human rights case notes

The appellant sought a stay of the Tribunal’s decision to terminate the residential tenancy agreement between the appellant and respondent. The appellant also filed an application for leave to appeal the decision which included a generalised complaint that his rights under the Human Rights Act 2019 (Qld) were infringed by the termination because of a shortage of housing on Badu Island. The Tribunal acknowledged the appellant would be disadvantaged due to the shortage of housing, but also noted the respondent would be equally disadvantaged by not having access to her own property: at [11]. The Tribunal refused the application for a stay but did not otherwise make any substantive comments or findings in relation to the application of the Human Rights Act 2019 (Qld).

This matter concerned an appeal by the Attorney-General against a decision of the Mental Health Review Tribunal to remove a condition from the respondent’s forensic order (community category) that prevented him from having unsupervised contact with children. In making its decision to confirm the decision and dismiss the appeal, the Court considered section 20 (right to protection of families and children) and section 28 (cultural rights of Aboriginal and Torres Strait Islander peoples) of the Human Rights Act 2019 (Qld).

This matter concerned applications for the appointment of the Public Guardian as guardian for legal matters pertaining to AS and for a declaration of capacity about AS. In its reasons, the Tribunal considered AS’s rights to recognition as a person before the law entitled to equal protection without discrimination, freedom of movement and privacy under the Human Rights Act 2019 (Qld) and found that the limits imposed by the appointment of the Public Guardian as guardian for legal matters were ‘reasonable and justified in accordance with s 13’: at [10].

The case concerned the contention that the respondent had discriminated against the applicant by requiring him to bury his father without a church service or private viewing.

This matter concerned an application by the respondent for leave to be legally represented pursuant to section 43 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), which was granted.

This decision concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant. In affirming the respondent’s decision, the Tribunal had regard to the applicant’s human rights, including the right to freedom of expression (section 21) and the right to privacy and reputation (section 25) in accordance with the Human Rights Act 2019 (Qld).

This case concerned an appeal of a Queensland Health decision that denied the appellant an exemption from compliance with an employment vaccination directive on the basis of her religious beliefs as a Seventh Day Adventist (‘the decision’). The Commission was required to conduct a review of the decision to determine whether it was fair and reasonable.

This case concerned a review of the appointment of RM as Guardian for AM for legal matters. AM’s mother, FK, applied for a review of this appointment.

This matter related to a public service appeal for appointment to a high classification level. The Human Rights Act 2019 (Qld) was referred to in a departmental document tendered in evidence. However, there was no substantive discussion of human rights in the reasons.

The case concerned a complaint accepted by the now Queensland Human Rights Commission out of time and, inter alia, a secondary matter concerning a suppression of identity application made out of time.