What Do Human Rights Have To Do With Running a Business in Queensland?

Right, let’s start with the question on most people’s minds:
Why on earth should a business owner in Queensland be thinking about human rights?

It sounds like something for governments or international courts, not your average bricks-and-mortar shop, family-run café, or medium-sized manufacturer out in Toowoomba.

But here’s the kicker...
If you're doing business in Queensland — especially if you're contracting with the government or delivering services that affect people’s daily lives — human rights aren't just a feel-good poster on the wall. They're part of the legal landscape now. Properly baked in.

So what’s actually changed?

Queensland has a Human Rights Act. It’s been around since 2019, but in classic bureaucratic fashion, a lot of people still haven’t heard much about it.

Here’s the guts of it:

The Act lists 23 human rights — things like freedom of expression, privacy, equality before the law, cultural rights, and the right to health services. Public entities (like councils, government departments, and anyone delivering government-funded services) are now legally required to act in a way that's compatible with these rights.

Now, here's where it gets interesting...

You might be a public entity without realising it.
Yep. If your business is contracted to deliver a government program or service — like aged care, disability support, housing — you're probably caught under this.

And that means you're expected to “act compatibly” with human rights in your day-to-day decisions.

What does that even mean in practice?

Good question. This is where it gets a bit fuzzy. There's no one-size-fits-all answer, which is part of the headache.

But here's a simple example:

Let’s say a support worker for a disability services company (contracted by the State) tells someone they can’t go out for a walk because it’s inconvenient. That might breach the person’s right to freedom of movement — unless there’s a legally justifiable reason for that restriction (like a safety issue).
Thing is, “justifiable” now needs to be part of the thinking. You can’t just say “this is how we’ve always done it.”

Human rights law flips the script a bit — now, service providers need to actively consider people’s rights before making decisions. Not after complaints roll in.

But what if you're not delivering government services?

If you’re a private business not delivering any publicly funded service, you’re technically not bound by the Human Rights Act.

But. (And it’s a big but.)

More and more, consumers are demanding businesses behave ethically. Fairly. With integrity.
That’s not just good vibes — it’s brand survival.

From supply chains to hiring policies to customer service... the expectation is clear: do the right thing. And these days, “the right thing” often lines up with human rights standards.

You’ve seen what happens when companies get caught mistreating workers or ignoring vulnerable communities. The backlash isn’t pretty — think headlines, boycotts, social media pile-ons.

So even if the law doesn’t technically apply to you, the court of public opinion absolutely does.

How do you protect your business and do the right thing?

Start simple.

• Train your staff — especially managers and frontline workers. A basic understanding of human rights and how they play out in real life goes a long way.

• Review your policies — particularly in areas like complaints handling, access to services, discipline, or decision-making. Ask: could this unfairly restrict someone’s rights?

• Talk to someone who gets it — human rights law isn’t just philosophy. It’s practical, and it affects risk management.

Pro tip: If you’re unsure whether your business might be classed as a “public entity,” get proper advice sooner rather than later. It’s not always obvious.

This bit trips people up…

Lot of businesses assume that if they didn’t intend to breach someone’s rights, they’re in the clear.

Not quite.

The test isn’t about what you meant. It’s about what impact your actions actually had — and whether you seriously considered the person’s rights before acting.

Let’s say someone’s denied access to a program because of their disability, or cultural background, or something like that. Even if it wasn’t deliberate discrimination, it can still be a human rights issue. That’s why processes matter.

Isn't this just red tape?

That’s a fair question — and honestly, yeah, it can feel like another compliance burden. But here's the flip side.

Thinking about human rights early — at the policy level, in daily decisions — can actually prevent drama down the track.

It helps avoid messy complaints, expensive legal disputes, and reputational damage.

Plus... it's just a better way to do business. Treating people fairly. Respecting dignity. Listening properly. It builds trust — and trust builds loyal customers and happy teams.

Seen it go wrong?

Absolutely. Take the case of a community housing provider who evicted a tenant without proper process. The tenant had a mental health condition, and the provider didn’t consider whether support could have avoided eviction.
Turns out, that was a breach of their right to protection from cruel or degrading treatment — yep, housing instability can count.

Or a local contractor who barred someone from accessing a public program because of their criminal record — without checking if that was proportionate or legally necessary.
Big no-no. Blanket policies don’t always cut it under human rights law.

These examples are real — and they’re costly. Not just legally, but reputationally.

Where do you even start?

It doesn’t have to be complicated.

There’s great guidance out there — but it’s a bit dense. A human rights lawyer can translate all that into something your team can actually use.

Worth noting: there’s no specific fine or penalty under the Qld Human Rights Act for a breach — but the fallout can still hit hard.
Complaints go to the Human Rights Commission. Legal challenges can be launched. And bad press? That’s free and fast.

---

FAQ: Real Questions Business Owners Ask

Does my small business have to follow the Human Rights Act? Only if you're considered a public entity — like if you deliver services on behalf of the government. But even if you’re not, human rights expectations still shape how people view your business.

Can someone sue me under the Human Rights Act? Not directly. But if you’re a public entity, your decisions can be challenged through other legal avenues — like judicial review — and human rights arguments will come into play.

Do I need a whole new HR policy? Not necessarily. But it’s smart to review your current ones with human rights in mind — especially anything related to access, complaints, or service delivery.

Is this just about discrimination? Nope. It’s broader than that. Human rights include privacy, safety, freedom of movement, cultural identity — it touches a lot of areas people don't usually think about.

Where can I get help without it costing a fortune? Look for lawyers who deal in human rights and administrative law. Some community legal centres might help too — but if you’re running a business, a specialist is worth it.

---

Final thought…

The idea that human rights are just for “governments” is old news. These days, they’re part of doing business in a fair dinkum way — especially in Queensland.

It’s not about being perfect. It’s about being aware. Proactive. Thoughtful. And sometimes, just asking the right questions before acting.

For straight-talking guidance on how this applies to your business — especially if you’re contracting with government — it’s worth speaking to a business and litigation lawyer at Murdoch Lawyers.

---

Disclaimer: This article is general in nature and does not constitute legal advice. For advice tailored to your specific situation, speak with a qualified lawyer.