human rights case notes

This matter concerned the sentencing of the defendant, an Afghanistan war-veteran who developed PTSD and other mental health issues after serving three tours of duty. The Court was concerned, after reading a psychologist’s sentencing report, about the failure of Queensland Corrective Services (QCS) to facilitate the defendant’s treatment and rehabilitation and uphold the defendant’s rights to access medical treatment.

Following their indictment before the Court in respect of two counts of indecent treatment of a child under 12 under care, this case concerned an application by the defendant for leave to subpoena ‘protected counselling communication’ records and information; and produce to the court, adduce evidence of or otherwise ‘use protected counselling communication’; and otherwise disclose, inspect or copy a ‘protected counselling communication’.

This matter concerned the appeal of a decision made by the respondent to transfer the appellant to a new managerial position. The respondent claimed that the transfer was made due to ‘complex difficulties’ in the workplace, mental or physical illness or disability caused by work and an account from a medical practitioner that the appellant’s workplace issues were the source of their health issues.

This matter concerned an appeal against a suspension without pay decision. The appellant claimed that the Queensland Police Service had not acted with proper consideration of her human rights when it issued a notice of suspension after she declined a second COVID-19 vaccination. The Commission found that the notice addressed human rights in detail and that the appellant’s human rights had been considered. There was no substantive discussion of human rights in the reasons. The decision appealed against was confirmed.

McLennan IC considered interference with the complainant's right to privacy and confidentiality under the Human Rights Act 2019 (Qld) was justified when granting the disclosure of documents in pre-trial proceedings.

This case concerned the application for an order of a reportable death under the Coroners Act 2003. The jurisdiction of the District Court derives from section 11A of the Coroners Act 2003 (Qld), which provides that a person who is dissatisfied with the State Coroner’s decision may apply for an order about whether it is a reportable death. The court did not engage in any substantive discussion regarding the Human Rights Act 2019; however, it was noted that the decision was found to be compatible with and to satisfy any operative provision of the Human Rights Act 2019.

This case concerned an application for a stay of proceedings by the Commonwealth defendants regarding the proceedings brought by the plaintiff. By application, the plaintiffs, Palmer Leisure Coolum Pty Ltd and Clive Palmer, sought an order that would result in a summary judgment for criminal prosecutions involving a breach of the Corporations Act 2001 (Cth) and the Criminal Code 1899 (Qld).

This case concerned an application seeking appointment of the Public Guardian for approval of restrictive practice, containment and seclusion in a memory support unit for people who suffer dementia: at [3]. The Tribunal were satisfied that the decision to appoint the Public Guardian pursuant to s 12 of Guardianship and Administration Act 2000 (Qld) for the personal matter of giving consent was compatible with the human rights.

This case concerned an application for the appointment of the Public Guardian and Public Trustee of Queensland as guardian and administrator respectively, for a 90-year-old adult male (‘NHI’). NHI was diagnosed with dementia of mixed aetiology (amidst other health concerns), when admitted to hospital after being found on the floor in his remote residence, where he lives alone. The Tribunal briefly considered relevant human rights under the Human Rights Act 2019 (Qld), discussing that statutory provisions must be interpreted to the extent possible that is consistent with their purpose, and in a way compatible with human rights.

This matter concerned multiple issues arising out of a guardianship application for MTC. MTC’s children SNB, SNE and DTA sought to replace the Public Trustee as MTC’s guardian and administrator, subject to a loan dispute with MTC’s other child, SND, being resolved. The Tribunal recognised that the appointment of an ongoing administrator would impact MTC’s property rights under section 24 Human Rights Act 2019 (Qld), noting that although the appointment of administrator does not deprive an adult of their ownership of property, it does remove their control over the property.