human rights case notes

This case concerned an appeal of a decision to reject a conversion to a higher classification position under the Public Service Act 2008 (Qld). In submissions, the respondent decision-maker had noted that, as required by the Human Rights Act 2019 (Qld), the appellant’s human rights had been considered, particularly the right to work embodied in article 6(1) of the International Covenant on Economic, Social and Cultural Rights. There was no substantive discussion of human rights nor the Human Rights Act 2019 (Qld) by the Commission.

The applicant was a police officer who was charged with four disciplinary allegations and found guilty by the respondent. The Tribunal noted that it was required under the Human Rights Act 2019 (Qld) to have regard to the applicant’s human rights, and found that the applicant’s right to freedom of expression (section 21) and right to not have his reputation unlawfully attacked (section 25(b)) were potentially limited. The Tribunal was satisfied that limitations on these rights were consistent with the proper purpose of upholding public confidence in the police service and ensuring police discipline. 

This matter concerned an application for an interim order seeking the appointment of the Office of the Public Guardian as guardian for HE. The Tribunal accepted that it was subject to the Human Rights Act 2019 (Qld) and that appointing a guardian on an interim basis would interfere with a person’s human rights. In refusing the application, the Tribunal concluded that it was consistent with HE’s human rights to hold a hearing of the matter and provide HE the opportunity to be heard.

This case involved an appeal of the Tribunal’s decision that a contract between the two parties was frustrated as a result of COVID-19 government restrictions. The Tribunal recognised that it was bound by the Human Rights Act 2019 (Qld) and that a person has a right to have a civil proceeding decided by a court or tribunal after a fair and public hearing (section 31).

This matter concerned an application for an interim order seeking the appointment of the Office of the Public Guardian and the Public Trustee of Queensland. The Tribunal recognised that the right to freedom of movement (section 19) and right to privacy and reputation (section 25) under the Human Rights Act 2019 (Qld) may be affected by the appointment of a guardian for accommodation matters. The Tribunal noted that these rights, in addition to the right to a fair hearing (section 31) under the Human Rights Act 2019, would be limited in the short-term pending a hearing held at a later date.

The appellant sought a review of the respondent’s decision not to convert his employment to a higher classification level. The appellant submitted to the Commission that he should have been treated by the respondent in accordance with the Human Rights Act 2019 (Qld). There was no substantive discussion of human rights or the Human Rights Act 2019 (Qld) in the reasons.

This case concerned applications for the removal of PL, PJ’s mother, as guardian and administrator of PJ, and the appointment of the Office of the Public Guardian and Public Trustee of Queensland. The Tribunal briefly considered the Human Rights Act 2019 (Qld) and was satisfied that the limits imposed by the guardianship order were reasonable and justified in accordance with section 13 of the Human Rights Act 2019 (Qld).

This case concerned an application for leave to appeal a Queensland Civil and Administrative Tribunal decision to change the terms of appointment of the Office of the Public Guardian for adult, LER. The Tribunal briefly mentioned the Human Rights Act 2019 (Qld) in making a non-publication order and granting an extension of time for leave to appeal.

This case concerned an appeal of a previous Tribunal decision to set aside a decision of the Department of Justice and Attorney-General to issue a negative blue card notice, and replace it with the decision that the applicant’s case was not an exceptional case. The Human Rights Act 2019 (Qld) had not commenced at the time of the original proceedings so it did not apply. The matter was returned for reconsideration by a differently constituted Tribunal.