Understanding Human Rights and the Struggles of First Nations People in Australia

The Mabo decision

On 3 June 1992, the High Court of Australia handed down its landmark ruling on Mabo v Queensland No. 2 establishing the principle of native title rights in Australian common law.

The judgment overturned the concept of terra nullius – that Australia was a ‘land belonging to no-one’ at the time James Cook in 1770 declared possession in the name of the British Crown.

The case was led by Edward Koiki ‘Eddie’ Mabo, with Celuia Mapo Salee, James Rice, Sam Passi and Father Dave Passi, on behalf of the Meriam people of Dauer, Waier and Mer of the Murray Island Group in the Torres Strait, claiming ownership of their traditional lands. It was the culmination of legal proceedings which began 10 years earlier when the plaintiffs had brought their first action against the State of Queensland and the Commonwealth claiming native title to the Murray Islands.

The Court found that the Meriam people continued to occupy the islands, as they had for generations before the first European contact and were ‘entitled as against the whole world to possession, occupation, use and enjoyment of the lands of the Murray Islands'.

In recognising the rights of the Meriam people, the Court also found that Indigenous peoples around Australia continue to hold rights to their land and waters arising from their traditional laws and customs, unless these rights had been legally extinguished. For native title to be recognised, those laws and customs must have continued to be acknowledged and observed substantially uninterrupted by each generation since the time of settlement.

The fiction by which the rights and interests of Indigenous inhabitants in land were treated as non-existent was justified by a policy which has no place in the contemporary law of this country.

Sir Gerard Brennan, Justice of the High Court of Australia, 1992

The Mabo case is an example of the continued advocacy by Aboriginal and Torres Strait Islander peoples of their connection to lands, skies and waters for over 65,000 years. The judgement recognised the coexistence of both European and customary law. For the eight clans of the Meriam people, law is communicated down the generations via spiritual and ancestral stories and customs. This knowledge includes the complex systems of ownership over lands and waters, seabeds and reefs, winds and stars.

 

Sadly, three of the plaintiffs Sam Passi, Celuia Mapo Salee and Edward Koiki Mabo had died before the High Court handed down its landmark judgement.

Following the Mabo decision, and prior to introducing legislation in November 1993, the government undertook extensive consultations which informed the drafting of the Native Title Bill. In the Bill, ‘native title’ is defined as the rights and interests that are possessed under the traditional laws and customs of Aboriginal and Torres Strait Islander peoples, through which they have a connection with land or waters, and are recognised by common law.

The Bill proved to be socially divisive and was debated in the Parliament for almost 52 hours before being passed by the Senate at 11:58 pm on 22 December 1993. Addressing the House of Representatives during debate on the Bill, Prime Minister Paul Keating declared:

Today is a milestone. A response to another milestone: the High Court's decision in the Mabo case. The High Court has determined that Australian law should not, as Justice Brennan said, be 'frozen in an era of racial discrimination'.

Its decision in the Mabo case ended the pernicious legal deceit of terra nullius for all of Australia—and for all time.

The Act established the National Native Title Tribunal offering a legal pathway for Aboriginal and Torres Strait Islander peoples to claim their traditional rights over lands and waters, and compensation. The Act came into effect on 1 January 1994 and continues to evolve, with the most recent amendment being passed in 2021. This landmark legislation was a significant step forward in the relationship between Indigenous and non-indigenous Australians.

