Upholding Human Rights Statement
- Human Rights Act 2019.
- Disability Discrimination Act 1992.
- United Nations Convention on the Rights of Persons with Disabilities.
- Australian Human Rights Commission.
- National Disability Insurance Scheme Act 2013.
- NDIS Quality and Safeguards Commission, Human RightsGuidance Paper, December 2023.
- NDIS Code of Conduct.
- NDIS Practices Standards and Quality Indicators, November2021 (Version 4).
- Client Rights and Service Charter Policy.
- The Service Charter Policy for Children and Families.
- Restrictive Practices and Behaviour Support Policy.
- Support Planning Policy.
- Client Diversity Policy.
- Cultural Safety Policy.
- Code of Conduct Policy.
Renew recognises the principles of UNCRPD as ratified as of 17 July 2008 and staff uphold the principles and treat clients accordingly. Renew Psychology and Behaviour Support (Renew) promotes and protects those rights all of Renew’s supports, services and intent. Renew recognises, respects, and values the diversity of its staff, clients, and the community in which it operates and is committed to being a culturally safe organisation and reflecting on our practice with people from all cultures. Renew is committed to developing an organisational culture that supports the legal and human rights of clients and ensures they are able to exercise those rights as outlined in relevant legislation including the: Human Rights Act 2019, Disability Discrimination Act 1992, United Nations Convention on the Rights of Persons with Disabilities, Australian Human Rights Commission.
The Human Rights Act 2019 (Qld; the Act) was passed by the Queensland Parliament on 27 February 2019. At this time, Queensland joined the Australian Capital Territory and Victoria in being the only Australian jurisdictions with statutory protection for human rights. There is no federal Human Rights Act or Charter.
The Queensland Act has been described as the most ‘broad reaching and accessible’ Human Rights Act in Australia as it extends beyond similar legislation in the ACT and Victoria and also:
- protects the economic, social, and cultural rights to education and healthcare;
- establishes for human rights complaints to be made to the Queensland Human Rights commission (an accessible, inexpensive way for human rights issues to be heard and resolved).
Who does the act apply to?
Human rights are the basic rights that belong to every person, regardless of age, race, sex, social status, or any other characteristic. The Act will protect the rights of all people in Queensland. Most human rights are individual, but some belong to particular groups of people (such as the human rights protecting families and the rights of Aboriginal and Torres Strait Islander peoples). The Act binds ‘public entities’ (the Queensland Government and organisations performing public functions).
When does the Act commence?
The Act will take effect in two stages:
- The first stage was to rename the Anti-Discrimination Commission of Queensland to the Queensland Human Rights Commission and the educative functions of the Commission started.
- The second stage was the commencement of the complaints processes.
The Act will be reviewed within four years of commencing, and then after a further four years.
Why is it important to have a Human Rights Act?
The Act is an important development in recognising the essential role human rights play in a democratic and inclusive society.
A Human Rights Act is important because it will:
- protect the rights of vulnerable Queenslanders by addressing disadvantage;
- result in development of a human rights culture across communities in Queensland;
- lead to improved law making and government policy;
- result in improved public service delivery;
- assist Australia to fulfil its international human rights obligations.
The Act protects 23 fundamental human rights and freedoms, including:
- Recognition and equality before the law.
- Right to life.
- Protection from torture and cruel, inhuman, or degrading treatment.
- Freedom from forced work.
- Freedom of movement.
- Freedom of thought, conscience, religion, and belief.
- Freedom of expression.
- Peaceful assembly and freedom of association.
- Taking part in public life.
- Property rights.
- Privacy and reputation.
- Protection of families and children.
- Cultural rights – generally.
- Cultural rights of Aboriginal and Torres Strait Islander peoples.
- Right to liberty and security of person.
- Humane treatment when deprived of liberty.
- Fair hearing.
- Rights in criminal proceedings.
- Children in the criminal process.
- Right not to be tried or punished more than once.
- Retrospective criminal laws.
- Right to education.
- Right to health services
Under the Act, if you feel that your human rights have been breached by a public entity, you can:
- in the first instance, raise the issue directly with the relevant public entity;
- lodge a complaint with the Queensland Human Rights Commission;
- include the human rights complaint as part of court action to protect another legal right.
By taking these actions, you might be able to get the public entity to change their decision or actions taking into account your human rights. The Human Rights Commission can hold a conciliation between parties and help you to achieve an agreed outcome that recognises your human rights. The Courts can make declarations about whether your human rights have been breached.
