human rights case notes

The Tribunal appointed the Public Guardian and the Public Trustee as guardian and administrator respectively for CTR, in circumstances where it was accepted that the limits imposed by this order were reasonable and demonstrably justified in accordance with s 13 of the Human Rights Act 2019 (Qld) on CTR’s right to privacy (section 25), freedom of movement (section 19) and property rights (section 24).

This case concerned an application for review of a decision by the respondent to issue a negative blue card notice to the applicant, on the basis the applicant’s case was ‘exceptional’ within the meaning of s 221(2) of the Working with Children (Risk Management and Screening Act 2000 (Qld).

This matter concerned an appeal brought by an employee of Queensland Health against a decision made by the respondent pursuant to the Health Employment Directive No 12/21 – Employee COVID-19 vaccination requirements (‘the Directive’).

On appeal to the Queensland Industrial Relations Commission, the appellant sought a review of a decision by the Queensland Police Service to suspend her employment without remuneration after she refused to comply with Direction No. 12 that mandated the COVID-19 vaccination for the health and safety of members of the Queensland Police Service.

This matter concerned an application for review of a decision by the Queensland Police Service to revoke the applicant’s weapons license. The Tribunal upheld the decision on the grounds that the applicant was no longer a fit and proper person to hold such a license.

The applicant was the principal body corporate for a layered community title scheme comprised of 18 subsidiary body corporates. The respondent was a service contractor under the Body Corporate and Community Management Act 1999 (Qld).

The Tribunal set aside a decision of the Director-General, Department of Justice and Attorney-General and found that the applicant’s case was not ‘exceptional’ in relation to his application for a positive notice for a blue card.

This application relates to a review of a decision from the Department of Justice and Attorney-General to cancel the applicant’s positive notice and blue card and issue a negative notice. The Human Rights Act 2019 (Qld) is discussed in relation to the applicant’s right to privacy and reputation against the competing right to protection of families and children, and the reasonable limitation of the applicant’s rights under section 13.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice on the basis that the applicant was an ‘exceptional case’. In deciding that the applicant was not an exceptional case, the Tribunal briefly considered the applicant’s right to a fair hearing (section 31) and right not to be tried or punished more than once (section 34), and the right to protection of families and children (section 26(2)) and considered that, to the extent that there were any limitations on those rights, those limitations were reasonable and justifiable.

An application for the review of a negative blue card notice was brought by a full-time truck driver. Member Taylor found that, as the applicant had been convicted of a serious offence in 2004, as defined in the Working with Children (Risk Management and Screening) Act 2000 (Qld), a negative notice must be issued unless an exceptional case exists in which it would not harm the best interests of children for a working with children clearance to be issued.