public entity under the Queensland Human Rights Act? Where do Government funded arrangements stand
- Recent case law
Presented by Carla Klease, Barrister, Higgins Chambers