QLD How to Stop Neighbour's Harassment?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Genna

Active Member
4 June 2021
8
2
34
Hi Genna,

Thanks so much for sharing - it sounds abhorrent. The results of the case would be super interesting! Whether the QHRC could be useful in any way, would be great info!

I'm sure you're in a better place to tell us all, however I'll put this here for others following along too. The QHRC is relatively new and is made up of the 'old anti-discrimination body' as well as a new area that can handle human rights complaints according to the (very) recent human rights act put in place.

Human Rights Complaints:
In terms of human rights, you can only complain about the actions of the Public Entities (i.e. the government). A human rights complaint must also relate to one of the listed human rights in the QLD act. This probably excludes the actions of the neighbours (/sigh). However it does include the action/non-action of the Police. Court decisions can not be considered under a human rights complaint unless it has to do with administration stuff (not the decisions they make, as that is what appeal processes are for).

Discrimination complaints are different
I believe that discrimination complaints can only be made when the incident(s) are within 'public life'. This is broader than government bodies and includes most other private entities, like the local cafe or pub. Again, this may exclude the actions of the neighbours (sigh), however it may include the police action/ non-action. I do wonder how it would relate to court decisions?!

If you felt comfortable, I think it would be super interesting to know how the QHRC approached your case, whether they were using a human rights or discimination (or both) approach and who the complaint(s) were targeted at!
 

Genna

Active Member
4 June 2021
8
2
34
Hi Peter

That is a very limited view of QHRC options. I recommend using their website, expand the options under "Making a complaint". The following criteria suited my harassment situation with neighbours. Discrimination : I filed about Age (I am a Senior) as I am being intimidated & threatened because I am old & vulnerable. I was discriminated against by the Rental Agent on the basis of impairment, who ignored my complaints of Tenant abuse. I suffer severe anxiety, struggle to express myself under severe stress, chemically controlled. The Rental Agent discussed my mental state with the Tenants, which encouraged them to abuse me. Sexual Harassment : I filed about sex based insults the night they burgled my house, drunk they shouted profanity for all to hear.
Vilification :
  1. A public act;​
  2. Capable of inciting;​
  3. Hatred towards, serious contempt for, or severe ridicule of;​
  4. A person, or a group of people;​
  5. Because of their race, religion, sexuality or gender identity.​
Note there is an option for "Other types of complaints". QHRC can investigate issues that may not strictly fit criteria. My advice is : research QHRC website or consult a Legal Adviser to guide you, then submit your complaint.
 

Genna

Active Member
4 June 2021
8
2
34
Are the neighbours harassing you welfare recipients? Mine are, regular Police services, as stated on their website, do not cater for ongoing harassment, that's why Police advises to apply for a Peace Good Behaviour Order PGBO. I thought it would be easy to get, specially after they burgled my house, threw burning objects in my yard, spy on me in my house openly letting me know they are spying into my house. We erected a 2m covered privacy screen to stop this, now they stand elevated. The Magistrate declared "no future threat" as the burglar had already been fined in Criminal court for wilful damage. The Magistrate told me to "buy curtains" to stop spying, lol, I can't buy curtains to sit outside on my deck behind a privacy screen. She told me to "move on", well how does she propose I do that living with convicted criminals next door, no curtain can resolve that! Her verdict sent a message of empowerment to the culprits, they have stepped up stalking harassment behaviour big time! Keep that in mind when you apply for a PGBO, if you lose your persecutors will be empowered! Is that the role of a representative of the Law, to encourage significant harassment?

my progress, i cant claim personal injury compensation against welfare recipients! My last hope now is Human Rights QHRC, their review of cases is delayed by CVD, bear in mind you have to prove disability while claiming your human rights to peace & safety are being violated. my disability being anxiety, aggravated by fear of neighbours causing mental anguish. I will update once my case comes under review. welcome to message to keep contact as i don't want to fill the forum with negative observations.
I apologise for grammar & using the term disability instead of impairment. BTW Impairment does not dictate whether your complaint will be reviewed or not. I recently broke my wrist, severe pain killers, typing with one hand, so writing thinking skills limited.
 

Genna

Active Member
4 June 2021
8
2
34
Hi Genna,

Thanks so much for sharing - it sounds abhorrent. The results of the case would be super interesting! Whether the QHRC could be useful in any way, would be great info!
Don't blame the Police too much, they are severely restricted by red tape & laws. Regular police services don't cater for ongoing harassment from neighbours. Complaining about Police to QHRC? personally, when I needed a Police case actioned, I wrote to the CCC with good outcome & without feeling guilty reporting the Police, I explained to the CCC that I respect the Police but needed to hasten an investigation. the problem with QHRC is that the delays to get a case reviewed are huge, I have been waiting for 8 months, in that time one has to put safeguards in place, so you can survive abuse until your case is reviewed.