Queensland Advocacy Incorporated (Q A I) is an independent, community-based systems and legal advocacy organisation for people with disability in Queensland, Australia.
This factsheet is about what happens if a patient runs away from a Queensland mental health service and stays within Queensland. People who run away interstate will be subject to the corresponding laws of that state, which may or may not allow for their apprehension and return to Queensland.
Updated: 3/10/19
This factsheet is to provide guidance for people who will be advocating for themselves at their Mental Health Review Tribunal hearing. It also outlines tips for treatment review meetings and other meetings with your treating team, and where to get more information, advice and/or representation.
At the moment, QAI is unable to receive applications from law students to volunteer at this time.
Please keep checking back on the website and like our Facebook page to keep up to date and find out when we will start receiving applications again.
QAI prepared the following flowchart to help explain how the Human Rights Act 2019 (Qld) may be used to challenge a breach of human rights from 1 January 2020.
Human Rights Act process (PDF)
QAI has prepared the following 2 resources to help explain NDIS processes
NDIS access flowchart (PDF) – understand how to apply for NDIS and options for challenging decisions you are not happy with.
NDIS external appeals flowchart (PDF) – follow the process of applying to the Administrative Appeals Tribunal (AAT) for a review of an internal review decision of the NDIA
The following factsheets and resources were prepared for the Human Rights Act for Queensland campaign. They may still be useful in helping to explain how the Human Rights Act 2019 (Qld) might help specific groups of people or circumstances.
Background paper – A Human Rights Act for Queensland (pdf) This paper explains the features of a Human Rights Act (Part 1) and the key benefits of having human rights protections (Part 2).
Lobby your MP (pdf) A factsheet providing an overview of the proposed Human Rights Act.
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Aboriginal and Torres Strait Islander peoples (pdf) This factsheet provides examples of how human rights protection in other places has improved the lives of indigenous peoples.
Access to justice (pdf) This factsheet explains how human rights legislation can improve the ability of people to access justice.
Children and young people (pdf) This factsheet provides examples of how human rights legislation in other places has improved the lives of
children and young people.
Culturally and linguistically diverse communities (pdf) This factsheet provides examples of how human rights legislation in other places has improved the lives of people from culturally and linguistically diverse communities.
Homelessness (pdf) This factsheet provides examples of how human rights legislation in other places has assisted people who are homeless or at risk of homelessness.
Older people (pdf) This factsheet provides examples of how human rights legislation in other places has improved the lives of older people.
People with disability (pdf) This factsheet provides examples of how human rights legislation in other places has improved the
lives of people with disability.
People who are LGBTI (pdf) This factsheet provides examples of how human rights legislation in other places has improved the lives of people who are LGBTI.
Regional areas (pdf) This fact sheet explains how a Human Rights Act could improve things for Queenslanders in rural, regional and remote areas.
Women experiencing domestic violence (pdf) This factsheet provides examples of how human rights legislation in other places has improved the
lives of women experiencing domestic violence.
A plain English brochure about involuntary treatment for mental illness in Queensland under the Mental Health Act 2016 (Qld)
Treatment authority brochure (pdf)
Last updated 20/6/19
See Emma Phillips, QAI senior lawyer and systems advocate, speak at the 12th Session of the Conference of State Parties to the UN Convention on the Rights of People with Disability.
First presentation – at the Civil Society Forum about the rights of children with disability
@26.00min (3 min)
Second presentation – at the 6th meeting about the importance of independent advocacy to foster social inclusion and implement the CRPD.
@45.15 (3 min)
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:
When does the Act commence?
The Act will take effect in two stages:
1. The first stage will rename the Anti-Discrimination Commission of Queensland the Queensland Human Rights Commission and the educative functions of the Commission will start (expected to be from 1 July 2019).
2. The second stage will be the commencement of the complaints processes (expected to be from 1 January 2020).
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.
What human rights are protected?
The Act protects 23 fundamental human rights and freedoms, including:
Civil and Political Rights:
Economic, social and cultural rights
What can you do if your human rights are breached?
Under the Act, if you feel that your human rights have been breached by a public entity, you can:
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 the 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.
Are there limits to human rights under the Human Rights Act?
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.
What is QAI doing in this space?
QAI has been a long-time campaigner for greater human rights protection in Queensland and Australia. QAI participated as an NGO in the drafting of the UN Convention on the Rights of Persons with Disability, has been involved in shadow reporting since its finalisation and has been represented in NGO delegations to United Nations conferences and sessional reviews of human rights treaties. QAI publishes resources aimed at helping people with disability and their families, advocates and practitioners understand the human rights conventions and how to comply with them. QAI was extensively involved in the campaign from a Human Rights Act in Queensland since its inception and auspiced the campaign to give it formal structure.
QAI is currently undertaking work aimed at preparing ourselves, our allies and individuals seeking assistance from the community legal sector to understand the new rights, responsibilities and options created by the legislation. QAI will also provide support to the Queensland Human Rights Commission under the new regime.
Where can you go for advice or assistance?
Queensland Advocacy Incorporated www.qai.org.au; p: (07) 3844 4200
Legal Aid Queensland www.legalaid.qld.gov.au, p: 1300 65 11 88
Community Legal Centres Queensland: www.communitylegalqld.org.au; p: (07) 3392 0092 (referrals to relevant CLCs)
Queensland Human Rights Commission: www.adcq.qld.gov.au; p: 1300 130 670 (referrals to relevant advocacy services)
This factsheet has been prepared by Queensland Advocacy Incorporated (QAI), an independent, community-based systems and legal advocacy organisation for people with disability in Queensland (qai.org.au).
This publication is for general information only. It must not be relied on as legal advice. You must seek legal advice about your own particular circumstances.
Last updated: 6/06/19
Are you interested in Human Rights and Disability issues? Then a membership with Queensland Advocacy Incorporated (QAI) could be for you.
Complete our application form: QAI Membership Form 2019-2020 (pdf)
View this information in pdf: Why you should become a member of QAI (pdf)
A membership would broaden your knowledge around these issues and provide an opportunity to become involved with the advocacy efforts of this organisation.
QAI’s advocacy efforts, whether individual or systems, seeks to and achieves great improvement in the lives of vulnerable people with disability through promoting, protecting and defending their fundamental needs rights.
Our individual advocacy engages with issues of guardianship, involuntary treatment and detention, criminal justice system and NDIS Appeals and Reviews.
We are proud of what we have been able to do and we could not have done it without the support of our members!
2019 and 2020 is gearing up to be full of exciting work!
A project QAI is currently working is to:
As a member of QAI, you will receive a quarterly newsletter, notifications about current work, media releases and invitations to upcoming events.
In the next few months we hope to bring people with disability together in discussion groups to be part of the QAI advocacy around the issues that affect their lives.
Our systems advocacy team regularly write submissions on various topics and these are uploaded to our website as well as through our social media on Twitter (@QldAdvocacy) and Facebook (www.facebook.com/queenslandavocacy)
If you would like to become a member, please fill out the attached QAI Membership Form 2019-2020 and return it to qai@qai.org.au.
Membership is $30 for people in full-time employment and free for people who aren’t working.
Usually our members renew their membership every July; however for people who join before July this year, a fee will not be incurred again until July 2020.
Thank you for your support,
Byron Albury