In 2015, a star in the Tagai constellation was named after Eddie Koiki Mabo, as part of the Dreamtime Astronomy program, in recognition of his dedication and the importance of astronomy to Aboriginal and Torres Strait Islander peoples.

tional Disability Insurance Scheme Act 2013
(Cwlth) or another law of the Commonwealth; and
(b) a law of another State.
71
Notice about refusing to deal, or deferring dealing, with
complaint
(1) If the commissioner refuses to deal, or to continue to deal,
with a human rights complaint or defers dealing with a
complaint, the commissioner must give the complainant and
respondent notice of the refusal or deferral and the reasons for
the refusal or deferral.
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(2) However, the commissioner need not give the notice to the
respondent if the commissioner considers it is not appropriate
in the circumstances to do so.
Example of circumstances for subsection (2)—
The respondent is not aware of the complaint or has not been contacted
by the commissioner in relation to the complaint.
72
73
When complaint lapses
(1) If the commissioner refuses to deal, or to continue to deal,
with a human rights complaint—
(a)
the complaint lapses; and
(b) the complainant can not make a further complaint
relating to the alleged contravention the subject of the
complaint.
(2) Subsection (1)(b) does not apply to a human rights complaint
the commissioner refuses to deal with under section 70(1)(c).
Commissioner may refer human rights complaint to other
entities
(1) If the subject of a human rights complaint could be the subject
of a complaint under the Ombudsman Act 2001, the
commissioner may refer the human rights complaint to the
ombudsman.
(2) If the subject of a human rights complaint could be the subject
of a health service complaint under the Health Ombudsman
Act 2013, the commissioner may refer the human rights
complaint to the health ombudsman.
(3) If the subject of a human rights complaint could be the subject
of a complaint about corruption made under the Crime and
Corruption Act 2001, the commissioner may refer the human
rights complaint to the Crime and Corruption Commission.
(4) If the subject of a human rights complaint could be the subject
of a privacy complaint under the Information Privacy Act
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2009, the commissioner may refer the human rights complaint
to the information commissioner.
(5) If the subject of a human rights complaint could be the subject
of an NDIS complaint, the commissioner may refer the human
rights complaint to the NDIS commissioner.
(6) However, the commissioner may only refer a human rights
complaint under this section—
(a)
with the complainant’s consent; and
(b) if the commissioner considers the complaint would be
more appropriately dealt with by the entity to whom it is
referred.
(7) If the commissioner refers a human rights complaint to an
entity under this section, the commissioner—
(a)
may, with the consent of the complainant, give the entity
information about the complaint obtained by the
commissioner under this part; and
(b) must give the complainant a notice stating the complaint
has been referred to the entity.
(8) In this section—
NDIS complaint means a complaint mentioned in the
National Disability Insurance Scheme Act 2013 (Cwlth),
section 181G.
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Commissioner may enter into arrangements with other
entities
(1) The commissioner and a referral entity may enter into an
arrangement about—
(a)
the human rights complaints the commissioner should
refer to the entity because they would be more
appropriately dealt with by the entity; or
(b) the complaints made under a referral Act the referral
entity should refer to the commissioner because they—
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(i)
relate to decisions or other actions for which the
commission has jurisdiction; and
(ii) would be more appropriately dealt with by the
commission under this part; or
(c)
how to deal with a complaint or other matter under a
referral Act that could also form the basis of a human
rights complaint; or
(d) cooperating in the performance of the commissioner’s
and the entity’s functions to ensure the effective
operation of this part and a referral Act.
(2) The commissioner and the NDIS commissioner may enter
into an arrangement about—
(a)
the human rights complaints the commissioner should
refer to the NDIS commissioner because they would be
more appropriately dealt with by the NDIS
commissioner; or
(b) cooperating in the performance of the commissioner’s
and the NDIS commissioner’s functions to ensure the
effective operation of this part and the National
Disability Insurance Scheme Act 2013 (Cwlth).
(3) If an arrangement provides for a referral as mentioned in
subsection (1)(a) or (b) or (2)(a), the arrangement must also
provide for how the referral is made.
(4) The commissioner and an entity with whom an arrangement
has been entered into under this section may perform their
