human rights case notes

The case concerned a review of a decision to issue a negative notice pursuant to the Working with Children (Risk Management and Screening) Act 2000 (Qld), where the applicant’s case was found to be ‘exceptional.’

This matter involved an application for appeal of a disciplinary decision from the Respondent based on various allegations made in respect to the Applicant’s conduct during his employment.

The appellant sought a review of the respondent’s decision to refuse their COVID-19 vaccine exemption application form which cited genuinely held religious beliefs. The appellant submitted that the vaccination requirement was contrary to s 17(c) of the Human Rights Act 2019 (Qld) however the Commission found that the Health Employment Directive 12/21 could not be characterised as engaging this provision.

The case concerned a claim for losses alleged to flow from a body corporate’s termination of letting and caretaking agreements. The Court considered that the authorities relevant to the interpretation of section 229(2) of the Body Corporate and Community Management Act 1997 (Qld) did not raise an ‘alternate realistically arguable interpretation’ that ought to be favoured due to the subsequent requirement under the Human Rights Act 2019 (Qld) that statutory provisions must be interpreted in a way that is compatible with human rights.

This matter concerned an application for a review of a decision by the respondent to refuse an exemption from COVID-19 Vaccination requirements requested by the applicant.

This case related to a decision concerning applications for protection orders by ex-partners involving their child.

This case concerned an application for review of the Respondent’s decision to issue a negative blue card notice to the Applicant. The Tribunal confirmed the Respondent’s decision in finding that any limitation on the Applicant’s human rights pursuant to the Human Rights Act 2019 (Qld) was justified in that it had the proper purpose of promoting and protecting the rights, interests and wellbeing of children and young people.

The appellant sought a review of the respondent’s decision not to convert his employment to permanent. The respondent’s decision was confirmed and the appeal was dismissed. There was no substantive discussion of human rights or the Human Rights Act 2019 (Qld) in the reasons.

The case concerned an application for review of a yellow card negative notice. The Department identified that the rights to protection from torture, cruel, inhuman or degrading treatment (section 17) and freedom from work (section 18), so far as they related to vulnerable people, are already incorporated into the Disability Services Act 2006 (Qld), and the application of the Human Rights Act 2019 (Qld) supports but does not extend the paramount consideration.

This matter concerned an application for review of a decision from the Department of Justice and Attorney-General that the applicant was an ‘exceptional case’ under the Working with Children (Risk Management and Screening) Act 2000 (Qld) and to revoke the applicant’s blue card. The Human Rights Act 2019 (Qld) was submitted by the applicant but was held as inapplicable, due its commencement coming after the beginning of the proceedings.