Assessing compatibility video

The Human Rights Act in Queensland tells us that an act or decision will be compatible with human rights if it either: Does not limit a human right or only limits a right in a way that is reasonable and justifiable.

To decide if a right will be limited by what you're doing, think about whether it will restrict or interfere with a person's rights.

For example, a decision to restrict a person's access to local Council buildings would potentially limit several rights, including the right to freedom of movement and the right to participate in public affairs without discrimination. The act provides us with the tools to determine whether a limitation like this would be compatible with human rights.

First question to ask yourself is whether there is a law that supports what you are planning to do.

Then the next stage is to determine whether the limitation is justified by working through the steps in a proportionality test as set out in Section 13 of the Human Rights Act.

The first step in the proportionality test involves understanding what the relevant right protects.

For example, the right to participate in public affairs protects the right of all people to use their voice and contributes to the public life of the state without discrimination.

Attending local Council meetings is one way in which people might participate in public life.

The next step is to identify a proper purpose for limiting rights, which is consistent with the values of a free and democratic society.

The purpose of limiting one set of rights might be to promote another set of rights for example, the purpose of limiting someone's access to Council buildings might be to protect Council staff and customers, which would promote their right to security of person.

The next step is to consider whether what you're doing will achieve your purpose.

For example, if there is no evidence that an individual is a risk to safety, then limiting their access to Council buildings would not help to protect Council staff and customers.

The next step is to consider whether there are any other ways of achieving your purpose, which would be less restrictive on human rights.

For example, could a safety risk be managed just as effectively through ordinary security protocols instead of restricting someone's access to Council buildings?

If it's not necessary to limit human rights in this way, then it will not be compatible with human rights.

If the limitation is necessary, the final step is to weigh up the benefits of fulfilling your purpose against the harm caused by limiting the protected rights.

For example, would the importance of protecting Council staff and customers outweigh the importance of preserving the individual's rights in these circumstances?

This is the basic framework for assessing compatibility with human rights, but the level of analysis required will depend on the nature and context of your work.

The Queensland Government Human Rights Portal for public sector employees has a range of resources to help you apply this analysis in your work, including a decision-making tree and a guide to developing policy and legislation that is compatible with human rights.