Good decisions

We have a suite of good decisions resources:

• Video - a brief overview, that could be used in staff inductions or yearly training updates
• Checklist (PDF 66.3KB)- a prompt for officers to print and keep at their workstation
• Resource - a valuable reference with a detailed rundown of the stages of decision-making.
   

Today people expect organisations will operate consistently and fairly and that there are systems throughout organisations to ensure that this happens. Good administrative decision-making is integral in this process.

Good decision-making lies at the heart of good administration. Even a decision about a seemingly simple matter can have a serious impact on the community. So it is important that organisation have systems in place to support fair and consistent decision-making.

Considering human rights in good-decisions

The introduction of the Human Rights Act 2019 (Human Rights Act) means that human rights considerations now form part of decision-making and complaints management approaches by public agencies.

In relation to decision-making, this means that all decision-makers are required to identify and consider all relevant human rights when applying discretion.

This should be appropriately reflected in public agencies policies and procedures relevant to the decision-making.
 
The Human Rights Act requires all public agencies in Queensland to act compatibly with human rights and to give proper consideration to human rights before making a decision.

Compatible with human rights is defined in s 8 of the Human Rights Act. Section 8 says that an act or decision will be compatible with human rights if:

• it does not limit a human right, or
• it limits a human right only to the extent that is reasonable and demonstrably justifiable, in accordance with s 13 of the Human Rights Act.

This means that every act, policy or decision by a public agency must be assessed for compatibility with these rights.

For more information, see the resources of the Queensland Human Rights Commission. 

You may wish to seek legal advice if you need more detailed guidance on a specific issue, or consult the Queensland Human Rights Commission website for more information.

The Human Rights Act provides that it is unlawful for a public agency to act or make a decision in a way that is not compatible with human rights, or to fail to give proper consideration to a human right.

It also provides that a human right may only be subject under law to reasonable limits that can be ‘demonstrably’ justified.

An agency will require sufficient records to demonstrate all relevant human rights were identified and any limitations are reasonable and justified in order to support the lawfulness of discretionary decisions.

Section 25 of the Human Rights Act also provides that a person has the right not to have the person’s privacy unlawfully or arbitrarily interfered with, or reputation unlawfully attacked. The scope of this right is very broad and includes protections in relation to personal information and data collection.

If a person believes a human right has been breached they may also make a human rights complaint to the agency responsible for the breach.

Human rights complaints can be reviewed by the Human Rights Commissioner.