Everyone has the right to have their human rights protected without discrimination. When one person's human rights need to be balanced against the rights of another person or group, the Human Rights Act 2019 shows us how to do this.
Shanna needs to know what law, if any, supports her decision to limit a human right, and the steps she must complete to ensure her decision is fair and for good reason.
What law lets Shanna limit human rights?
Shanna works with Queensland public housing tenants. Tenancy law is found in the Residential Tenancies and Rooming Accommodation Act 2008. The processes that Shanna follows to manage tenancies comes from this law, which allows her to make decisions.
How does Shanna make a fair decision?
Shanna's decision to evict the tenants could limit their right to privacy and reputation. This right protects people from interference with their family and home. The purpose of limiting the tenants' right in this situation might be to protect the safety and security of people living nearby, prevent damage to public housing property, protect the peace in the neighbourhood, and protect the rights of people living nearby.
Shanna should understand how limiting the tenants' right to privacy and reputation will protect the safety and security of people living nearby. If evicting the tenants won't lead to the safety and security of others, she won't be able to show that limiting their rights is fair, because it doesn't achieve her purpose.
Shanna should consider alternatives that limit rights less. She could consider:
- issuing another warning
- offering the tenant some support services to help them address the behaviour
- working with the tenant to find them another property that's more suitable for their needs.
Shanna should also consider how serious the risk to neighbours and public housing property is. Is the risk serious enough to outweigh the limitation to the tenants' rights?
The answers to these questions will depend on the details of the situation. After balancing the competing interests of the tenants, the neighbours, and the department, Shanna will need to show that her decision to evict the tenant and limit their rights is fair and for a good reason.