ADI v EGI [2020] QDC 13

Date: 21 February 2020
Court: District Court of Queensland
Judicial Officer: Smith DCJA
HRA Sections: ss 17, 26, 31, 48
Rights Considered: Right to protection from torture and cruel, inhuman or degrading treatment; Right to protection of families and children; Right to a fair hearing
Other Legislation: Domestic and Family Violence Protection Act 2012 (Qld) ss 3, 4, 37, 44, 46, 47, 78, 91, 92, 145, 166

Keywords: Interpretation; Domestic violence

The provisions of the Human Rights Act 2019 (Qld) were cited by a self-represented applicant arguing for a stay of the decision of the Magistrates Court to dismiss her application to vary a protection order. The court gave limited consideration to the interpretation provisions of the Human Rights Act 2019 (Qld), and did not elaborate on the applicant’s arguments.

This case concerned an application for a stay of the decision of the Magistrates Court to dismiss an application brought by the appellant to vary a protection order. The self-represented appellant raised sections 17 (protection from torture and cruel, inhuman or degrading treatment), 26 (protection of families and children) and 31 (right to a fair hearing) of the Human Rights Act 2019 (Qld) in her submissions to the court.

In making his decision to refuse the application for a stay, Smith DCJA held that he needed to have regard to the relevant provisions of the Human Rights Act 2019 (Qld): at [8]. His Honour stated that he had ‘regard to section 48 of the Human Rights Act 2019 (Qld)’ (the interpretation provision) but did not elaborate further or discuss the above submissions made by the appellant: at [43].

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