The Human Rights Act allows for reasonable limits to be placed on human rights, which may be justified ‘in a free and democratic society based on human dignity, equality and freedom’. When determining whether a limit is reasonable and justifiable, the ‘proportionality test’ applies and the nature of the human right, the nature of the purpose of the limitation, the relationship between the limitation and its purpose, whether there are less restrictive and reasonably available options to achieve that purpose, the importance of the purpose of the limitation and the importance of safeguarding the human right is considered.
Rights-based approach involves considering human rights principles, and actively promoting and protecting those rights. People with disability have rights under all relevant international human rights treaties to which Australia is a signatory. This includes specific rights enshrined in the Convention on the Rights of Persons with Disabilities (UNCRPD).
- The UNCRPD sets global standards on disability rights and provides a framework for State Parties to ensure that all people with disabilities enjoy the same rights as other people.
- The UNCRPD consists of 50 Articles or explanatory descriptions of listed rights, provisions and accompanying direction.
There are two important concepts that underpin Human Rights:
- Dignity - the inherent value of each individual and to the basic respect owed to all human beings because of their value.
- Respect - the need to recognise the views, desires, qualities and differences of others in how you treat people.
- Universal – every person, in every part of the world.
- Inalienable – rights cannot be bought, sold, taken or given away.
- Indivisible – all human rights have equal status, one is no less important than another.
- Interdependent – human rights are connected or interrelated to other human rights.
Renew ensures that all staff are aware of and operate with the UNCRPD central to their practice and includes linking clients to advocate agencies, reporting breaches of human rights to the NDIS Commission, and maintaining high standards of practice. This is particularly important across the behaviour support branch of Renew and is included in the Restrictive Practices and Behaviour Support Policy with respect to restrictive practices.
This includes implementing and exploration of all UNCRPD articles and upholding human rights in practices. Ten ways to protect and uphold human rights including:
- Develop organisational policies and procedures that describe how human rights of clients will be protected and upheld in service delivery.
a. Article 16 - Freedom from Exploitation, Violence, and Abuse.
b. Article 17: Protecting the Integrity of the Person. - Foster a collaborative and empowering therapeutic alliance with clients that values their input and choices.
a. Article 3: General Principles. - Enable clients, particularly those with higher support needs, to make their own decisions with the assistance of a support network using a supported decision-making framework.
a. Article 3: General Principles.
b. Article 21: Freedom of Expression and Opinion, and Access to Information. - Provide information about Positive Behaviour Support to clients and families in easy-to-understand language.
a. Article 21: Freedom of Expression and Opinion, and Access to Information. - Develop and implement individualised treatment, learning, support plans, that respect the rights, preferences, and goals of the client. Consider the client's unique needs, strengths, and cultural backgrounds.
a. Article 26: Habilitation and Rehabilitation. - Cultivate cultural capability and sensitivity to ensure that interventions and supports are responsive to the diverse backgrounds and identities of the individual. Respect and integrate cultural values, beliefs, and practices into treatment plans.
a. Article 30: Participation in Cultural Life, Recreation, Leisure, and Sport. - Utilise the least restrictive procedures and interventions possible to achieve treatment goals. Strive to minimise the use of any restrictive practices (such as physical restraint and seclusion) and promote positive and proactive approaches to behaviour change.
a. Article 15: Freedom from Torture or Cruel, Inhuman, or Degrading Treatment or Punishment. - Support clients to access health care services to address underlying health conditions and to maintain good physical and mental health.
a. Article 25: Health. - Identify if the client and family are facing hardships in the areas of safety, housing, relationships, or other lifestyle areas, and if so, take steps to connect the family with social support services or other community-based supports.
a. Article 16: Freedom from Exploitation, Violence, and Abuse.
b. Article 28: Adequate Standard of Living and Social Protection. - Advocate for the rights of clients and their families. Collaborate with families, caregivers, and other professionals to ensure that everyone knows what human rights are and to ensure clients’ rights are protected, and they have access to resources and services.
a. Article 8: Awareness Raising.
Renew is committed to practice change in adherence to the latest research and commitments to upholding the Human Rights of all of the people we work with. This includes implementing the RIGHTS-Based Model of Positive Behaviour Support.
- R – Respect the person and their decision.
- I – Include the person in the planning, delivery, and evaluation of their supports.
- G – Get to know the person (build a strong therapeutic alliance).
- H – Use a holistic approach.
- T – Tell and teach others about Human Rights.
- S – Support the person to live their best life.
