SK (A Child) v Commissioner of Queensland Police & Anor [2023] QDC 65

Date: 17 April 2023
Court: District Court of Queensland
Judicial Officer: Morzone KC, DCJ
Human Rights Act 2019 (Qld) Sections: ss 31, 32, 33
Rights Considered: Right to a fair hearing; rights in criminal proceedings; rights of children in the criminal process.
Other Legislation: Domestic and Family Violence Protection Act 2012 (Qld) ss 8(4), 142, 145(1); Justices Act 1886 (Qld), ss 222, 223; Uniform Civil Procedure Rules 1999 (Qld) rr 93(1), 95, 371; Youth Justice Act 1992 (Qld) ss 245(1)(a), 247(a), (b), 128.
Keywords: Children and Families; Criminal Proceedings

The case concerned a challenge to a domestic violence protection order regarding a relationship between two 12-year-olds. In considering whether the appellant was afforded procedural fairness, the Court briefly mentioned ss 31-33 of the Human Rights Act 2019 (Qld), namely, the right to a fair hearing (section 31); rights in criminal proceedings (section 32); and rights of children in the criminal process (section 32). On this point, the Court decided that the appellant was not afforded procedural fairness as the proceeding to final orders was premature, the short adjournment did not afford the appellant child a reasonable opportunity to obtain representation by a lawyer, and the appellant was not afforded a reasonable opportunity to be heard. The Court ultimately set aside the protection order.

Visit the judgement: SK (A Child) v Commissioner of Queensland Police & Anor [2023] QDC 65