functions in accordance with the arrangement.
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Dealing with human rights complaint under
Anti-Discrimination Act 1991
(1) This section applies if the commissioner considers a human
rights complaint made or referred to the commissioner would
be more appropriately dealt with by the commission as a
complaint about an alleged contravention of the
Anti-Discrimination Act 1991.
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(2) The commissioner may, with the consent of the complainant,
deal with the complaint under the Anti-Discrimination Act
1991 as an alleged contravention of that Act.
(3) For dealing with the complaint as mentioned in
subsection (2), the complaint—
(a)
is taken to be a complaint about an alleged
contravention of the Anti-Discrimination Act 1991 that
is accepted by the commissioner under section 141 of
that Act; and
(b) is taken to be made on the day the human rights
complaint was made or referred.
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Acceptance of human rights complaint by commissioner
(1) If the commissioner decides to accept a human rights
complaint for resolution by the commission, the
commissioner must give the complainant and respondent
notice of its acceptance.
(2) The notice must state—
(a)
the role of the commission in trying to resolve the
complaint; and
(b) the powers the commissioner may exercise in trying to
resolve the complaint.
(3) The notice given to the respondent must also state—
(a)
the substance of the complaint; and
(b) that the respondent will be given an opportunity to make
submissions in writing in response to the complaint; and
(c)
that the respondent must advise the commissioner of the
respondent’s address for service; and
(d) that the commissioner may seek information or
documents from the respondent in relation to the
complaint.
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Dealing with human rights complaint—generally
(1) If the commissioner decides to accept a human rights
complaint for resolution by the commission, the
commissioner may take the reasonable action the
commissioner considers appropriate to try to resolve the
complaint.
(2) Without limiting subsection (1), the commissioner may—
(a)
ask the respondent to make submissions to the
commission in writing in response to the complaint; or
(b) give the complainant a copy of the respondent’s written
submissions; or
(c)
ask or direct the complainant or respondent to give the
commissioner information relevant to the complaint,
including under section 78; or
(d) make enquiries of, and discuss the complaint with, the
complainant and the respondent; or
(e)
cause the complaint to be conciliated under
subdivision 4.
Commissioner may ask or direct relevant entity to give
information
(1) This section applies in relation to the commissioner for
making preliminary inquiries under section 68 or dealing with
a human rights complaint under this division.
(2) The commissioner may, by notice given to a relevant entity for
the complaint, ask or direct the entity to give the
commissioner information about the complaint within the
reasonable period stated in the notice.
(3) The notice must state the purpose for making the request.
(4) For information in an electronic document, compliance with
the request or direction requires the giving of a clear image or
written version of the electronic document.
(5) The entity must comply with a direction unless the entity has a
reasonable excuse.
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(6) It is a reasonable excuse for an entity to fail to comply with a
direction because, for example, complying with the direction
would require the entity to disclose information that is the
subject of legal professional privilege.
(7) The commissioner may enforce a direction by filing a copy of
it with a court of competent jurisdiction.
(8) The direction is then enforceable as if it were an order of the
court.
(9) In this section—
information includes a document.
relevant entity, for a human rights complaint, means—
(a)
the complainant or respondent for the complaint; or
(b) another entity the commissioner considers has
information relevant to the complaint in the entity’s
possession or control.
Subdivision 4
79
Conciliation of human rights
complaints
Commissioner may conduct conciliation conference
If the commissioner decides to accept a human rights
complaint for resolution by the commission, the
commissioner may conduct a conference (a conciliation
conference) under this subdivision for the purpose of
conciliating the complaint.
80
Purpose of conciliation
The purpose of conciliation of a human rights complaint is to
promote the resolution of the complaint in a way that is
informal, quick and efficient.
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82
83
Attendance at conciliation conference
(1) The commissioner may direct a person to take part in a
conciliation conference.
(2) The commissioner may enforce the direction by filing a copy
