The Bill establishes two avenues for grievances arising from the proposed regime – escalation to the Queensland Human Rights Commission, or to the Supreme Court of Queensland.
The Queensland Human Rights Commission will be able to receive complaints from aggrieved persons about public entities acting in a way that is not consistent with human rights. There is a detailed dispute resolution regime set out in the Bill that is proposed to apply to this process.
Additionally, if an aggrieved person considers that a public entity has act in a way that is unlawful as it has made a decision in a way that is not compatible with human rights, there will be a right of judicial review of that decision. An aggrieved person could seek a declaration of unlawfulness from the Supreme Court of Queensland.
The Supreme Court of Queensland will have the power to make a declaration of incompatibility stating that the court is of the opinion that a statutory provision cannot be interpreted in a way that is compatible with human rights. Such a declaration would not affect the validity of the relevant statutory provision or create a cause of action. A declaration of incompatibility would, however, compel the relevant Minister to prepare a written response and table it in Parliament.