human rights case notes

The Tribunal considered the appointment of a suitable guardian and administrator for a woman experiencing impaired decision making as a result of  dementia.

A self-represented litigant sought judicial review after being issued a negative notice by Blue Card Services arguing that his case was ‘exceptional’. The Queensland Civil and Administrative Tribunal analysed limiting the applicant’s human rights and issued a non-publication order in light of the right to have all judgments and decisions made by a court or tribunal publicly available (Human Rights Act 2019 (Qld) s 31(3)).

The Department of Housing and Public Works sought to terminate the self-represented respondent’s State Tenancy Agreement on the basis of the ‘objectionable behaviour’ of the Respondent.

The right to a fair hearing, specifically the right to have all judgments and decisions made publicly available (Human Rights Act 2019 (Qld) s 31(3)) was noted by the Tribunal. It was ordered that due to delays in the matter, publication of materials which could identify the respondent was prohibited.

The self-represented applicant argued that the respondent’s decision to issue him with a negative blue card notice, despite him being acquitted at trial of a charge of indecent treatment of a child, was a breach of several rights under the Human Rights Act 2019 (Qld).

Foster parents applied to the Tribunal to review decisions made by the Department of Child Safety, Youth and Women to remove two children from their care and cancel their certificate of approval as foster carers. The Tribunal had regard to the applicants’ right to recognition and equality before the law but held that the right to protection of families did not apply as foster carers do not constitute “family” for the purpose of s 26 of the Human Rights Act 2019 (Qld). The protection of children under s 26(2) of the Human Rights Act 2019 (Qld), was also considered in relation to the Child Protection Act 1999 (Qld).

This case concerns conduct occurring prior to the commencement of the Human Rights Act 2019 (Qld). It was agreed by both parties that the Human Rights Act 2019 (Qld) did not apply to the case pursuant to s 108, which confirms that the Act has no retrospective application, and so it was not considered in any depth.

The respondent applied for a no jury trial in circumstances where measures in response to the COVID-19 pandemic had prevented all new jury trials from proceeding. The respondent raised the right to be tried without unreasonable delay in section 32(2)(c) of the Human Rights Act 2019 (Qld). The court found that the appropriate consideration was whether the making of a no jury order was ‘in the interests of justice.’

The Tribunal considered whether there was a need to appoint a guardian and administrator for GCS, an 89 year-old woman with impaired capacity. The Tribunal had regard to the interpretation provisions of the Human Rights Act 2019 (Qld) (s 48), GCS’s property rights (s 24), freedom of movement (s 19), and right to privacy (s 45) when making its decision to appoint the Public Guardian to manage GCS’s affairs.

The right to a fair hearing, specifically the right to have all judgments and decisions made by a court or tribunal publicly available (Human Rights Act 2019 (Qld) s 31(3)), was examined by the court. This arose because there was a possibility that confidential information would be inadvertently disclosed at the conclusion of the trial. The court found it unnecessary to examine this right in depth as the proceedings began before the commencement of the Human Rights Act 2019 (Qld), but held that there will be circumstances where justice cannot be served if everything must be done in public.