of it with a court of competent jurisdiction.
(3) The direction is then enforceable as if it were an order of the
court.
Attendance by complainant
(1) The complainant for a human rights complaint the subject of
conciliation must attend the conciliation conference in person
unless—
(a)
the complainant is a child or a person with impaired
capacity; or
(b) the commissioner consents to another person attending
the conciliation conference for the complainant.
(2) The complainant may, with the commissioner’s consent, be
accompanied at the conciliation conference by a support
person.
(3) In this section—
impaired capacity see the Guardianship and Administration
Act 2000, schedule 4.
Representation
(1) A person may be represented by another person (a
representative) at a conciliation conference only with the
commissioner’s consent.
(2) The commissioner may give consent for subsection (1) if
satisfied—
(a)
it is appropriate in the circumstances for the person to be
represented; and
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(b) the person’s representation by the representative would
help the conciliation; and
(c)
the representative has sufficient knowledge of matters
relating to the complaint to effectively represent the
person.
(3) The commissioner may—
(a)
give the consent on conditions the commissioner
considers reasonable; and
(b) withdraw the consent if the person or the representative
does not comply with the conditions.
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85
86
Use of interpreters and other persons
A person may be helped at a conciliation conference by—
(a)
an interpreter; or
(b) another person necessary or desirable to make the
conciliation conference intelligible to the person,
including, for example, a person with appropriate
cultural or social knowledge and experience.
Conduct of conciliation conference
(1) In conducting a conciliation conference, the commissioner is
not bound by the rules of evidence.
(2) A conciliation conference must be held in private.
Confidentiality of conciliation conference
Nothing said or done in the course of a conciliation
conference for a human rights complaint is admissible in any
criminal, civil or administrative proceeding, unless the
complainant and respondent for the complaint agree.
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Conciliation does not affect other rights
A person’s participation in a conciliation conference under
this division does not affect a right the person may have to
seek any relief or remedy the person may have in relation to a
contravention of section 58(1).
Subdivision 5
88
Action on dealing with human rights
complaint
Report about unresolved human rights complaint
(1) This section applies in relation to a human rights complaint
accepted by the commissioner for resolution by the
commission if the commissioner considers the complaint has
not been resolved by conciliation or otherwise.
(2) The commissioner must prepare a report about the complaint
as soon as practicable after the commission has finished
dealing with the complaint.
(3) The report must include—
(a)
the substance of the complaint; and
(b) the actions taken to try to resolve the complaint.
(4) The report may include details of action the commissioner
considers the respondent for the complaint should take to
ensure its acts and decisions are compatible with human
rights.
(5) The commissioner must give a copy of the report to the
complainant and respondent.
(6) The report is not admissible in a proceeding in relation to a
contravention of this Act, unless the complainant and
respondent agree.
89
Notice about resolved human rights complaint
(1) This section applies in relation to a human rights complaint
accepted by the commissioner for resolution by the
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commission if the commissioner considers the complaint has
been resolved.
(2) The commissioner must, as soon as practicable after the
complaint is resolved, give the complainant and respondent a
notice stating—
(a)
the outcome of the resolution of the complaint; and
(b) that the commission has finished dealing with the
complaint.
90
Commissioner may publish information
(1) The commissioner may publish information about a human
rights complaint that the commission has finished dealing
with.
(2) The publication—
(a)
may include the substance of the complaint; and
(b) may draw on information about the complaint contained
in a report prepared under section 88 or a notice given
under section 89; and
(c)
Division 3
91
must not include personal information about an
individual unless the information has previously been
published, or given for the purpose of publication, by
the individual.
Reporting requirements
Annual report
(1) As soon as practicable after the end of each financial year, the
commissioner must prepare a report (an annual report) about
the operation of this Act during the year.
(2) The report must include the following information for the
financial year—
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(a)
