Opinion: Bill of Rights ensures dignity, safety for all

THE introduction of a Bill of Rights in Queensland will strengthen the protection for the state’s most vulnerable.

PHIL became homeless after his partner died and his house was repossessed. He cycled through shelters and crisis accommodation, dangerous rooming houses, and friends and family members’ couches. 

After several months, Phil hit the “jackpot” and was accepted into transitional housing. As the name suggests, transitional housing is short-to-medium term housing to help people transition from homelessness into long-term housing.  Phil was excited to move into the house and on the day he moved in, he was handed a lease, a set of keys and a 120-day eviction notice – effectively creating a probation period for his tenancy.

“It’s just how we ensure that we can evict you when we need to,” explained his housing worker.

Phil didn’t unpack his bags as he was scared he could be evicted at any time without notice. This was how I met Phil – he came to see me for advice. At the time, I was in charge of Victoria’s Homeless Persons’ Legal Clinic, assisting people who were homeless or at risk of homelessness.

Phil wanted some stability and certainty, and asked us to challenge the basis of his eviction notice. Fortunately, Victoria’s Charter of Human Rights and Responsibilities protects Victorians’ right to a home. It ensures government authorities cannot arbitrarily or unlawfully interfere with this right. Issuing an eviction notice as part of this process was arbitrary, we argued, and the agency revoked Phil’s eviction notice.

Conservatively, in the first few years of the charter’s operation, we have also helped 42 people, including 21 children, to escape homelessness using the charter. Other community groups and advocates have similar stories.

 Phil’s experience is just one example of the value of human rights laws in Australia, and this week’s introduction of a Human Rights Act in Queensland will strengthen the protection and promotion of Queenslanders’ human rights.

Opponents are scaremongering about troublemakers clogging the system with complaints, or suggesting this Act will create a “lawyers’ picnic”. These are baseless claims, reflecting international models that are different to those in Australia. These issues haven’t arisen in the years these laws have been operating in Victoria and the ACT and won’t be a problem in Queensland.

Human Rights Acts have been operating in the ACT and Victoria for more than a decade. People with disabilities, mental illness, young people and marginalised groups have been able to seek protection from these laws. This Act will improve the way laws are made, and the ways courts can interpret laws consistently with human rights norms. Evidence shows human rights are only meaningful when they are enforceable, and the role of courts and other mechanisms to ensure accountability is vital.

Queensland’s approach strengthens on the models in Victoria and the ACT. This approach allows people to make a complaint to the Queensland Human Rights Commission and allows for conciliations – a low-cost and effective way to resolve disputes that currently works in areas like sex discrimination and unlawful dismissal.

But the real value of a Bill of Rights is that it ensures government decisions and actions respect and promote human rights – from George St to your local school, homelessness service or hospital.

The state’s human rights law will help people like Phil, so that everyone can live in security, peace and dignity. 

James Farrell OAM is director of Community Legal Centres Queensland