Discrimination (Human Rights)

This case considered whether Griffith University and two of its employees victimised or directly discriminated against the applicant on the basis of her impairment, family responsibilities and political beliefs. The Tribunal noted that proceeding to a final decision ‘on the papers’ appropriately balanced each party’s right to a fair hearing under section 31 of the Human Rights Act 2019 (Qld).

The Tribunal considered whether a school directly discriminated against a student, on the basis of his impairment. The Tribunal noted that the Human Rights Act 2019 (Qld) did not apply in this case as the legislation commenced after the relevant events took place. Nonetheless, it found no evidence to suggest that the student’s human rights had been contravened.

This case involved an application for review of a decision made by the Registrar of Births, Deaths and Marriages to register the parent who gave birth to his child as the child’s ‘mother’, in circumstances where that parent identifies as male. The Tribunal briefly considered the right to recognition and equality before the law, the right to privacy and reputation and the right to protection of families and children (sections 15, 25 and 16 of the Human Rights Act 2019 (Qld)) but ultimately decided that as the proceedings commenced before the commencement of the Human Rights Act 2019 (Qld), it was not applicable.

This case concerned an application for review of the Department of Education’s decision to refuse SF’s application to home school her child on the basis that they require an address to be provided. The Human Rights Act 2019 (Qld) was relevant in assessing whether the Department of Education’s interpretation of the procedural requirements and the terms of the application form to home school were compatible with SF and her children’s right to recognition and equality before the law (section 15), right to privacy and reputation (section 25), right to protection of families and children (section 26), and right to education (section 36).    

A self-represented applicant claimed that the State, vicariously through a Queensland state school, indirectly discriminated against and victimised her. As the events pre-dated the commencement of the Human Rights Act 2019 (Qld), the Tribunal stated that the Act did not apply. Regardless, the Tribunal held that the applicant’s right to recognition and equality before the law (section 15) and freedom of movement (section 19) were not contravened. 

This case concerned an application for a stay order to be issued in respect of a non-publication order of the Tribunal. Taking into account the respondents’ right to protection of their reputations under the Human Rights Act 2019 (Qld), the Tribunal refused the application.

This case concerned age discrimination pertaining to an application for an exemption from section 127 of the Anti-Discrimination Act 1991 (Qld). The company in question had in its trading name ‘over 50s village’ which was found to contravene this section. Given this finding, the Tribunal did not engage in an analysis of the Human Rights Act 2019 (Qld) despite submissions by the Queensland Human Rights Commission.

A former prisoner applied for leave to appeal and appeal of a decision in which she experienced discrimination on the basis of her gender identity during her incarceration in a male prison. Pursuant to section 108, the Human Rights Act 2019 (Qld) was found to not apply because the Tribunal’s decision was made prior to the commencement of the Act.

The applicant relied upon the right to peaceful assembly and freedom of association contained within section 22 of the Human Rights Act 2019 (Qld) in seeking declaratory relief against the respondents. There was, however, no in-depth analysis of this provision provided in the Commission’s decision.

This case concerned a complaint made on behalf of five-year-old Cyrus Taniela that his school’s decision to discontinue his enrolment for the second semester of 2020, unless he cut his hair to satisfy the school’s uniform policy, amounted to discrimination on the basis of race and sex. The applicant also argued that several human rights provided for in the Human Rights Act 2019 (Qld) were relevant to the discrimination experienced by Cyrus: recognition and equality before the law (section 15); freedom of thought, conscience, religion and belief (section 20); the rights of children (section 26(2)); cultural rights (section 27); and the right to education (section 36).