details of any examination of the interaction between
this Act and other Acts, statutory instruments and the
common law;
(b) details of all declarations of incompatibility made;
(c)
details of all override declarations made;
(d) details of all interventions by the Attorney-General or
the commission under section 50 or 51;
(e)
the number of human rights complaints made or referred
to the commissioner;
(f)
the outcome of human rights complaints accepted by the
commissioner for resolution by the commission,
including whether or not the complaints were resolved
by conciliation or otherwise;
(g) the number of human rights complaints resolved by the
commission;
(h) the number of conciliation conferences conducted under
this part;
(i)
(j)
the number of public entities that were asked or directed
to take part in a conciliation conference, and the number
that failed to comply with a direction to take part;
the number of human rights complaints received by
particular public entities decided by the commissioner.
(3) The report may include other information the commissioner
considers appropriate, including, for example, the names of
public entities and details of action, mentioned in
section 88(4), relating to human rights complaints that have
not been resolved.
(4) However, the report must not include personal information
about an individual unless the information has previously
been published, or given for the purpose of publication, by the
individual.
(5) The commissioner must give the report to the
Attorney-General as soon as practicable after it is prepared.
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92
93
94
Other reports
(1) The commissioner may prepare a report about a matter
relevant to the performance of the commission’s or the
commissioner’s functions under this Act.
(2) The commissioner must, if asked by the Attorney-General,
prepare a report about a matter mentioned in subsection (1).
(3) The commissioner must give a report prepared under
subsection (2) to the Attorney-General as soon as practicable
after it is prepared.
(4) A report prepared under this section must not include personal
information about an individual unless the information has
previously been published, or given for the purpose of
publication, by the individual.
Report containing adverse comment
(1) This section applies if the commissioner proposes to make an
adverse comment about a person in a report prepared under
section 88 or this division.
(2) Before preparing the report, the commissioner must give the
person an opportunity to make submissions to the
commissioner about the proposed adverse comment.
(3) If the person makes submissions and the commissioner still
proposes to make the adverse comment, the commissioner
must ensure the person’s response is fairly stated in the report.
(4) For this section, an adverse comment does not include a
statement that a public entity did not participate in resolving a
human rights complaint.
Attorney-General to table reports
The Attorney-General must table a copy of each annual
report, and each report given to the Attorney-General under
section 92(3), in the Legislative Assembly within 6 sitting
days after receiving the report.
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Part 5
95
General
First review of Act
(1) The Attorney-General must ensure the operation of this Act
before 1 July 2023 is reviewed as soon as practicable after that
date.
(2) The review must be carried out by an independent and
appropriately qualified person.
(3) The terms of reference for the review are the terms decided by
the Attorney-General.
(4) The review must include consideration of the following—
(a)
whether additional human rights should be included as
human rights under this Act, including, but not limited
to, rights under—
(i)
the International Covenant on Economic, Social
and Cultural Rights; or
(ii) the Convention on the Rights of the Child; or
(iii) the Convention on the Rights of Persons with
Disabilities; or
(iv) the Convention on the Elimination of All Forms of
Discrimination against Women;
(b) whether further or different provision should be made in
this Act about proceedings that may be brought or
remedies that may be awarded in relation to acts or
decisions of public entities made unlawful because of
this Act;
(c)
whether the amendments made by this Act to the
Corrective Services Act 2006 and the Youth Justice Act
1992 are operating effectively, or further or different
provision should be made for the interrelationship
between this Act and those Acts.
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(5) The Attorney-General must table a copy of the report about
the outcome of the review in the Legislative Assembly within
14 sitting days after receiving the report.
96
97
Further review of Act
(1) The Attorney-General must ensure the operation of this Act
after 30 June 2023 is reviewed—
(a)
as soon as practicable after 1 July 2027; or
(b) if the Attorney-General considers it appropriate—at any
time after the Attorney-General tables the report
