Last updated 1 December 2020
Subsection 24(1) of the Human Rights Act 2019 (Qld) (Human Rights Act) protects all persons’ ability to own property on their own or in association with others. Subsection 24(2) states that a person must not be arbitrarily deprived of their property. This right is an extension of existing common law property rights such as interests in land, contractual rights and shares, as well as existing statutory rights.
Importantly, no right to compensation is provided under the Human Rights Act, including for interference with property rights.
Subsection 24(2) contains an internal limitation. It prevents arbitrary deprivation of property. Accordingly, the lawful acquisition of property by the state is not likely to be unlawful.
The property rights will also be subject to the general limitation provision in s 13 of the Human Rights Act. This provides human rights may be subject under law to reasonable limits, which are justified in a free and democratic society. See ‘Human Rights may be Limited’ for further explanation.
The property rights may be engaged when:
- deciding and reviewing the application of laws and policy that force property to be dealt with in a certain way (e.g. the forced acquisitions of land or an interlocutory order of the completion of a contract for the sale of land)
- making decisions that affect property ownership (e.g. changes to a planning scheme or decisions to amend land use and how this may impact on property owners in an area)
- reviewing other local government planning guidelines and regulatory frameworks (e.g. extending the trading hours and increasing patron numbers for a hotel).
These examples have been adapted from Australian cases. They are provided by way of example only, and are not a substitute for legal advice.