• Fitzgerald v Venables & Anor [2022] QSC 78

    This case concerned proceedings relating to a challenge of a decision made by the Queensland Human Rights Commissioner to not accept a complaint made by the applicant. Martin SJA ordered the application to be adjourned to a date to be fixed and a contradictor to be appointed to assist the Court in dealing with the matter.
  • Figueiredo v State of Queensland (Queensland Health) [2023] QIRC 052

    The matter concerned the appeal of a decision from the respondent to refuse to exempt the appellant from the required doses of the COVID-19 vaccination. The appellant submitted he was exempt from the obligation based on a genuinely held religious belief however did not expressly refer to his rights under the Human Rights Act 2019 (Qld).
  • Fennell v State of Queensland (Queensland Health) [2021] QIRC 092

    This case concerns an appeal to the Queensland Industrial Relations Commission against a decision made with respect to the appellant’s fixed term temporary employment status and consideration of conversion to permanent employment. In order to consider the appeal, it was necessary to consider the relevant provisions of the Public Service Act 2008 and Directive 09/20 Fixed Term Temporary Employment, the latter of which included a reference to the requirement imposed by section 58 of the Human Rights Act 2019 which requires decision makers to act and make decisions in a way that is compatible with human rights. However, there was no consideration of human rights made by the Commission.
  • ELS v QPS – Weapons Licensing [2022] QCAT 118

    The appellant sought a preliminary decision about whether information filed by QPS was ‘criminal intelligence’ in proceedings involving a substantive review of three decisions relating to weapons licensing.
  • Ellison v State of Queensland (Queensland Health) [2022] QIRC 174

    The appellant sought a review of the respondent’s decision not to convert her employment from a Registered Nurse (NG5) to a Clinical Nurse (NG6).
  • Drage v State of Queensland (Queensland Health) [2022] QIRC 173

    This case concerned an application by the respondent for orders that they be granted leave to be legally represented at the proceedings between the respondent and the applicant. The substantive proceedings concerned the applicant seeking reinstatement of his former position, where he had raised the Human Rights Act 2019 (Qld): at [22]. This was not considered by the Commission.
  • Cement Australia (Exploration) Pty Ltd & Anor v East End Mine Action Group Inc & Anor (No 4) [2021] QLC 22

    The case concerned objections to an application for a mining lease and an amended environmental authority. The Court discussed that they were required to consider the Human Rights Act 2019 (Qld) and were subject to both substantive and procedural obligations under section 58.
  • Carne v Crime and Corruption Commission [2021] QSC 228

    Human Rights Act 2019 (Qld) was raised by the CCC in a draft investigative report to the applicant’s lawyers.
  • Bezett v State of Queensland (Queensland Fire and Emergency Services) [2023] QIRC 048

    The case concerned an application for leave to be legally represented in any conciliation conferences held before the Commission regarding an unfair dismissal application. The respondent had raised in submissions specific issues that were likely to be disputed, both in fact and law, which included whether the respondent had complied with the Human Rights Act 2019 (Qld). There were no further references to or discussion of the Human Rights Act 2019 (Qld). The Commission did not consider human rights in the decision to grant leave to be legally represented.
  • ZDA [2022] QCAT 167

    ZDA was a 92-year-old hospital inpatient. Her nephew and a solicitor applied for interim appointment as her guardian and administrator respectively. In dismissing their application, Member Kanowski acknowledged ZDA’s right to the freedom to choose where to live (section 19) and their property rights (in restricting their control of their property) (section 24): at [16].

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