mentioned in section 95 but before 1 July 2027.
(2) The review must be carried out by an independent and
appropriately qualified person.
(3) The terms of reference for the review are the terms decided by
the Attorney-General.
(4) Without limiting subsection (3), the review must include
consideration of the matters mentioned in section 95(4).
(5) The Attorney-General must table a copy of the report about
the outcome of the review in the Legislative Assembly within
14 sitting days after receiving the report.
(6) The report must include a recommendation about whether a
further review of this Act is necessary.
Reporting requirements for certain public entities
(1) This section applies to a public entity that is required under
the Financial Accountability Act 2009, section 63, to prepare
an annual report.
(2) The entity must include in each annual report—
(a)
details of any actions taken during the reporting period
to further the objects of this Act; and
(b) details of any human rights complaints received by the
entity, including—
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(i)
the number of complaints received; and
(ii) the outcome of the complaints; and
(iii) any other information prescribed by regulation
relating to complaints; and
(c)
98
details of any review of policies, programs, procedures,
practices or services undertaken in relation to their
compatibility with human rights.
Information request for reports
(1) The commissioner may, by notice given to a public entity, ask
the entity to give the commissioner information in the entity’s
possession or control, other than personal information that is
not publicly available, that the commissioner reasonably
requires to prepare an annual report or a report under
section 92.
(2) The notice must state—
(a)
why the request has been made; and
(b) the period within which the information is to be given.
(3) If the commissioner asks a public entity for information under
this section, the entity must comply with the request unless
the entity has a reasonable excuse.
Maximum penalty—100 penalty units.
(4) The commissioner may use information obtained under this
section only for the purpose for which it was requested.
99
Giving of information protected
(1) This section applies if a person, acting honestly, gives
information under this Act to the commissioner or another
entity in relation to a human rights complaint.
(2) The person is not liable, civilly, criminally or under an
administrative process, for giving the information.
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(3) Also, merely because the person gives the information, the
person can not be held to have—
(a)
breached any code of professional etiquette or ethics; or
(b) departed from accepted standards of professional
conduct.
100 Anonymity
(1) If, any time while the commissioner is dealing with a human
rights complaint, the commissioner considers that the
preservation of anonymity of a person who is, or has been,
involved in the complaint is necessary to protect the work
security, privacy or any human right of the person, the
commissioner may give a direction prohibiting the disclosure
of information that identifies, or is likely to lead to the
identification of, the person.
(2) A person must comply with a direction unless the person has a
reasonable excuse.
Maximum penalty—
(a)
in the case of an individual—35 penalty units; or
(b) in the case of a corporation—170 penalty units.
(3) In this section, a reference to involvement in a complaint
includes—
(a)
making a complaint under this Act and continuing with
the complaint; and
(b) being a respondent to a complaint; and
(c)
giving information to a person who is performing a
function under this Act.
101 Proceedings for offences
The Anti-Discrimination Act 1991, section 226 applies in
relation to a proceeding for an offence against this Act.
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102 Address for service
The address for service of a complainant or a respondent for a
human rights complaint as advised to the commissioner must
be a residential or business address, a post office box address,
or an email address.
103 No address for service advised
(1) This section applies if the address for service of a party to a
human rights complaint is not known—
(a)
because of the party’s failure to comply with a
requirement for advising an address for service; or
(b) because the party is a respondent, and has not yet been
notified under section 76.
(2) The party’s address for service is taken to be—
(a)
for an individual—the individual’s last known place of
residence or business; or
(b) for a public entity—the entity’s principal office.
104 Approved forms
The chief executive may approve forms for use under this Act.
105 Regulation-making power
The Governor in Council may make regulations under this
Act.
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[s 106]
Part 6
Savings and transitional
provisions
106 Act does not affect laws about termination of pregnancy
Nothing in this Act affects any law relating to termination of
pregnancy or the killing of an unborn child, whether before or
after the commencement of part 2.
107 Act does not affect native title rights and interests
(1) Nothing in this Act affects native title rights and interests
otherwise than in accordance with the Native Title Act 1993
(Cwlth).
(2) A provision of this Act must be interpreted and applied in a
way that does not prejudice native title rights and interests to
the extent the rights and interests are recognised and protected
under the Native Title Act 1993 (Cwlth).
(3) In this section—
affects, in relation to native title rights and interests, see the
Native Title Act 1993 (Cwlth), section 227.
native title rights and interests see the Native Title Act 1993
(Cwlth), section 223.
108 Application of Act—generally
(1) This Act applies to all Acts and statutory instruments, whether
passed or made before or after the commencement.
(2) However, this Act—
(a)
does not affect proceedings commenced or concluded
before the commencement; and
(b) does not apply to an act, or decision made, by a public
entity before the commencement.
(3) Subsection (1) is subject to sections 106 and 107.
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Schedule 1
Schedule 1
Dictionary
section 6
act includes a failure to act or a proposal to act.
annual report see section 91(1).
approved form means a form approved under section 104.
commission means the Queensland Human Rights
Commission established under the Anti-Discrimination Act
1991.
commissioner means the Human Rights Commissioner under
the Anti-Discrimination Act 1991.
compatible with human rights see section 8.
complainant, for a human rights complaint, means the
individual who is the subject of the complaint.
conciliation conference see section 79.
councillor, of a local government—
(a)
for the Brisbane City Council—see the City of Brisbane
Act 2010, schedule 2; or
(b) for another local government—see the Local
Government Act 2009, schedule 4.
court means the Supreme Court, the District Court, the
Magistrates Court, the Childrens Court or the Coroners Court.
declaration of incompatibility see section 53(2).
discrimination, in relation to a person, includes direct
discrimination or indirect discrimination, within the meaning
of the Anti-Discrimination Act 1991, on the basis of an
attribute stated in section 7 of that Act.
Note—
The Anti-Discrimination Act 1991, section 7, lists attributes in relation
to which discrimination is prohibited, including, for example, age,
impairment, political belief or activity, race, religious belief or religious
activity, sex and sexuality.
Current as at 20 September 2023
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function includes a power.
health ombudsman means the health ombudsman under the
Health Ombudsman Act 2013.
human rights see section 7.
human rights complaint see section 63.
information commissioner means the information
commissioner under the Right to Information Act 2009.
local government employee means—
(a)
for the Brisbane City Council—a council employee
under the City of Brisbane Act 2010, schedule 2; or
(b) for another local government—a local government
employee under the Local Government Act 2009,
schedule 4.
member, for part 3, means a member of the Legislative
Assembly.
NDIS commissioner means the Commissioner of the NDIS
Quality and Safeguards Commission under the National
Disability Insurance Scheme Act 2013 (Cwlth).
non-Queensland law means—
(a)
a Commonwealth law extending to the State because of
a referral by the Parliament to the Commonwealth under
the Commonwealth Constitution, section 51(xxxvii); or
(b) a law of another jurisdiction applying, as in force from
time to time, as a law of the State.
notice means written notice.
ombudsman means the ombudsman under the Ombudsman
Act 2001.
override declaration see section 43(2).
perform a function includes exercise a power.
personal information see the Information Privacy Act 2009,
section 12.
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portfolio committee means a portfolio committee established
under the Parliament of Queensland Act 2001, section 88.
public entity see section 9.
referral Act means—
(a)
the Crime and Corruption Act 2001; or
(b) the Health Ombudsman Act 2013; or
(c)
the Information Privacy Act 2009; or
(d) the Ombudsman Act 2001.
referral entity means—
(a)
the Crime and Corruption Commission; or
(b) the health ombudsman; or
(c)
the information commissioner; or
(d) the ombudsman.
respondent, for a human rights complaint—
(a)
means the public entity that, under the complaint, is
alleged to have contravened section 58(1); and
(b) if the public entity mentioned in paragraph (a) is an
individual—includes the public entity with which the
individual is employed or is otherwise engaged.
statutory provision means an Act or statutory instrument or a
provision of an Act or statutory instrument.
trial means the hearing of a charge, including a committal
proceeding or a proceeding in which a person is to be
sentenced.